This summary describes an employer's obligations in two situations in which an employer must assign an H-1B employee to a new worksite, either temporarily or permanently:

• the new worksite is located outside the city/state listed on the employer's Labor Condition Application ("LCA"); and
• the new worksite is located within a city/state listed on the LCA.

An employer may assign an H-1B employee to a worksite in an area of employment (i.e., city/state) not listed on the employer's LCA without first filing a new LCA encompassing such a new worksite for a maximum of

• 30 workdays within one year ; or
• 60 days in one year if the employer can show (1) the H-1B employee continues to maintain an office or workstation at the original site, (2) the H-1B employee spends a substantial part of the year at the permanent work site, and (3) the H-1B employee's place of abode is in the area of the permanent work site.

However, to take advantage of either option, the employer must comply with the following conditions:

• The employer must have a certified LCA covering the subject H-1B employee;
• The employer has fully satisfied the fourt attestations agreed to on the original LCA for the original work site;
• The employer must not assign the H-1B employee to any worksite where there is a strike or lockout in the course of a labor dispute in the same occupational classification as the H-1B nonimmigrant;
• The employer continues to pay the H-1B employee the higher of the prevailing wage or actual wage at the original worksite; and
• The employer pays the worker the actual cost of food, lodging, and travels for each day of the employee's assignment (work days and non-work days).

The initial place of employment for an H-1B employee must be the location stated in the approved H-1B Petition and for which there is a certified LCA.

The DOL defines "workday" as any day on which an H-1B Nonimmigrant performs any work at any worksites within the area of employment. For example, if the H-1B employee works three non-consecutive days at three different worksites within the same area of employment, three workdays would be counted toward the allowed 30 (or 60) day period.

After the 30 (or 60) days have been used during a one-year period, the employer must either terminate its assignment of H-1B workers at the worksites within the area of employment or must have obtained a Certified LCA for the area of intended employment. This option requires the employer to keep track of its assignment of H-1B Employees to worksites not covered by its LCA. If an employer who regularly assigns H-1B Employees to various worksites around the country fails to keep track of these assignments, it could unwittingly violate the 30 (or 60) day option (that is, the option to avoid having to request a new LCA for the new area of employment). In situations where the assignment is long-term, employers will have to apply for new LCAs.

In this situation, the employer must comply with the internal posting requirement at the new place of employment. In other words, upon the assignment of the employee to the new worksite, the employer must ensure that two LCA postings are placed in conspicuous locations at the new worksite and that the notices are placed in the employer's public Inspection File at the close of the required ten-day posting period.

This memo does not cover every issue appearing in the DOL's regulations and supplementary information. To make this summary manageable, we necessarily had to omit information which, under certain circumstances, could be important. The information in this summary is a general description of the law and is not intended to provide specific legal advice.