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H1B Amendment, LCA and prevailing wages for temoporary relocating to new location

Madison, WI |


I am a full time employee of a company in state x. I am working out of the same state x. Now, I have this family requirement where I need to relocate to state y temporarily for 6 months and work remotely out of this state y during this period. So my question is:

1) Do i need a H1 ammendment, LCA or both for the new location.
2) My current wages are less that the prevailing wages in the new state y. Will this be problem?

Please advice.


Attorney Answers 3

  1. Yes you will need an amendment and your wages will need to be equal to or in excess of the prevailing wage for that state. It is up to the employer whether to allow you to work remotely and establish guidelines so it is clear you are working under their control and direction; otherwise your employment will not be H-1B eligible.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  2. 1. Both
    2. Yes

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  3. I agree.

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