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Shelter in Place and H1B Remote Employment

As shelter in place orders are executed for the San Francisco Bay Area, California, and throughout the U.S. in response to the COVID-19 coronavirus pandemic H1B remote employment rises. Many IT companies have put in place mandatory work-from-home policies to help slow down transmission of COVID-19, the new orders are aimed at keeping as wide a range of people as possible away from potential sources of infection.

ANNOUNCEMENT:

We at Litwin & Smith are diligently working to keep our clients informed and to provide the best in U.S. immigration related services possible. As employers adapt to our current reality, the demand for H1B remote employment is rapidly increasing. To that end, we do not see that USCIS intends to lessen the H1B employment requirements that exist regarding H1B employee remote worksites as applied to H1B employees working remotely from home.

H1B Remote Employment

An H1B employee working remotely from home beyond Short Term Placement of 30/60 Days is subject to the H1B Labor Condition Attestation (LCA) posting requirements.

  1. Employee Living within the MSA of the Existing Employer Worksite LCA

Where it is contemplated the employee will be required to work remotely from home more than 30/60 days. In the case where the employee lives within the MSA of the existing LCA employment the employee may repost the LCA at their home in two locations and the employer may update the public access file with the a Notice of Posting of this information.

  1. Employee Living outside the MSA of the Existing Employer Worksite LCA

Where it is contemplated the employee will be required to work remotely from home more than 30/60 days. In the case where the employee lives outside the MSA of the existing LCA employment the employee would post a new LCA at their home in two locations and the employer would file an amended H1B petition with USCIS in addition to creation of a new public access file with the a Notice of Posting of this LCA.

Litwin & Smith, A Law Corporation remains available to provide assistance to employers, their employees and their families. We have extensive experience providing employers with H1B beneficiary remote worksite employment approvals. We can help. For more information or assistance please call 888-344-0892 or email our firm. We look forward to assisting you.

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