March 23, 2020
As the COVID-19 pandemic continues to evolve, we have additional updates from the government regarding accommodations and/or changes during this time. Some of this information was provided in our March 18 News Flash, and has now been confirmed by the government. Please note that new updates are coming out daily, and we will do our best to keep you updated with information that may be relevant for you and your workforce.
Department of Labor (DOL) Updates from the Office of Foreign Labor Certification (OFLC)
The OFLC published an initial FAQ on Friday (March 20) to address many questions they have received regarding the impact of the pandemic.

  • PERM Labor Certification Filing Date Extensions

DOL will allow an additional 60 days in which to complete recruitment steps and file PERM applications. Additionally: 

  1. In the event that PERM recruitment efforts cannot be completed within the 180-day timeframe required under the regulations, OFLC will allow an extra 60 days to complete the recruitment steps and file the PERM application. 
  2. This 60-day extension also applies to Notice of Filing postings. Unfortunately, OFLC did not make an exception to the requirement that the Notice of Filing must be posted for at least 10 consecutive business days in clearly visible and conspicuous places at the place of employment. 
  3. To qualify for a PERM filing date extension, the recruitment must have started on or after September 15, 2019 and the PERM filing must occur by May 12, 2020.  
  4. Employers who have already completed the recruitment steps during the required 180-day timeframe must file their application(s) within the standard 180-day window. 

The attorneys at RSST Law Group will work with our clients to determine if filing extensions will be necessary for any particular case, and we will strategize on the timing for initiating new PERM recruitment in light of office closures and remote work arrangements.

  • Other Filing Date Extensions

OFLC has agreed to extend response deadlines relating to the processing of applications for prevailing wage determinations (PWD) and PERM labor certification applications, including PERM audits, supervised recruitment, business verification, requests for reconsideration of a PWD, and any other requests for information issued by OFLC containing due date deadlines. 

For any deadline that falls within the period from March 13, 2020 through May 12, 2020, the response deadline is extended to May 12, 2020 and responses received by that date will be considered timely. This means that there is some flexibility in responding in situations where business disruptions otherwise prevent a timely response or timely submission of filings.

  • LCA Posting Notice for New LCAs

As stated in our earlier News Flash, the regulations allow employers to provide electronic notice of an LCA filing. Electronic notice may include any means ordinarily used by an employer to communicate with its employees about job vacancies or promotion opportunities. This includes website, electronic newsletter, intranet, or email. If employees are provided individual direct notice, such as by email, notification is only required once. Otherwise, electronic notice should be posted for 10 calendar days.

  • LCA Posting Notice and Change in Worksite 

H-1B, H-1B1 and E-3 employees working remotely within the same Metropolitan Statistical Area (MSA) as their worksite: 

OFLC confirms that H-1B, H-1B1 and E-3 employees who are simply moving to a new job location within the same area of intended employment do not need a new LCA so long as notice is posted on or before the employee begins work at the new worksite locations. In light of disruptions caused by the COVID-19 pandemic, OFLC is extending the time to post notice at new worksites within the MSA. Notice will be considered timely when posted “as soon as practical and no later than 30 calendar days” after an employee begins work at the new worksite locations. If you have already instituted remote work policies for your employees and have not yet complied with the LCA posting requirements, this extension provides you with an opportunity to comply.

H-1B employees (not H-1B1 or E-3) working remotely outside the MSA of their worksite:  

OFLC confirms that short-term placements must meet the requirements of the regulations. RSST Law Group addressed the short-term placement rules in our March 18, 2020 news flash.  In other words, employees will only be eligible to work remotely outside the MSA for 30 or 60 work days unless an amended H-1B petition is filed on their behalf, listing their home office as an official worksite.

