The Department of Labor’s Office of Foreign Labor Certification (OFLC) released Round 3 of frequently asked questions (FAQs) regarding COVID-19. The Round 3 FAQs address potential issues regarding the H-1B temporary specialty occupations program and H-2A temporary agricultural labor certification program.
Among other things, the FAQs say that an employer with an approved Form ETA-9035, Labor Condition Application (LCA) for Nonimmigrant Workers, may place an H-1B worker at a new worksite located outside of the area(s) of intended employment without having to file a new LCA if the employer meets the conditions for short-term placement. Such an employer may place an H-1B worker at the new worksite location for up to 30 workdays in one year and, in certain circumstances, up to 60 workdays in one year. If the worker’s place of residence is outside the area of intended employment, the 60-workday provision would not apply.