The COVID-19 Pandemic has had a great impact on employment in the United States, and especially on H-1B employment. Two years later, there is still confusion regarding labor conditional application (LCA) posting requirements in the era of increasing options to work from home. Unfortunately, the Department of Labor (DOL) has yet to issue direct guidance on this issue. However, we take the position that posting in your home is not required, given that the DOL itself has stated that it “does not expect employees to post at their houses.” The posting notice requirements are fulfilled if 1) the employer provides electronic notice to its employees or 2) the employee is given direct notice of the LCA (i.e. receiving a complete copy of the LCA). LCA notice is required only to the company’s employees that are employed in a relevant occupational classification, working at the same worksite as the H-1B employee. If you do not live in the same home as another employee that works for the same company as you and in the same occupational classification as you, direct notice is typically sufficient and it is not necessary to post the LCA notice in two conspicuous locations within your home.
We acknowledge, however, that there are others who nevertheless recommend asking employees to post the notices at home. If you have any questions about your posting notice requirements, please contact one of our attorneys.