Should Employers Allow H-1B Workers to Post Their Own LCA Notices at Home?

When an employer is hiring a remote H-1B worker, it's common to instruct that prospective employee (or current employee if it's an H-1B extension) post their own hard copy LCA notice at home. But in a sense, this is placing a portion of the company's immigration compliance in the hands of someone who is not, and shouldn't be responsible for, the company's compliance.

The issue with asking remote H-1B employees to post their own LCA notices at home

When an H-1B worker is or will be working from home their home is listed on the LCA as a worksite and thus notice has to be provided to "affected workers" at that worksite.

But what if they get the posting process wrong? What happens then?

Does that candidate's job offer get rescinded? If it's a current employee, are they reprimanded in some way or potentially fird? Should this even be an option? Importantly, can the employer get in trouble for non-compliance? What if the mistake was made by a non-employee, i.e. a candidate?

For employers still posting hard copy LCA notices, and for law firms still recommending paper LCA notices, unless the employer is going to send someone to the worker's home, that important legal responsibility falls on the worker.

Electronic LCA compliance takes this responsibility off the employee

If there is a process by which an employer has the ability to be fully responsible for, and control, the LCA compliance, they should adopt that process. And that's where electronic LCA compliance comes in.

Electronic LCA posting allows companies with remote H-1B workers to take charge of their LCA posting and PAF process and get away from asking employees (or candidates who don't even work there yet!) to manage their own LCA compliance.

This is what LaborLess enables employers and immigration law firms to do.

With LaborLess, H-1B petitioners can electronically post LCA notices (or have their immigration law firm do it on their behalf), communicate that to their affected workers, and otherwise take responsibility for the LCA compliance process instead of tasking H-1B workers with immigration compliance.

Check out the LaborLess demo here to learn more, and please reach out to us if you have any questions about this or anything else related to electronic LCA posting and public access file management!