Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS or the Department of State – H-1Bs, H-1B1s, and E-3s – require the following.

• Notice must be given to U.S. workers at the relevant worksite(s) in accordance with DOL regulations with the specifics about the position for which the employer will be seeking an H-1B, H-1B1, or E-3 visa.
• A copy of the LCA must be given to the H-1B, H-1B1, or E-3 worker no later than the date the individual reports to work.
• When there is a material change in the position, including a change in work location, notice must be given again. If the position is outside of the regular commuting distance of the original worksite, beyond the notice requirement, a new LCA might have to be filed with DOL, along with an amendment to the petition. All this should occur before the employee changes their location.

In these days when so many employees are working from home offices, it may be harder to comply with these notice requirements. For instance, if a foreign national working from home in H-1B, H-1B1, or E-3 status is going to move, they may not think it necessary to notify their employers in advance. But to make a timely determination about what immigration notifications are required, they should be reminded to provide notice to their employers in advance and to notify USCIS of any change in their home addresses.

All non-U.S. citizens living in the United States, including green card holders, must notify the USCIS within 10 days of any move. This notification can be accomplished on the USCIS website by filing an AR-11 either online or in paper form. There are a few limited exceptions to this requirement.

Jackson Lewis attorneys are available to advise you on these and other compliance issues.