COVID-19  In-depth info for Indians in Atlanta/Georgia. Click here  
Home > Magazine > Immigration > H-1B, H-1B1 & E-3 Visas: What You Should Know

 

H-1B, H-1B1 & E-3 Visas: What You Should Know

Provided by Lalitha Alladi Email Provided by Lalitha Alladi
May 2020
H-1B, H-1B1 & E-3 Visas: What You Should Know

 The South Asian community in the U.S. has been dealt a heavy blow by the Covid-19 crisis, not least because many Indians on non-immigrant visas have been laid off or furloughed. Recovery is likely to take a while, making the situation more precarious for these workers and their families on dependent visas. Here’s a guide for employees—and employers—on the changes businesses are undergoing during this crisis in terms of work location, pay rate or hours, and employment.

Worksite Address and Posting Requirements

Many employees are currently working remotely at a site not originally listed on their Labor Condition Application (LCA). If the new remote worksite location is within the same MSA (metropolitan statistical area) of intended employment (i.e., within normal commuting distance), the employer need not file a new LCA. However, the original LCA notice must be posted according to Department of Labor (DOL) regulations. The employer may provide the notice through online posting, a direct e-mail, or a hard-copy posting at that remote location. If, however, the new remote worksite location is outside the MSA of intended employment, this is considered a “material change” to the employment. In this situation, the employer will need to file a new LCA and amend the petition.

Has the DOL made any changes during this Covid-19 crisis to help employers? Yes, during the Covid-19 emergency, DOL is allowing employers to post the notice of the filing of an LCA up to 30 calendar days after the H-1B, H-1B1 or E-3 worker begins work at the new worksite location, a provision that was not available prior to the spread of this pandemic. Posting may be placed electronically rather than physically at the job site location. Electronic notification is permissible in lieu of hard-copy posting and should be used when the Covid-19 pandemic makes it impossible for the employer to notify the workforce at that jobsite of the LCA filing. Employers may use any electronic means ordinarily used to communicate with its employees about job vacancies, including its website, electronic newsletter, intranet or e-mail.

Payment Structure

Any reduction in payment or hours is considered a “material change” for immigration purposes and will require that an employer file a new LCA and amended petition.

Termination or Furlough

Unfortunately, any termination or furlough is considered an end of the employment relationship for immigration purposes and an end of status for the employee. Termination results in certain obligations for the employer, including notification to USCIS and offering to reimburse the travel expense for the employee to return to their home country. There is also a 60-day grace period whereby the employee may either seek new employment or change his or her status. If the employer wants the H-1B employee to return to full-time status, another H-1B amendment must be filed. Yes, this can be complex! In sum, because of the mandatory salary requirements, there is no such thing as a furlough for an H-1B visa holder.

APPLICATION FINAL ACTION DATES FOR ​May  2020

 

FAMILY

India

Pakistan/Bangladesh

1st

08Jan12

08Jan12

2A

15May17

15May17

2B

01Feb13

01Feb13

3rd

08Nov06

08Nov06

4th

01Aug04

​15​Feb0​6

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

22Feb17

​01Mar18

2nd

16Apr09

Current

3rd

01July09

Current

Other

Current

Current

4th

Current

Current

5th

Current

Current1B

 


DATES FOR FILING VISA APPLICATIONS - May 2020

 

FAMILY

India

Pakistan/Bangladesh

1st

22Aug12

​22Aug12

2A

08Jan18

​08Jan18

2B

01Aug14

01Aug14

3rd

22Jun07

22Jun07

4th

15Mar05

01​Oct0​6

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

01Oct17

​01Sep18

2nd

01Jul09

Current

3rd

01​Apr10

Current

Other

01​Apr10

Current

4th

Current

Current

5th

Current

Current1B

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/20​20/visa-bulletin-for-​may-2020.html
Lalitha Alladi is a Senior Attorney at Kuck Baxter Immigration. She can be reached at (404) 816-8611. Please visit www. immigration.net for more information.

Enjoyed reading Khabar magazine? Subscribe to Khabar and get a full digital copy of this Indian-American community magazine.


  • Add to Twitter
  • Add to Facebook
  • Add to Technorati
  • Add to Slashdot
  • Add to Stumbleupon
  • Add to Furl
  • Add to Blinklist
  • Add to Delicious
  • Add to Newsvine
  • Add to Reddit
  • Add to Digg
  • Add to Fark
blog comments powered by Disqus

Back to articles

 

DIGITAL ISSUE

 Cvr-Design-(Schooling-Online-09_20)-(1)-FINAL.jpg 

 

eKhabar

Sign up for our weekly newsletter
eKhabar

Click here    

 Loan Factory_8_19_20.jpg  

Raj&Patel-CPA-Web-Banner.jpg

Krishnan Co WebBanner.jpg

Embassy-Banner-ad-v6-2.jpg

InsuranceWala-Web-Banner.gif

SERVITIX.gif

DineshMehta-CPA-Banner-0813.jpg 

SDK small banner 7-16.jpg