H1B EMPLOYEES CAN WORK FROM HOME
Working from Home:
H1B Amendment:
H1B visa holders have been facing a lot of challenges when it comes to remote working. Non-immigrant visas such as B1 and H4 EAD are under strict orders to specify their worksite in their Labor Condition Application (LCA). Changing this could result in them losing their visa status. Several acquired H1-B petitioners may choose to work from home in order to preserve social distance norms. The employee can work under a valid visa status as long as the work location is within the same metropolitan region as their regular employment. According to the Department of Homeland Security (DHS), employers who maintain social distancing due to COVID-19 must undergo the Employment Eligibility Verification procedure (Form I-9). Every employee will be exempt, and their authorization documents will be tested.
WORKING ON AN H1B VISA FROM OUTSIDE THE UNITED STATES:
Legislation passed in 2019, which focused mostly on the pandemic crisis, allows H-1B employees to work anywhere within “Normal Commuter Distance” of an approved location. If the distance is less than 70 miles, it is considered a standard commute distance. Typically, 50 miles is considered a reasonable commute distance. The Department of Labor (DOL) issued remarks in 2019 for an H-1B employee who can work anywhere in the world and receive payment on any terms. Employees working remotely outside of the United States will continue to be paid until they are terminated by the employer or recruiter. H1B workers must leave the country in order to obtain a work permit. Remote employees and H1B visa holders in the United States are allowed to work on a contract, full-time, or salary basis for a company headquartered in the United States.
Here’s more information on H-1B visa blogs:
Complete Process and Guidance on When to File an Amended H-1B Petition
USCIS Grace Period for H1B Visas 60 days
H1B Application approval things to know
Lottery for H-1B Visas (How Does It Work?)
H1B REMOTE WORK IN OTHER STATES:
The work of H1B remote workers has been explained from a specific distance from its core. Working from multiple states in the United States is not a global issue, but COVID-19 has affected many states the most. The USCIS guidelines have helped remote employers work from multiple states within a certain distance. Many people have made a commitment to only work from home, the latest craze. Even if the candidate is on an H1B visa, they can work from a variety of locations. Viruses and social distance have been a concern in various states across the United States; therefore, remote working is not an issue for employees.
H1B REMOTE WORK FROM INDIA:
Among the many employees working under H1B remote status from all over the world, the majority of the labor is from India. Due to social distancing and pandemic conditions, employers are required to display an electronic notice telling US workers that a foreign worker is operating at a worksite location. Before starting work, if the H-1B employee’s worksite location changes or becomes remote, he must post a copy of the LCA at his new location. It’s possible that the new place will be a home or condo in another country.
A new LCA and amended H-1B petition must be prepared with the help of legal counsel if the remote employee’s stay in another country exceeds 60 days. A letter from the company stating continuity of professional position and work, income data, and that you are working remotely from India due to the COVID epidemic, travel prohibition, and any other logistical rules is also required when an H1B visa holder reaches India. Remote employees working from India are subject to varying rules and regulations based on their working hours and remuneration.
LABOUR CONDITION APPLICATION (LCA):
A Labor Condition Application, or LCA, is an application made by employers on behalf of non-immigrant workers holding an H1B, H1B1, or E3 visa. This application must be submitted to the US Department of Labor’s Employment and Training Administration’s Office of Foreign Labor Certification. You must use the ETA form 9035 to submit the application.
Here’s more information on H-1B visa blogs:
H-1B 60-Day Grace Period: How Long Can an H-1B Worker Stay in the U.S.
How do extensions and renewals for H1B visas work?
What are the rules on H1B Renewal
WORKING REMOTELY ON AN H1B VISA:
How to Post Your LCA:
- If you wish to upload your LCA so that you can work remotely on your H1B visa, you must first figure out where you can post it. Basically, you will have to post it in two prominent locations for a total of 10 days before starting work at the new site.
- However, if you’re going to work from home, you’ll have to post it first. You can post it on bulletin boards or notice boards if you live in an apartment or condo. Meanwhile, it can be put at entrances or at the door if you live in an independent property.
- When and if the LCA is certified by the Department of Labor, the H-1B visa petition can be filed.
- Several attestations and activities pertaining to the LCA are required of the employer in order to ensure that the US labor market is not harmed by the hiring of foreign nationals at low pay.
- The foreign national must be paid at least the higher of the prevailing wage rate for similarly employed individuals in the area or the real wage for the position, which is what the employer pays to other employees with similar experience and credentials in the same position.
- The employer also certifies that it will pay the foreign national’s wage for time spent in nonproductive status due to the employer’s decision or the foreign national’s lack of a required permit or licence, and that the foreign national will be offered benefits and eligibility for benefits on the same basis as U.S. citizen workers.
- The business must certify that hiring the foreign national on an H-1B visa will not have a negative impact on the working circumstances of similarly employed employees and that all foreign national recruits will be given the same or similar working conditions as U.S. citizen employees.
- The employer must certify that it is not experiencing a strike, lockout, or work stoppage in the named occupation as a result of a labor dispute and that if such an event occurs after the LCA is filed, the employer will notify the appropriate Department of Labor authorities within three days of the occurrence, in which case the LCA will be ineligible for use in support of an H-1B visa petition until the Department of Labor has determined that the strike, lockout, or work stoppage is over.
- The LCA requires the employer to confirm that workers in the identified occupation have been or will be given notice of the LCA as of the date the LCA is filed. The LCA must be posted in two conspicuous locations at the employee’s workplace, including the position, salary, and location.
- The notification must be posted at least 10 days before the LCA is filed, and it must be posted on or before the 30th day before the LCA is filed.
- The LCA is completed, filed online, and certified by the Department of Labor in 10 business days.
- The employer’s responsibilities continue during the H-1B visa holder’s employment. Employers must continue to pay the H-1B visa holder at least the wage provided on the LCA and in the indicated geographic region as long as the employee is employed. If the employment situation changes significantly, a new LCA as well as a new or amended H-1B visa petition must be filed.
Prior to the enactment of any of the following changes, they must be reported to OIS:
- Salary increases of more than 5% are
- Any reduction in pay?
- increase or decrease in the number of hours worked.
- Promotions and relegations
- Change in the title of the position
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