Updates for H-1B Employers

October 24, 2022

H-1B petitions selected and approved in the H-1B lottery were effective beginning on October 1. However, it is still crucial for employers to ensure they comply with the program’s rules and regulations. Therefore, though employees; H-1B statuses became effective on October 1, employers must still ensure they comply with the applicable terms and conditions of the H-1B Petition and Labor Condition Application (LCA).

One thing employers must do to ensure they stay in compliance is to provide the employee with a salary that is at least as much as the salary listed in the H-1B petition. Also, employers must ensure that the employees work at the locations stated in the H-1B petition and LCA. The Fraud Detection and National Security Directorate (FDNS) may inspect H-1B employees’ worksites, so employers must ensure their employees comply and understand their rights when inspected.

Suppose an employer is changing an H-1B employee’s worksite location to an area outside their current metropolitan statistical area of the worksite locations listed in the LCA and the H-1B petition. In that case, it is considered a material change. If an employer does want to make material changes to the conditions or terms of an H-1B worker’s employment, they must file an H-1B amendment.

Employers operating under several legal entities must include all H-1B employees on the payroll of the legal entity that filed the H-1B petition for the employee. Also, employers that have employees listed in the LCA or H-1B working from home must make sure that these employees understand the importance of notifying Human Resources before moving.

Another issue employers need to consider is that, due to slow processing time, some H-1B petitions may still be pending after October 1. If this happens for any H-1B employees, it is necessary to check if they are still authorized to work from October 1. Some may have valid employment authorization documents or other non-immigrant statuses proving they can work. However, it is important to double-check.

Hiring non-immigrant employees can be a complex process that is more complicated than expected. However, one of the best ways to make the process a little easier is to use an electronic I-9 management tool. This tool can make it easy to file and maintain the appropriate documentation correctly each time and avoid the penalties that come with non-compliance.

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