  • Mail Delivery 

OFLC confirmed that if the U.S. Postal Service or other private courier services delay or discontinue delivery of U.S. mail to certain areas affected by the COVID-19 pandemic, OFLC will not send correspondence to geographic areas where there is either no mail service or partial mail service, as shown on the Service Alerts page of the U.S. Postal Service website. 
U.S. Citizenship & Immigration Services (USCIS) and Department of Homeland Security (DHS) Updates

USCIS announced on Friday (March 20) that it will accept photocopies of originally-signed forms for all filings dated March 21, 2020 or later, for the duration of the National Emergency.  Specifically, USCIS indicates that the originally-signed document with a “wet” signature may be scanned, faxed, photocopied, or similarly reproduced and that reproduction may be submitted to USCIS for filing. However, applicants/petitioners must retain the original document containing the “wet” signature, as USCIS may request it at any time. Based on this announcement, it appears that USCIS will still not accept a signature stamp or an e-signature.  


USCIS also announced on Friday (March 20) that it will not accept any new requests for premium processing of I-129 or I-140 petitions, effective immediately and until further notice. All new premium processing requests received today or later will be rejected and returned along with the filing fee. USCIS will continue to process previously-accepted premium processing petitions, and the agency confirmed that the I-907 filing fee will be refunded if a pending case is not adjudicated within the 15-calendar-day timeframe.  


DHS announced on Friday (March 20) that it will exercise discretion to defer the physical presence requirements associated with Form I-9. This exception will remain in effect for 60 days, or 3 business days after the National Emergency declaration is terminated, whichever comes first. 

For the duration of this exception, employers practicing social distancing precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. Employers should take the following actions:

  1. Employers must inspect the Section 2 documents remotely (e.g. by video, fax, or email) and obtain, inspect, and retain copies of the documents within three business days for purposes of completing Section 2 of Form I-9.  
  2. Employers must provide written documentation of their remote onboarding and telework policy for each employee.  
  3. Once normal operations resume, all employees who were onboarded using remote verification must report to their employer within three business days for in-person verification of identity and employment eligibility documentation. Once the documents have been physically inspected, the employer should enter “documents physically examined on [date]” to the Section 2 Additional Information field or to Section 3, as appropriate, with a notation of “COVID-19” as the reason for the physical inspection delay.  

Note that this provision does not apply if there are employees physically present at the work location. Some exceptions and alternatives are detailed in the DHS announcement linked above.  


E-Verify is extending the timeframe to take action to resolve Social Security Administration (SSA) Tentative Nonconfirmations (TNCs) due to SSA office closures to the public. E-Verify has implemented a temporary policy for created cases in E-Verify for new hires.  If creating the E-Verify case is delayed due to COVID-19, employers should select “Other” from the drop-down list and enter “COVID-19” as the specific reason.
Department of State (DOS) / Consular Updates

On Friday (March 20), DOS announced that it is temporarily suspending routine visa services at all U.S. Embassies and Consulates until further notice. All routine immigrant and nonimmigrant visa appointments will be cancelled. Emergency visa services will be provided as resources allow. Services to U.S. citizens remain available. Applicants with an urgent matter and immediate travel needs are instructed to follow the guidance provided on the specific Embassy’s website regarding requests for an emergency appointment.  
U.S. Travel Restrictions
We detailed many travel restrictions in our last post. Following is an update: 


Joint statements were issued on Friday (March 20) by the United States and Mexico and the United States and Canada which temporarily restrict non-essential travel across the U.S.-Mexico and U.S.-Canada borders. Non-essential travel includes travel that is considered tourism or recreational in nature. The restriction took effect at 12:01am on Saturday and will remain in place for 30 days, subject to extension.
RSST's Continued Operations
RSST Law Group is committed to providing our clients with continued support for your immigration needs during this time, to the extent possible based on the evolving situation in the Boston area. Please reach out to either of us if you have any concerns in this regard.  
As everyone is aware, the situation is constantly changing. Should additional information arise which could impact the processing of immigration cases, either by our office or the government, we will let you know.  
Sincerely, 
Rhonda Tietjen & Heidi Snyder
Partners, RSST Law Group