The H-1B’s home is located in the area of the permanent office location and not in the area of the short-term worksite(s) (e.g., the worker’s personal mailing address the worker’s lease for an apartment or other home the worker’s bank accounts the worker’s automobile driver’s license the residence of the worker’s dependents).The H-1B worker spends a substantial amount of time at the permanent work site in a one-year period and.H1B employee has a permanent place of work at the original location mentioned in LCA.The employer’s office is closed due to the coronavirus at this time. H1B transfer was approved but the employer asked to keep working from home in a different state. Pay the actual cost of travel, meals, and incidental or miscellaneous expenses (for both workdays and non-workdays).Pay lodging (Hotel cost or home rent) cost for all workdays and holidays.H1B employer keeps paying the salary as per PWD at the original location.Normally, you have to post this LCA on or before starting work at home.ĭuring special situations like Coronavirus, the employer can ask H1B workers to work from home outside MSA if these conditions have been met without H1B Amendment: You can now post LCA within 30 days of starting work at home. #1 Home address is in the same MSAĭOL relaxed the H1B LCA requirements specifically for the Coronavirus situation if you are asked to work from home due to your office closure. You can telecommute occasionally if the home address is not mentioned in the H1B application but your home falls in the same MSA ( Metropolitan Statistical Area) as your office. If your current approved H1B does not list your home address, then you need to file an H1B Amendment to get USCIS permission to work from home. You can work from home if your H1B petition has your home address listed as the ‘work location’ permanently. Note that the requirement is not judged by 50 miles distance as many people believe. You have to post LCA irrespective of MSA but an H1B amendment is also required if your home is in a different MSA. A concept called MSA (metropolitan statistical area) is important as it defines the boundaries of approved LCA.
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