Employers Must Document Multiple Worksites for Off-Site or ‘Roving’ H-1B Employees

Employers who place workers at multiple worksites, whether theirs or someone else’s, must include the assignment’s details to the Department of Labor (DOL) and the Citizenship & Immigration Service (CIS) on H-1B petitions. As the nation’s workforce embraces alternative work modes (e.g., remote workers, roving employees, and virtual office workers), foreign nationals who are so employed and their employer-petitioners face greater scrutiny than those petitioning for “traditional” work.

H-1B regulations require that an employer wishing to post an H-1B worker at multiple worksites must provide an itinerary that will cover the entire period of H-1B employment requested, specifying the amount of time the employee will spend at each worksite. If the employer cannot establish that a qualifying employer-employee relationship will exist during the entire period sought, USCIS may limit a petition’s validity to periods of qualifying employment established by the evidence. Therefore, it is critical that the petitioner be ready to provide a detailed work itinerary for the employee’s assignments for the duration of the proposed H-1B validity.

Jackson Lewis has a national team of expert H-1B attorneys who work with employers of all sizes to structure H-1B filings that comply with these regulations. We can assist employers with the drafting of clear itineraries and with documenting the appropriate employer-employee, controlling relationship required by CIS.