For purposes of posting the Notice of Filing for a permanent labor application, what does the Office of Foreign Labor Certification count as a “business day”?
OFLC has consistently interpreted “business day” to mean Monday through Friday, except for Federal holidays. However, where an employer is open for business on a Saturday, Sunday, and/or holiday, the employer may include the Saturday, Sunday and/or holiday in its count of the 10 consecutive business day period required for the posting of the Notice of Filing so long as the employer demonstrates that it was open for business on those days. Similarly, where an employer is not open for business any day, Monday through Friday, the employer should not include any such days in its count of the 10 consecutive business day period required for the posting of the Notice of Filing.
Related Questions
- What should I do if my permanent labor application was denied because I included a Saturday, Sunday, and/or holiday to complete the Notice of Filing 10 consecutive business day posting requirement?
- Where must I post a Notice of Filing for a permanent labor certification for roving employees?
- Are there any shortcuts to filing a permanent Labor Certification application?
