Mumbai: Some offices in the US open their doors to employees once again – this includes H-1B workers.
In the background of a pandemic when work from home is applied, American entrepreneurs who have employed H-1B workers must comply with various requirements.
Toi has reported that this often means amendments to their H-1B petition.
There are no such requirements to appear, only if employees who work from home do it within commuting distance from their workplaces – this generally does not happen.
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As has been done in many countries, the US consulate office in India has canceled the promise of an immigrant and non-immigrant visa (which includes a visa H-1B) from March 16, to further notice.
After the operation, the appointment can be “now as an employee (including those in the H-1B visa) is being welcomed into the workplace, once again sponsoring the employer needs to ensure that they remain in accordance with the application requirements of the Labor Condition (LCA) and they need to check whether the amendment H-1B is guaranteed, “said Snehal Batra, managing lawyers with the NPZ Law Group.
Ashwin Sharma, a Florida-based immigration lawyer explained to TOI, “In general, if the employer who sponsors previously obtained a certified LCA for the physical workspace where H-1B workers continue jobs; or if the previous LCA includes the Metropolitan Statistics Area (MSA) includes H-1B Workers Home Work Site, then the resumption of H-1B workers in the physical workspace will be quite straight forward.
“In such cases, H-1B workers can effectively continue such work with a minimum without effort on the part of the part of The employer sponsored H-1B, added Sharma.
BATRA shows that even though the Covid-19 pandemic, US and Immigration Citizenship Services (USCIS) does not revise LCA compliance requirements.
When there is a material change in H-1B work, the new LCA is required to be submitted, requiring an amendment to the H-1B application.
Employers who sponsor are required to enhance such as those related to wages, working conditions, work conditions, workplaces, for some names.
“Material changes include changes in work locations, significant changes in work assignments or changes in work classification, or reduction of hours from full time to part time or salary reduction,” said Batra.
Rajiv S Khanna, managing lawyers at IMIGRATA.com said, “H-1B regulations require that every time there are ‘big changes’ in the work, formal amendments must be submitted with USCIS.
Every employee relocation is more than around 50.
Miles is included in the definition of change Great.
Unfortunately, the amendment with the exact number of documents is the same as the new H1B or a change of employer.
Furthermore, the amendment was treated by USCIS as an invitation to check the predetermined case.
This adds to the uncertainty of the results and creates an additional burden on the employer who has struggled with the effects Pandemic Economy.
“Sharma warned that if the new LCA was asked to assign H-1B workers into a new physical workspace, the sponsor’s employer must ensure that the new LCA along with the H-1B petition which was changed on time was submitted with USCI before the effective date of each change physical work.
“When a pandemic has hit, for cases where the client needs to submit a new LCA, we include all the anticipated work locations so that the employer will not be asked to submit a second LCA and H-1B amendment when the employee returns to work,” said Batra.
Immigration lawyers show that in addition to changes in locations, changes such as employee responsibility, promotion, salary change, also need to be checked, so see whether the H-1B petition is needed.
As a return of H-1B employees, compliance obligations arise
