Work from Home and LCA Posting Reminders

A reminder from the October 2017 Department of Labor (DOL) meeting with American Immigration Lawyers Association (AILA):

Question: "Many H-1B workers are now working remotely from their homes, instead of the employer's office. If the employer has an LCA for its office but then will allow the H-1B worker to work remotely from home in a geographic area of employment that is not covered by the LCA, is the employer required to file a new LCA prior to the H-1B worker being allowed to work from home (assuming that the short-term placement option does not apply)? Is an employer required to complete the LCA notifications for an H-1B worker who will be working from home? If so, how/where should these notifications be posted at the H-1B employee's home?"

DOL Response: We do not expect employees to post at their houses. If the worker will be working at HQ and at home, the employer should post at HQ. Unless one of the short-term placement exceptions apply, the employer will need to file a new LCA for the employee's home location if the employee will be working at a home location that is not within normal commuting distance of the location on the existing LCA covering the employee.

As with any material change to you or your foreign national employee’s working conditions (title, worksite, salary, etc.), please notify the IDC attorney on your case prior to any changes to assess the situation and determine if an amendment or other action is required first to ensure continued lawful status and work authorization.