Last Updated on October 23, 2024
Do you place any of your H-1B employees at client sites or have them telecommute from home?
Regardless of where employees work, employers must stay compliant with H-1B requirements based on their employees’ work locations and any relevant job changes.
Whether employees are changing job locations or filing for an H-1B amendment, here’s what employers and employees should know about H-1B compliance in specific situations.
H-1B Workers: Changing Job Locations
Occasionally, H-1B employees can placed at third-party client sites. This is common with consulting services or other contract work. Frequently, these H-1B workers change projects, end clients or relocate to a different client site during their H-1B validity period.
When the employee’s job location changes but all other terms of an H-1B petition remain valid (including title, duties, and salary), the petitioning employer must file a new Labor Condition Application (LCA) for the new job location(s). Employers must also ensure proper posting and compliance with each new LCA submission.
Considerations for Filing H-1B Amendments
A new H-1B petition may need to be filed or amended if the employee’s circumstances change.
When filing a new LCA (Labor Condition Application), H-1B petitioners must file a new H-1B petition or submit an amended one. That can occur in the following circumstances:
- When there is a change in the place of employment or geographical area
- When there is a material change in the terms and conditions of employment
In either case, H-1B petitioners must file a new or amended H-1B petition before the H-1B employee can start working at a site not covered by an approved and existing H-1B petition.
When is an Amended H-1B Petition NOT Required?
The H-1B petition does not always require employee amendment when transferring employment. In the following circumstances, an amended H-1B petition is not typically necessary:
- A move within a geographical area intended for employment
- Short-term placements
- Non-worksite locations
When an H-1B employee changes worksite locations but stays within the same geographical area, such as moving to a different part of a city, an amended H-1B petition is usually not necessary for filing. Employers must post original LCAs at the new worksite location. This is true even if a new H-1B petition is unnecessary.
An H-1B employee does not need a new LCA if they will be posted at a new worksite for no more than 30 days, and in some cases, up to 60 days, which also means that a new or amended H-1B petition is not required.
H-1B employees do not need to file an amended petition when they go to a non-worksite location and there is no significant change in their employment. A “non-worksite” location includes a short-term situation, such as an employee traveling to a location to participate in job-related activities or training like conferences and seminars. Employees do not need to submit an amended H-1B petition if they spend little time at a particular location or typically work at one place but occasionally travel to other locations for short periods.
Next Steps for Employers of H-1B Workers
H-1B employers must ensure compliance with all governing H-1B rules and regulations.
Given the complexity of the H-1B process, it helps to have an experienced immigration services provider on your side. Envoy’s dedicated support teams, including legal teams and more, can help employers and employees stay up-to-date and compliant with all aspects of the H-1B visa process.
