Change in Temporary Worksite Location for H-1B, H-1B1 and E-3 Employees Due to COVID-19
As the coronavirus pandemic continues to unfold and stay-at-home orders are extended, below are important reminders for employers regarding remote placement of H-1B, H-1B1 and E-3 workers.
H-1B, H-1B1 and E-3 employment is specific to the worksite(s) listed on the certified Labor Condition Application (LCA). Certain rules allow for placement of employees at a location not listed on the LCA for 30 or 60 days, depending on certain factors as detailed in our March 17, 2020 update. If placement of employees at a location not listed on the LCA exceeds the 30 or 60 day rule, then depending on the location of the remote worksite, employers must take certain actions to ensure compliance with immigration regulations as follows:
- If the off-site location is within the area of intended employment listed on certified LCA, posting notices must be placed in two different locations at the temporary worksite for ten consecutive days (or distributed electronically), even if the off-site location is the employee’s home. Exception: This rule does not apply if the posting notices were previously distributed electronically. The area of intended employment is defined as an area that is within a normal commuting distance of the worksite listed on the LCA. For instance, if an employee normally commutes to the location listed on the LCA, the employee’s home is considered to be within normal commuting distance and is covered by this posting notice provision even if the commute crosses county or state lines.
- If the off-site location is outside the area of intended employment listed on the certified LCA, an amended petition must be filed with USCIS. The amended petition will include the temporary location as well as the location where the employee will return once the workplace reopens.
Please contact your LAC attorney with any questions regarding physical or electronic posting notices or changes in worksite location, salary, hours, or other working conditions that may impact employees in H-1B, H-1B1, or E-3 status.