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USDOL Allows 30-Day Grace Period for Certain H-1B and E-3 Posting Requirements for Work From a New Location in the Same Metropolitan Statistical Area

20 Mar

Before an H-1B or E-3 petition for nonimmigrant worker can be filed, USDOL requires employers to provide notice to the workforce at the location of intended employment that the employer intends to file a petition to employ an H-1B or E-3 worker at that location.

Further, whenever an H-1B or E-3 worker will work at a new worksite within the same metropolitan statistical area that was not anticipated and listed in the original notice, USDOL requires the employer to post notice at the new worksite on or within 30 days before the H-1B or E-3 worker begins work at the new, unanticipated worksite.  USDOL will now permit notice within 30 days after the change takes place during the COVID-19 national emergency.

As employers look for ways to address and avoid the potential spread of COVID 19, some employers are implementing staff telecommuting from home.  U.S. DOL regulations do not specifically address whether an employee’s home office is considered a “worksite” for purposes of posting H-1B and E-3 notices.  Accordingly, in order to take steps to ensure compliance, we recommend providing notice to the employee(s) at the new worksite, even if they are working from home.  Generally speaking, the required notice may be provided to the employee(s) at the new location directly by email notification so long as all required information is included in the notice.

Foster will continue to monitor government procedural changes and other action related to COVID-19 and will provide additional updates on the immigration-related impacts of COVID-19 via our firm’s website at