Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. What are employers’ obligations when fully remote employees move residences? Does the employer have any obligations when requiring fully remote workers to …
Form I-9 Remote Flexibility Ends July 31, 2023 – 5 Things to Keep in Mind
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9, effective November 1, 2022 – July 31, 2023. Additionally, in August of 2022, DHS invited public comment on a Notice of Proposed Rulemaking (NPRM)[1] regarding new policies for consideration in Form I-9 completion, such as permanent virtual document review options …
Continue reading “Form I-9 Remote Flexibility Ends July 31, 2023 – 5 Things to Keep in Mind”
OFLC Clarifies Telecommuting in the PERM Context for Both Prevailing Wage Requests and PERM Applications
Even before remote working considerations emerged during the COVID-19 pandemic, employers filing applications for Program Electronic Review Management (“PERM”) were grappling with how to prepare Forms 9141 Application for Prevailing Wage Determination (“PWDS”) and Form ETA-9089 Applications for Alien Labor Certification in the PERM context for employees who were telecommuting. The concern has grown more …
Remote Work Policy: Immigration and Post-COVID
As employers make adjustments to incorporate Remote Work Policies in a post-COVID world, employers with a foreign workforce must also carefully consider antiquated immigration rules for their Work from Home (WFH) workforce. Of all the nonimmigrant work visa sponsorships, the H-1B category is the most restrictive on worksite location and movement. The same strict rules …
Continue reading “Remote Work Policy: Immigration and Post-COVID”