LCA at Home - Employer said not needed

Hey Anil,
I’m on h1B and have been working from home which is in the same MSA from last 2 months. I had reached out to Company’s internal Immigration team (not Attorney) multiple times and they said they are formulating a policy about WFH and LCA.

Last week I was given a notice saying will be terminated from my employment in July.
And Today my Company’s Immigration team told me that for Employees who are being let go they are not going to file any LCA for home address.

I have read your article but double checking if there is something I can do to adhere to guidelines about LCA.

  1. Working from home for five months and not post LCA at home, will it give problems with future H1 transfers and extensions?
  2. Is there something I can do like posting old LCA at home in the current situation?

You can post LCA at home using this guide that i shared:

But, the problem is that posting it at home like this will not mean anything unless your Employer keeps a record of this posting and can vouch for it if asked by USCIS or DOL in future.

Posting LCA at home is required and the requirement was relaxed by 30 days by DOL only for Coronavirus. Otherwise, you are required to post it on day 1.

Hey Anil,
Thanks for the response. Two follow up questions -

  1. Can I just use my old LCA(applied during H1B Transfer) of my present valid H1B and post it at home or do we need to file new LCA as specified in the article?

  2. Incase I can post the old LCA. Though employer does not want to document it, Can I just keep a photo of posted LCA for any issues down the line?

You would need a new LCA if the work location is outside the original location’s MSA as explained in the article.

Employer has to document it to make it legal.

Thanks for the response. Quick clarification and question-

  1. My work location is in the same MSA as my home. If Employer is not willing to file new LCA for home address or document the old LCA posting at home (with only office address). Do you still think it is not useful If I post the old LCA at home voluntarily and take pictures of posting?

  2. If not useful, What happens if I get asked during future visa interviews, if LCA was posted at home during covid-19 WFH situation? I believe I might have to say NO as it was not posted.

Is this an out of status violation and counts for the prohibition to enter US ?

Posting LCA is your Employer’s responsibility and not yours.

Of course, you cannot work if you don’t post LCA. Your visa can be denied if they ask you or they find it out.

The laws are not made for fun. Every company who has H1B on their payroll is doing it just to avoid any issues later.

Not sure why your company is not ready to do it. Are they asking you to work from home without filing LCA or you are thinking of doing it yourself.

Sounds strange to me that company is ready to violate LCA laws!

Hey Anil,

My company said they will not be filing new LCA for me even though I’m working from home from 2 months and will continue wfh for another 2 months.

My Employer said they are only doing new LCA with home address for Employees who are not part of the upcoming layoff in July.
Additional context: I have been given a notice for termination of my Employment and my last date of Employment is July 31.

Interesting part is - I’m still going to be working with the Employer till July as Full Time Employee and they are filing my H1 Extension this month, with a new LCA which has both Home and office address but starting date of sep 2020.

Also, I was told by my Employer that this decision was taken after discussions with Attorney and is applicable to all Employees who were laid off, irrespective of their last working day . Do you think I should bypass my immigration team and double check with the company Attorney directly and keep the email conversations as a proof for future that I flagged it but Employer did not file it?

Personally, I think the reason might be there is no one at office to post the LCA and even for extension it took them almost a month to get it posted with help from someone.

Oh also our company is in New York City and the company has kept our office open saying we are essential business.
So office is technically open, though none of us are going into office.

Well, it is better to keep all the proofs in safe folder. But, the problem is that visa officer will not listen to these things if they find out the violation.

I am not sure what can you do here as it is your employer’s responsibility entirely.

1 Like