Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
LCA - Posting at home office for H-1B and E-3 employees

With many places still under stay-at-home orders, it's time to post LCAs (Labor Condition Applications) at each H-1B or E-3 employee's home address as long as the home address is within normal commuting distance from the work address listed in the LCA. LCAs pertain only to H-1B and E-3 employees and so only those employees need to post at their homes.
If you have any employees working from an address that is not within commuting distance to the work address listed on the LCA (e.g. an out-of-state residence), please contact us. We will need to file amended H-1B petitions for these individuals if they will continue to work somewhere outside of commuting distance.
This client alert will provide your employees with the requisite instructions to post the LCA at their home. Please forward this alert to all of your H-1B and E-3 employees working under stay-at-home orders.
Employee instructions for posting LCAs at home:  
  1. If there is an approved H-1B or E-3 on your behalf, you should already have been provided with a complete copy of the most recent petition filed on your behalf when you were provided with the approval notice. This pertains to your most recent approval for your current status, not any prior approvals. Some of you may have received a printed copy of the petition, while others may have received an emailed PDF of the petition. If you have not received either, please contact the HR representative for your employer who should be able to provide you with this.

    However, if the H-1B petition on your behalf was approved on or after March 16, 2020, please contact our office to obtain a copy of the certified LCA on your behalf as we may not have been able to send your employer the approval and a copy of the petition yet.

  2. The LCA is typically a 6-7 page document on Form ETA-9035/9035e. The form number appears in the lower, left corner of the LCA Please make 2 copies of all pages of this form as you will be posting it at two locations within your residence. Put each set of pages in order and staple in the upper, left corner. Only the first page needs to be visible when posted.

  3. Post one copy on the inside of the front door of your residence and the other on your refrigerator. If it is not feasible to post in one or both of these locations, you may select other locations at your residence. Remember, these are posted inside your residence - only you and individuals residing at the same residence will be able to see them.

  4. Take photos of both postings on the date that you post them using the Date Stamp feature on your camera phone. It should be clear from the photos that they have been posted somewhere so the photos should also show at least a little of the surface on which they are posted.

  5. Linked to this client alert is a Word file called "LCA Posting Notice - Home Office." Please save this locally.

  6. Complete the LCA Posting Notice as follows:
    1. Enter the employer name as it appears on the LCA. This is the company that pays you.
    2. Enter the job title as it appears on the LCA.
    3. Enter your name.
    4. Enter the home address at which you are working. This should be the complete address including city, state and zip code. No P.O. boxes, please.
    5. Enter the date that the LCAs were first posted.
    6. The posting notice is pre-filled with the two locations that we recommend, but you may change these if you cannot post at one or both of the locations listed.
    7. The LCAs will need to be posted for 10 consecutive business days. Determine what the 10th day will be. While it shouldn't matter as you are working from home, you should not count weekends or public holidays when calculating the 10th day. Enter the end date in the LCA Posting Notice.
    8. Once the 10th date of the postings has been reached,take photos of both postings on the date that you will remove the postings using the Date Stamp feature on your camera phone. You do not need to wait until the end of day to remove the postings. You can remove the postings anytime on the 10th day.
    9. Enter the date and your name at the bottom of the LCA Posting Notice form, print and sign where indicated.
    10. When business operations return to normal, please provide your HR representative with the following, which your employer will place in your Public Access File as evidence that the LCA was posted at your home address during the stay-at-home order:

      1. Both printed LCAs that were posted at your home address.
      2. Completed and signed LCA Posting Notice.
      3. Photos from first and last date of posting with date stamps.
      4. If you have questions or concerns, please contact our office. Thank you and stay safe.
This client alert is being sent only to company representatives.  You will need to forward it to your H-1B and E-3 employees who are working from home.

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If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.




Leila Freijy
Law Office of Leila Freijy PLLC