The Coronavirus Disease 2019 (COVID-19) pandemic has impacted immigration processes considerably over the past 18 months. Now that COVID-19 vaccines are broadly available and as people start to return to the pre-COVID-19 way of life, it is important to reevaluate immigration practices to ensure they are in line with legal requirements, and review issues that will continue to impact employment immigration in the months ahead.

LCA Requirements

Under INA §212(n)(1), H-1B employers must obtain a certification from the Department of Labor that it has filed a Labor Condition Application (LCA) before filing the I-129 petition for an H-1B employee. The LCA contains information on the occupation, the wage rate being paid to the beneficiary, the prevailing wage for the occupation in the area of intended employment, and the employee’s specific work location(s). Material changes to employment, including changes in work location outside the area of intended employment identified on the LCA, require a new LCA and filing of an amended H-1B petition. Where an employee moves to a new worksite within the same metropolitan statistical area (MSA) or area of intended employment covered by the initial H-1B petition, a new LCA and petition is not required, but the employer must still give notice of the H-1B employment at the new work location.

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