The H-1B employee is keeping a long-lasting Place of work or workstation with the get the job done site indicated within the LCA;
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In the event the H-1B worker’s non permanent placement at an alternate worksite won't fall into any of your “non-worksite” groups previously mentioned, the H-1B employer may still be excused from filing a whole new LCA If your transfer qualifies as a short-expression placement.
The H-1B employer is not going to layoff any likewise employed U.S. worker ninety times just before or soon after making use of for H-1B status, or an H1B extension of position for almost any H-1B worker;
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As Section of the H-1B petition, H-1B sponsoring providers need to file and receive a certified Labor Affliction Application (LCA) within the DOL. By publishing an LCA, the H-1B employer is attesting on the DOL that the following circumstances are going to be achieved:
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Placing any H-1B staff at a piece site where by You will find a strike, lockout, or stoppage of work in the occupational classification.
In addition, the H-1B employer is barred from accepting reimbursement from an H-1B worker for expenditures connected to making use of for your H-1B visa and, Furthermore, may not demand an H-1B employee to pay a financial penalty for leaving previous to an arranged date.
The DOL considers the next types to get “non-worksites” and, hence, won't demand the filing of a new LCA, if:
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