| Is the H-1B employee traveling to a new place of employment? |
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Parameters at left do not apply. Is worksite a new place of employment? |
| NO, IF |
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Yes |
The “nature and duration” of the job duties require frequent location changes with limited time at any one particular worksite. In order to meet the above condition, the job must be:
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Is travel within same area of intended employment on the original LCA? YES
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| 1. |
peripatetic in nature AND travel must be on a “casual, short-term basis” which may be recurring, but not excessive. |
Then |
Employer must post LCA at new worksite within that area on or before the date H-1B reports to site. |
| |
No more than five consecutive workdays for one visit by peripatetic worker |
II |
Is travel outside the intended area? |
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or |
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Yes |
| 2. |
most work time, by nature of the duties, must be spent at one location, with occasional travel for short periods to other locations; AND travel must be on a “casual, short-term basis” which may be recurring, but not excessive. |
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A. File a new LCA
or
B. Follow short-term placement rules
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| No more than ten consecutive workdays for one visit by worker who spends most work time at one location with occasional travel |
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Itenerant Worker, Short-term = 30 workdays at geographical area not listed on LCA in any given fiscal or calendar year. |
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or |
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Nonitinerant Worker, Short-term = 60 workdays (maintains work station at permanent worksite, spends substantial amount of time there and place of abode is in area of permanent site). |
| 3. |
H-1B is temporarily at different locations for developmental activity (e.g. seminars) unless s/he is instructor who regularly performs duties at such locations. |
|
| |
No time limit for Developmental Activities
In All Instances, Employer must reimburse employee for travel expenses.
LCA obligations are tied to regular work location where employer has existing certified LCA.
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| ADDITIONAL CONSIDERATIONS: |
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| • |
Initial assignment cannot be at a short-term placement location. |
| • |
Employer may not take advantage of short-term placement rule where employer has a certified LCA for that job category. If an employer sends an H-1B to a geographical location where a certified LCA exists and there are open slots on the LCA, then the existing LCA is applied to the new, travelling H-1B if. The employer must pay the rate on the existing LCA. No further action is needed. |
| • |
If an employer uses the short-term rule (no existing LCA for site), then the employer must pay the wage based on the LCA that corresponds to the permanent job location. In addition, the employer must pay the employee’s actual cost of travel, lodging, meals and incidentals for workdays and nonworkdays at the site. The employer is NOT required to meet GSA per diem schedules, but it must document actual expenses. If the employer can’t document actual expenses during an enforcement action, then GSA rates will apply.
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