Work from home ...


aojain

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Hi all, I have read few responses on getting a new LCA for working from home. But thought it was not clear or answer may change or may not. The situation is - The employer does not have an office in west coast. Headquarters is in northeast. The LCA and approved petition for northeast office. Nothing changes with regards to technical work, boss, administrative staff, phone # etc. Just physically employee is at home. Everything else stay the same except employee will be telecommuting.

Is it the feasible situation with no change or a change in paper work? If there is paperwork, what are the options to avoid those? Like how long at a stretch an employee has to be in office, 25% of the time? Once in 4 weeks, 6 weeks? Is there any guidance from USCIS or citation?

All the reponses are welcome.

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Thanks for the reply JoeF. LCA based on work location is little bit tricky I guess. Is it given somewhere in the memorandum from USCIS or DOL? Is it somebody's thought, which is being followed? What is the basis?

Are there any ways to avoid this LCA situation? Travel, work at two locations - periodic visits?

Is there some body getting in trouble or no trouble with such situations?

Thanks, INDNewYork.

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The LCA always has to be for the work location. If the work location is your home, then the LCA has to be for that.

It is certainly possible to have an LCA that specifies two work locations. The company should discuss that with a good immigration lawyer.

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Any comments from lawyers, please? Any credible sources? Guidance memo? Citation?

What "credible sources" are you looking for? The law applies to work from home situations just as for every other situation.

You have to get paid the prevailing wage in the area where the job is located. That's it. If the job is located in your home, you have to get paid according to the prevailing wage in the area where you live.

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