How to Handle LCA Posting for H-1B Workers Who Aren't in the U.S.? Electronic LCA Posting.

The H-1B visa process is already complex enough, but when you're hiring a new employee who’s currently abroad—let's say someone still in India and planning to work remotely—it brings a whole new layer of challenges. Unlike those already in the U.S. on an F-1 visa or another temporary status, where they’re transitioning within a framework, a brand-new H-1B hire hasn’t yet stepped foot into the U.S. workforce.

Yet, despite not being an employee yet, they suddenly find themselves tied up in compliance requirements before they even start their job. One of these critical obligations is the Labor Condition Application (LCA) posting.

Remote Work and H-1B Compliance

Remote work itself isn’t usually an issue from an H-1B standpoint. The standard procedure is for the employee to list their home office on the LCA, and the company posts the required LCA notice both at the company's office and the employee’s remote worksite.

For companies that still rely on hard copy LCA postings, it’s common to simply ask the employee to print and post the notice at their home office—although this practice can seem outdated and cumbersome.

But What If the Employee Isn’t There Yet?

This situation becomes more complicated when the H-1B beneficiary is not yet physically present in the U.S. and doesn’t have an established home office. What happens if they haven’t secured a remote work location or an apartment? How can the company comply with LCA posting requirements when there’s no actual physical worksite to post the notice?

Understanding LCA Posting Regulations

To fully appreciate the importance of LCA compliance, it’s essential to understand the regulatory framework under which it operates. According to 20 CFR § 655.734, employers are required to provide notice of the LCA filing to their employees either by physically posting the LCA at two conspicuous locations at the employee's worksite or by using an electronic means of posting.

The LCA is essentially a safeguard, ensuring that the hiring of an H-1B worker doesn’t adversely affect the wages or working conditions of U.S. workers. By posting the LCA, the employer makes the working conditions transparent for both the new H-1B hire and the existing workforce.

The regulations permit electronic LCA posting as an alternative to physical posting. This allows for notices to be published via company intranets, email distribution, or another electronic system that reaches all potentially affected employees. This modernizes the process, especially when remote workers are involved, and becomes essential in situations where a hard copy posting isn't practical.

Solving the Challenge with Electronic Posting

If you’re grappling with the dilemma of posting LCA notices for an employee who hasn’t even arrived in the U.S. yet, you're not alone. However, the solution to this challenge is clear: electronic LCA posting.

With electronic LCA posting, the notice is posted in a virtual location accessible to all affected workers. This not only ensures compliance with the LCA posting regulations but also addresses the logistical issues of remote work. The flexibility of electronic posting allows employers to manage their LCA obligations more easily in today’s increasingly global and remote work environment.

Why Electronic Posting is the Solution

Electronic LCA posting not only simplifies the process but also enables in-house immigration professionals at the employer—or their immigration law firm—to post LCA notices electronically. Employers can easily list the individual's future home address (or at least the location of their home office) on a dedicated electronic LCA posting bulletin, ensuring full compliance with regulatory requirements. This way, even if the H-1B worker hasn't arrived or secured housing yet, the company can still comply with LCA posting obligations.

LaborLess empowers companies to post electronic LCA notices and create and manage electronic Public Access Files (PAFs) all in one central location. For immigration law firms that use LaborLess, they can handle the entire LCA posting process on behalf of their clients, taking the compliance burden off the employer's plate entirely.

If your law firm or company hires H-1B visa holders and wants to streamline the entire LCA posting and PAF management process, reach out to LaborLess at www.laborless.io. Start using the best electronic LCA posting platform on the market today!