The Roving H-1B Employee: Dealing with Multiple Changes in Job Locations
Roving H-1B employees require special attention and analysis. In general, if an employer sends an H-1B worker to a new worksite, not listed on the Labor Condition Application (LCA), the employer must act to maintain compliance with the regulations. The new Department of Labor (DOL) regulations attempt to address this situation, but in fact create a series of confusing rules. The new DOL regulations include a detailed definition of place of employment for H-1Bs. This definition governs what an H-1B employer must do to maintain LCA compliance. The definition creates several exceptions that are not considered new places of employment, such as places where an H-1B may travel temporarily for developmental activity or to receive training. If there is no new place of employment, then the employer’s LCA obligations remain fixed at the home base.
The first question to ask is whether the roving H-1B employee is going to a new place of employment or worksite? If the answer is yes, then the H-1B employer must do one of the following:
Re-post (if the new worksite is within the area of intended employment). In this case, the employer must re-post notice of the LCA at the new worksite before the H-1B begins work there;
1. Use the short-term placement rules; or
2. File a new LCA for the new worksite
The regulations define
Source:Visapro