• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Worldwide Migration Partners Migration law specialists US Visa Application blk

Worldwide Migration Partners

Migration law specialists and your leading experts in successful E3 visa applications

  • Services
    • US Immigration Services
      • E-3 Visas
      • Green Card Applications
      • Criminal Conviction Evaluations
      • E2 Treaty Trader Visas
      • Business and Work Visas
      • Family Migration
      • Citizenship and Renunciations
    • Australian Migration Agents
      • Partner Visas
      • Work
      • Visitors Family and Other Visas
      • Skilled Visas
      • Resident or Former Residents
      • Australian Citizenship
    • US Taxation Services
    • US Business Registrations
  • Expat Guide
  • Worldwide Blog
  • About
    • Meet the Team
    • About Aloha Immigration
    • Testimonials
    • FAQs
  • Resources
    • Immigrant
      • Address Change
      • Affidavit of Support
      • Case Status Info
      • Directions to USCIS
      • DoS Visa Bulletin
      • Doctors for Medical Exam
      • Limited Purpose Driver’s License
      • Traffic Abstracts
      • Traveller Redress
      • US-Visit
      • USCIS Civics Test
      • ACLU’s Know Your Rights
    • Non-Immigrant
      • Non-Immigrant visa status check
      • Online Non-Immigrant Visa Application (DS-160)
      • I-94 Check
  • Contact Us
  • CALL US
  • Email
  • Facebook
  • YouTube

What happens to an E-3 employee that must work from home?

You are here: Home > Worldwide Migration Partners > What happens to an E-3 employee that must work from home?

2020-04-04 by Worldwide Migration Partners

What happens to an E-3 employee that must work from home?

What happens to an E-3 employee that must work from home?

With the current range of restrictions in the US due to the COVID-19 crisis, there are many questions that E-3 Australian Specialty Occupation workers may have related to their employment. One of the common concerns we are seeing from employers and employees is what happens when the employee may temporarily need to work from home during this crisis. This could be because of quarantine, office closures or limitations, restrictions on social distancing, or arrangements to voluntarily working from home.

The U.S. Department of Labor (DOL) does have guidelines as to what happens when an employee may need to work from home as it relates to the Labor Condition Application (LCA). Working from a home office has always been an option as to a potential work site for an E-3 employee. When a home office is contemplated in advance of the LCA filing, it may need to be listed as a specific worksite on the LCA.

When the home office location, which has suddenly become common due to the current pandemic, was not originally a listed worksite, you may have a practical solution to continue using the current LCA.

If the E-3 workers’ current home is within the “area of intended employment” as listed on the certified LCA, then a new LCA filing is not generally going to be required as long as there are no changes in the terms and conditions of the employment otherwise. In these situations, the employer must provide an electronic or hard-copy notice posting for 10 days to that worksite, including a home office. As well, update the Public Access File of the E-3 worker with new posting information.

Due to the current COVID-19 outbreak, the DOL has provided guidance to provide flexibility as to the notice requirement. The DOL has stated that their office “acknowledges employers affected by the COVID-19 pandemic may experience various service disruptions, the notice will be considered timely when placed as soon as practical and no later than 30 calendar days after the worker begins work at the new worksite locations.”

The importance of this guidance is that while the DOL is allowing flexibility with the regulations for E-3 employees who may need to work from home during the current health crisis, E-3 employers must act timely to comply with the LCA regulations.

If in the current situation, the employee may be moving to other worksites or temporarily leaving the US, then it will be important to discuss this situation with us before any action is taken or as quickly as possible thereafter. The above guidance may not apply to these situations.

We are happy to discuss these worksite issues with any E-3 employees or employers to develop the best strategy to handle their specific situation and worksite changes. Furthermore, we are here to help with any additional questions that employers or employees have related to questions on E-3 specialty occupation worker employment during this crisis. A range of issues may come up that require careful review and potential action, so please contact us today to schedule a consultation.

Melissa Vincenty, US immigration lawyer and founder of Worldwide Migration Partners

About The Author

Melissa Vincenty is a US attorney, an Australian migration agent and the founder and managing director of Worldwide Migration Partners. Melissa has over 20 years of experience in migration law, including practising at the world’s largest US immigration firm and more than 15 years as a Country Specialist (China and Tibet) for Amnesty International USA.

E-3 Visa Resources

  • US Immigration Services
  • E-3 FAQ
  • E-3  Visa Renewals
  • E-3 Visa Extensions and Renewal Options During COVID-19 Pandemic
  • E-3 Visa COVID-19 Considerations

More from the blog

E-3 Visa Considerations during COVID 19

Changes in Wages, Hours, Furloughs and Layoffs Due to COVID-19 for E-3 Visa Holders Many employers and employees, including those holding E-3 visas, are facing several challenging issues stemming from the COVID-19 pandemic and economic crisis, including employment changes such as furloughs and layoffs. Salary Reductions Due to COVID-19 for E-3 Visa Holders US employers […]

Read More

Filed Under: Worldwide Migration Partners Tagged With: COVID-19, COVID-19 and US Immigration, E-3 employee, E-3 Visa, E-3 Visa Sponsor, Expat Guide, Working from home

Worldwide Migration Partners Migration law specialists US Visa Application

Worldwide Migration Partners are Your Migration Law Specialists​

Get Started Today!

Australia

Sydney: (02) 9415-2359

United States

Hawaii: 808-626-5020
New York: 347-389-9955
Los Angeles: 213-349-0857
How to get a visa to work in Australia - Migration Agents
Aloha Immigration and Worldwide Migration Partners are very proud to be working together in collaboration.

Follow us.

  • Email
  • Facebook
  • YouTube

© 2023 · Grown by Poppy Seed Media
Sitemap | Terms of Service | Privacy Policy