The issues described in this MU Visa Advisor are complex and very much driven by the facts of your case.  Please do not hesitate to contact MU Law if youhave any questions about these issues.
TheFederal Government Shutdown has caused the Department of Labor to furloughabout 80% of its workforce.  As a resultthe DOL’s iCert System, which is the manner through which LCAs are filed, hasbeen turned off.  It is impossible tofile LCAs, leading to many questions from H-1B employers. 
Background: The LCA System
TheLabor Condition Application (LCA) is the centerpiece of the H-1B program.  It serves two primary functions.  First, it forces the H-1B employer to certifythat the wage that it is offering to pay the H-1B worker is not lower than similarUS workers.  Second, the LCA includes amandatory mechanism whereby H-1B employers must notify potential US workers oftheir right to contact the Department of Labor (DOL) if they believe that theH-1B employer is engaging in prohibited behavior.
Thereare two ways that the LCA is utilized in the H-1B process.  First, new H-1B petitions must be submittedwith an LCA that has been certified by the DOL. Second, if an employee is going to change worksites, the employer mustprovide new Notice to the workers at this new worksite.  In some instance, the H-1B employer must filea new LCA with the DOL and wait the seven days for the DOL to certify the newLCA.  In other instances, the H-1Bemployer must not only obtain a new certified LCA but must also file a newH-1B.
The Government Shutdown
Unfortunatelywith the governmentshutdown the DOL has shuttered the LCA system.  It is impossible to file LCAs.  The DOL has not given the public any guidanceon how to handle new H-1B petitions nor how to handle new situations where anew LCA is required.
Onaccount of the fact that LCAs cannot be filed, H-1B employees should not changeworksites in instances where a new LCA would normally be required.  This is the safest approach.  Once the government shutdown ends, H-1Bemployers can file an LCA and the employee can move once the new LCA iscertified and in place.
Onthe bright side there are some instances when a new LCA is not required. 
  •  WhenH-1B workers change worksites, but the new worksite is still within the priorLCA metropolitan area, a new LCA is not required.  An H-1B employer must still post notice atthe new worksite. 
  •  TheLCA rules allow H-1B employees to work at new worksites when the new worksiteis peripatetic or very short-term.  Forexample a new certified LCA is not required if an H-1B employee isattending meetings for a few days in a new location.

Ifbusiness needs demand that an H-1B must change worksites, then the H-1Bemployer must be aware that it may be technically violating law, although a legalargument could be made that compliance with the law was impossible on accountof the shutdown.  Penalties can rangefrom $1,000 – $35,000 per violation.  Debarmentfrom the H-1B program could also occur.  Afterconsidering these potential penalties, an H-1B employer still feels compelledto move the H-1B worker, we urge that H-1B employers take all three of these additionalmeasures to mitigate risk:
·        Makesure to post LCA posting.  Even though wewould not be able to file an LCA, we would still be able to post Notice at thedestination worksite.  We can prepare theNotice Posting for you.
·        Filean LCA at the conclusion of the shutdown.

·        Filean amended H-1B at the conclusion of the shutdown and the certification of thenew LCA.