有关H-1B雇员转换工作地点的须知

当H-1B雇员需要转换工作地点时，如果其新的工作地点与原H-1B申请中LCA (Labor condition application) 中的地点不在同一区域，那么雇主需为此雇员重新递交LCA以及I-129申请。以下为有关信息， Before an employer can move an H-1B worker to another worksite in a location not covered by an approved LCA for that new location, the following needs to be done: 1. A new LCA needs to be filed covering the new location (including on-site posting of the job for ten business days in two prominent locations at the new worksite) 2. A new I-129 needs to be submitted, because DHS considers a move to a new location (unspecified in the preexisting LCA) a material change in employment The process can take several weeks, and the employer should begin the process well before the new location is to be used. DOL does not require new fillings or postings at all if the place is not somewhere the H-1B worker will actually work. For example, nothing is required if the assignment is employee development activity such as attending seminars, conferences and training sessions. On-the-Job training or regular performance as the instructor are not considered “employee development activity” and require filings and postings. An H-1B worker can be temporarily placed for up to 30 days in a calendar year in an area not covered by an LCA and up to 60 days a year if the worker already has a work and home base in an area covered by an LCA without filing a new LCA. A worker must be covered by an LCA somewhere and the worker’s initial location cannot be a temporary placement. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]