Department of Labor Updates to Frequently Asked Questions for Employers Ending COVID-19 Policies on Notices of Worksite Changes for H-1B and E-3 Workers

As of August 24, the Office of Foreign Labor Certification of the U.S. Department of Labor (DOL) has ended a 30-day grace period, instituted during the COVID-19 National Emergency, for employers to comply with Labor Condition Application (LCA) amendments and mandatory postings required by worksite changes for H-1B or E-3 workers.  Such amendments and postings must be in place at the time of the worksite change, even for employees who will work from home.  Employers and foreign national workers who hold H-1B or E-3 nonimmigrant classification must comply with the posting requirements to ensure that LCAs are amended, and mandatory postings are in place, before a foreign worker starts work at a location that was not identified in the employer's approved LCA.

The COVID-19 FAQs and published updates to its Frequently Asked Questions (FAQs) for the H-1B, H-1B1, and E-3 Programs regarding Labor Condition Application (LCA/ ETA Form 9035/9035 may be viewed here:  Round 4 of the FAQs for the H-1B, H-1B1, and E-3 Programs

All Department of Labor updates can be viewed on the announcement page here.