H-1B’s and Short-Term Placement
An employer may make “short-term placement(s) or assignments” to new places of employment in areas of intended employment not listed on the original LCA w/o filing a new LCA. Short term placements may occur only under certain conditions for strictly limited periods.
1) The employer has satisfied all obligations under the existing LCA covering the H-1B worker
2) There is no strike or lockout at the new worksite in the occupational classification of the H-1B worker; and
3) The employer continues to pay the required wage based on the original LCA and also pays all lodging, travel, meals and incidental or misc expenses associated with the worker’s stay at the new location, for both workdays and non-workdays.
Short-term placement at any worksite or combination of worksites in a new area may not exceed 30 workdays in a one-year period, or under certain circumstances, 60 workdays. Workdays counted toward the limit may be nonconsecutive and may be at different specific worksites within the area of employment. Weekend, holiday or other non-workdays do not count. Thus, the 30-workday limit would typically be about 6 weeks.
It is recommended that you obtain the advice of an experienced immigration attorney who understands this issue. If you are not a client of our office and would like to be, please contact me directly.
Leslie Davis, Managing Director
Immigration Solutions
D 562 612.3996
Our News: http://www.immigrationsolution.net/newsletter-April-2010.php
Tags: Foreign Nationals, H-1B, H-1B Cap, H-1B Visa, Specialty Workers