OISS would like to notify UCSB's international employees of some instructions/considerations with regard to maintaining your H-1B status and UCSB's compliance with H-1B regulations, given the extenuating circumstances around COVID-19 and many UCSB employees' remote work situations. If you currently hold an H-1B visa, please consider the following:
- If you are still working in your usual UCSB site of employment, you do not need to take any action related to your H-1B visa status.
- If you are currently outside the US, you do not need to take any action related to your H-1B visa status.
- H-1B regulations do allow for remote work, within commuting distance of the employer. An H-1B amendment petition does not need to be filed, but the remote employment requires a new posting of the Labor Condition Application (LCA) notice to reflect the remote place of employment. The new posting should be completed within 60 days of the transition to a remote work site.
- LCA (Non-Postdoc): If you have transitioned to working remotely, and you are NOT a Postdoctoral Scholar, this LCA notice should be completed and posted in your home/office where you are now working. Include your title, salary, H-1B dates of employment (the dates on your current H-1B approval notice). Once the posting period has ended, the notice can be taken down and the bottom portion completed and scanned to longtermvisa@sa.ucsb.edu and to your department payroll person so that a copy may be retained for your department file.
- LCA (Post-doc): If you have transitioned to working remotely and you are a Postdoc, please complete this LCA notice and scan a copy to longtermvisa@sa.ucsb.edu and to your department payroll person so that a copy may be retained for your department file.
- H-1B workers who are working in remote locations that are outside of normal commuting distance would be limited to 60 days in this remote location before UCSB would need to file a new I-129 petition amendment, starting with the filing of a new Labor Condition Application. The short-term placement guidance would be followed with documentation placed in the department file.
- H-1B workers who have a change in their work site location longer than the permitted 60 days or those that have any material changes in position duties are required to file a new Labor Condition Application with Department of Labor and file an amendment to the I-129 petition with USCIS.
Immigration Updates to be aware of:
- USCIS field offices have closed for appointments, but USCIS adjudication centers remain functional, so currently, H-1B and other immigration applications may be filed with USCIS.
- Premium Processing Suspended: Please note, if you are- or will be- requesting an H-1B visa or H-1B extension, USCIS has suspended premium processing service until further notice. If your H-1B will be requiring an extension, please allow as much lead time as possible for this request, as regular processing may take 6-12 months.
- The US Department of State has closed US consulate/embassies for appointments, so if you plan to apply for an H-1B entry visa, please be aware that appointments will not be available until consulates/embassies re-open. Please check with your local consulate/embassy for further information.