Jang Hyuk Im, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s San Francisco office, was quoted in SHRM, in “COVID-19 Upends U.S. Immigration,” by Roy Maurer.
Following is an excerpt:
The escalating response to the spread of the COVID-19 coronavirus has impacted several facets of employment-based immigration to the United States. …
Below are some of the important immigration issues facing U.S. employers and their foreign national workers during the current public health crisis.
Employers of temporary foreign workers with H-1B visas are facing a host of uncertainties right now due to the necessity to close work locations and switch over to remote work.
“Working from home could negatively affect the status of employees in H-1B status,” said Jang Hyuk Im, an attorney in the San Francisco office of Epstein Becker Green. He explained that when an H-1B worker starts working remotely at a location not on the original H-1B visa petition, a new labor condition application (LCA) posting or a new LCA and an amended petition may be required.
“Whenever the work location changes, the LCA must be posted in two conspicuous areas at the new work location for at least 10 consecutive business days,” he said. “That’s provided that the work location change is within normal commuting distances from the original LCA work location address. If the LCA work location address is outside such commuting distances, then the longest period of time that the H-1B employee can work from his or her home is 10 business days.”