Due to the ongoing Covid-19 pandemic, many people are working from home. This has implications for H-1B holders, so it is important that H-1B employers and beneficiaries remain vigilant to ensure complete compliance. To that end, we have outlined some important considerations for some of the most common scenarios below:

  • If you are working from home, your address must be in the same Metropolitan Statistical Area (“MSA”) as the location certified by your LCA. If your home address is not in the same MSA, you will need to file an H-1B amendment for your remote location.
  • If you have been working from home on a project that corresponds to your certified LCA and you get a new project, you may need to file an amendment even if you will be working on the new project from your existing home address. It is very important to check with your immigration attorney prior to starting the new project, to ensure complete compliance.
  • End client changes are normally considered material by USCIS, so even if there are no other changes (location, title, SOC code, salary, etc.), an end client change warrants a conversation with your immigration attorney before starting the new project. Even with remote work, USCIS could still visit an end client location for site visit purposes, so it is important for USCIS to know who the existing end client is at all times.
  • If you hire a new H-1B employee who will work remotely during the pandemic or you file an amendment for an existing H-1B employee, you must still satisfy the DOL’s LCA notice requirements. The DOL released guidance in March 2020 regarding compliance with notice requirements during Covid-19. Pursuant to this guidance, if employees are working remotely, employers should post the LCA electronically through their website, electronic newsletter, intranet, or by email. The notice must make the LCA accessible to all existing employees to satisfy the notice requirement.

As a reminder, if there is a material change in an H-1B beneficiary’s employment which requires an amendment, the amendment must be filed ahead of time. In other words, if a new project requires an amendment, the amendment must be filed before the beneficiary can start working on the project. Otherwise, USCIS will find a Matter of Simeio Solutions violation, which could jeopardize the employee’s status. As such, ILBSG encourages its clients to be diligent and ensure all required H-1B amendments are timely filed in advance. If you are unsure whether a change requires an H-1B amendment, please reach out to an ILBSG attorney today.

h-1b immigration