The US Department of Labor recently released round 4 of their FAQ’s pertaining to Labor Condition Applications (LCA’s). Amidst the topics covered, one notable subject that emerged was the consideration of new, unintended job locations in relation to H-1B, H-1B1, and E-3 workers. The associated concerns have become increasingly apparent due to the evolution of employer remote work policies, in response to the conditions imposed by the ongoing global pandemic.
According to information available on JD Supra, three key issues under scrutiny pertain to the potential shift in workforce distribution. Firstly, there is the obligations of employers when fully remote employees decide to shift residences. Secondly, the guidance explores the employer’s responsibilities when requiring fully remote workers to revert to on-site work. Lastly, the FAQs touch upon the potential legal implications of such workforce redistribution.
Parsing the environments encountered today, it becomes clear that the notion of ‘workplace’ is less about a physical location and more about a set of conditions wherein tasks can be conducted. For international workers holding visas like H-1B, H-1B1, and E-3, these changes can have a major impact on their immigration status, rights, and obligations. Therefore, complying with an evolving set of guidelines has become an important aspect of managing this workforce segment.
The necessity to interpret and implement these rules in a timely manner lies with the employers. It is critical to stay updated with the regular updates from the US Department of Labor, as failure to comply can lead to legal complications. Dickinson Wright, a prominent legal services firm, urges employers to particularly pay attention to these changes and to seek professional legal advice when unsure about the application of these evolving rules.