View Full Version : LCA for WFH

09-17-2013, 01:47 PM
My LCA was filed for NY where we have client office. I was supposed to go there for 2 weeks and leave for my home in CA after that, to start WFH. (Client doesn't have office at my home location)

Now, immigration department of our company is saying that they will not do DUAL LCA. They are stopping this because of USCIS audits.

Is it not allowed that if we stay in US and do WFH? As per my understanding we are in US and working should be permitted as client allows us to do WFH.

Please Advise.

09-17-2013, 02:37 PM
The lawyer is correct. You cannot do immigration with WFH. There are audits more now. It defeats the purpose of LCA if someone does WFH because if it is allowed, then employer must advertise in all 50 states and allow anyone to work from home. The ad should be such. But your ad may not be such and thus it amounts to fraud for not finding US citizens in your position in good faith. Things have changed and become strict. You should find a new employer immediately so that you can work on site.