Article Summary

An H-1B visa holder reported a worksite violation allegation after a one-day visit to a company office outside their approved LCA location. Despite prior management approval and personal payment for the trip, the company's immigration team flagged the visit, causing frustration for the employee. The incident has led to an online discussion about H-1B short-term travel rules and the need for legal counsel.

TNP AI: Key Insights

This incident spotlights the often-misunderstood complexities of H-1B worksite compliance, even for brief business travel. While LCAs (Labor Condition Applications) specify approved work locations, the Department of Labor's regulations do include provisions for short-term placements, typically allowing H-1B workers to perform duties at non-LCA sites for up to 30 or 60 days under specific conditions, illustrating a critical 'gray area' for visa holders and employers.

For H-1B visa holders, this underscores the necessity of proactive communication with both their employer's immigration counsel and potentially independent legal advice to navigate ambiguous situations, as company immigration teams often err on the side of caution. Employers, especially those in the tech sector with flexible work models, must ensure their internal policies and immigration guidance are consistent and clearly communicate the nuances of LCA compliance for business travel, preventing situations where employees are inadvertently placed at risk.