COVID-19 Extensions End for Responding to DOL Inquiries and Recruiting for PERM Filings

By: Gladys Gervacio and Angelita Chavez

SUMMARY

On June 3, 2020, the Department of Labor (DOL) confirmed that it will not continue the extensions that gave employers impacted by coronavirus (COVID-19) more time to respond to DOL inquiries and complete PERM recruitment efforts. The DOL will continue to consider requests for extensions if they are filed on time, but no requests are guaranteed.

WHAT THESE CHANGES MEAN FOR EMPLOYERS

The PERM recruitment extension offered employers an additional 60 days to file certain employment-based green card PERM applications, where recruitment efforts could not be finished within the normal 180-day timeframe. Now that the extension is over, applications filed after May 12, 2020 will not receive an additional 60 days. All mandatory recruitment steps for PERM must now begin no more than 180 days before and end at least 30 days before filing the PERM application.

The DOL was offering automatic extensions for employers to respond to DOL inquiries during the pandemic.  Now the DOL will offer extensions on a case-by-case basis as requested by employers. Requests must be received by the deadline and should clearly explain why an extension is needed.

CONCLUSION

For assistance related to PERM filings and responding to DOL inquiries, please contact your Chugh, LLP immigration professional directly. For an immigration consultation, please contact us at info@chugh.com. We recommend forwarding this alert to your contacts who may benefit.