On January 20, 2021, the Department of Labor withdrew its Notice concerning which employers of H-1B workers must file Labor Condition Applications, from the Office of the Federal Register prior to its publication. It is now withdrawing the Bulletin and Wage and Hour Division Field Assistance Bulletin (FAB) for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. Accordingly, the requirements of the Bulletin and FAB are no longer in effect. The Department will notify the public of any further actions as appropriate once it completes its review
Background: On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications. The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation.