Understanding Worksite Definition for Remote Work

H-1B remote and hybrid work LCA compliance begins with understanding that worksites include any location where H-1B employees perform work duties, encompassing traditional offices, client sites, and home offices. The Department of Labor considers home offices as worksites when employees regularly work remotely rather than occasionally.

Regular and systematic remote work triggers LCA worksite obligations. If employees work from home offices three or more days weekly consistently, those locations constitute worksites requiring prevailing wage determinations and proper LCA documentation.

Beyond Border helps employers navigate remote and hybrid work LCA compliance, ensuring proper worksite identification, accurate wage determinations, and compliant documentation across distributed workforces.

Prevailing Wage Determinations for Remote Locations

Geographic-specific prevailing wages apply to each worksite. Prevailing wages vary significantly by metropolitan statistical area, requiring separate determinations for each location where H-1B employees work regularly.

Home office locations use employee residence addresses for wage determinations. If employees live in Chicago suburbs but company headquarters is in San Francisco, Chicago-area prevailing wages apply when employees work remotely from home.

MSA identification determines applicable wage surveys. Proper MSA classification affects prevailing wage levels substantially; misclassification can result in underpayment violations even with good-faith efforts.

Multiple location scenarios require comparative analysis. When employees split time between offices in different wage areas, employers must ensure compensation satisfies highest applicable prevailing wage or file multiple LCAs specifying time allocation.

Short-Term Placement Rules and Exceptions

Non-worksite exception allows up to 30 consecutive days at locations not listed on LCAs before those sites become worksites. Brief assignments, temporary projects, or short client visits may fall within this exception.

60-day extension applies when assignments at single locations extend beyond 30 days for legitimate business reasons. Total 60 consecutive days maximum before site becomes official worksite requiring LCA coverage.

Sporadic work at various sites avoids worksite designation. Occasional work from vacation homes, coffee shops, or temporary locations doesn't trigger LCA obligations when genuinely temporary and non-systematic.

Documentation of short-term exceptions proves compliance. Employers should maintain records showing assignment durations, business justifications, and patterns demonstrating temporary rather than regular work arrangements.

Working with Beyond Border ensures proper application of short-term exceptions while avoiding misuse that could trigger LCA violations during audits.

Interstate Relocation and Portability

Permanent relocation to new states typically requires new LCAs. When H-1B employees move residences to different states and work remotely from new locations, prevailing wage determinations for new areas become necessary.

Portability provisions allow certain moves without immediate new LCAs. If current wages equal or exceed prevailing wages in new locations, employees can relocate and continue work while employers file amended petitions.

60-day amendment filing obligations arise after relocations. Employers must file amended H-1B petitions with new LCAs within 60 days of employees relocating to new worksites with different prevailing wage areas.

Proactive filing before relocation proves safest. Filing amendments and obtaining approvals before employees relocate eliminates compliance gaps during transition periods.

Beyond Border manages interstate relocation compliance through timely amendment preparation, new LCA filings, and portability analysis ensuring continuous authorization and wage compliance.

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Wage Payment Across Multiple Locations

Consistent wage payments simplify compliance. Paying single salaries exceeding prevailing wages across all potential worksites eliminates location-specific wage calculation complexities.

Location-based pay differentiation creates risks. Varying compensation based on employee locations requires meticulous tracking ensuring each location's prevailing wage is satisfied.

Cost-of-living adjustments must maintain prevailing wage compliance. Reducing salaries when employees relocate to lower-cost areas risks prevailing wage violations if new wages fall below new location requirements.

Documentation of wage justifications proves compliance. Maintaining records showing how wages satisfy prevailing wage requirements across all worksites provides audit protection.

Working with Beyond Border ensures wage strategies across distributed workforces maintain prevailing wage compliance while accommodating business flexibility needs.

Strategic Remote Work Program Design

Centralized compensation policies simplify compliance. Paying all H-1B employees wages exceeding highest metropolitan area prevailing wages eliminates location-specific wage concerns.

Restricted geography approaches limit compliance complexity. Allowing remote work only within specific states or MSAs reduces LCA filing obligations and wage determination requirements.

Flexible arrangements within LCA parameters accommodate needs. Allowing employees to work remotely anywhere within LCA-covered areas provides flexibility without triggering new compliance obligations.

Proactive monitoring and amendment processes prevent violations. Regular check-ins about work locations, systematic LCA reviews, and prompt amendment filing when circumstances change maintain compliance.

Partnering with Beyond Border ensures remote and hybrid work programs are structured for LCA compliance through proper worksite identification, accurate wage determinations, timely amendment filing, and comprehensive documentation supporting distributed H-1B workforce management.

FAQ

Does working from home require a new LCA?

Yes, when remote work from home offices is regular and systematic rather than occasional, home locations become worksites requiring prevailing wage determinations and proper LCA coverage.

Can H-1B employees work from different states?

Yes, but each state where employees regularly work requires LCA coverage with prevailing wage determinations based on specific work locations.

What if an H-1B employee moves to a different state?

Interstate moves to new regular worksites require amended H-1B petitions with new LCAs reflecting new locations, typically filed within 60 days of relocation.

How long can H-1B employees work at unlisted locations?

Short-term placements of 30 consecutive days (extendable to 60 days) at non-LCA locations may be permissible before those sites become worksites requiring LCA coverage.

Do I need separate LCAs for hybrid work arrangements?

Multiple LCAs or single LCAs covering multiple worksites become necessary for hybrid arrangements, with H-1B remote and hybrid work LCA compliance requiring wages satisfying all applicable prevailing wage requirements.

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