Increasingly, H-1B employees are interested in working on more than one project as the availability of fully remote work is now more feasible. Whether looking to work for two different H-1B employers or to work on more than one project for the same H-1B employer or working in multiple locations, these scenarios must be carefully addressed by hiring companies to ensure complete compliance with all applicable immigration and employment laws. The effects on the post-pandemic work environment and subsequent compliance have changed as well.
As the post-pandemic work environment has shifted to more remote work, we remind clients to be diligent and make sure all H-1B requirements are satisfied. If an H-1B employee works fully remotely from their home, make sure you file an H-1B amendment anytime the project or end client changes. While locations changes have always been considered material by USCIS, project changes, title changes, and end-client changes are also material and should be carefully monitored. Even if the employee is remaining at the same location since they work from home, these other changes still trigger an amendment. While the post-pandemic work environment has experienced greater flexibility, please remember the USCIS requirements have not become more flexible. Timely filed amendments for any material changes are still required before the change can occur.
As a reminder, when there is more than one work location included on an LCA, the location with the higher prevailing wage controls. Increasingly, H-1B petitioners are including both the end client location and a remote location in the LCA, to allow for remote work during the pandemic as well as on-site work, should restrictions ease. This is a good strategy, but the wages could be affected when you include two locations, so that is something to keep in mind.
If you have questions about the H-1B visa or the upcoming filing, contact us at ILBSG. Our team has combined decades of experience with H-1B filings and expertise in each step. Planning for your employment needs extends beyond the H-1B, so it’s best to think strategically for your upcoming employment needs. We put our experience to work for you, to ensure you get the right advice.
