Short-term placement rules exist which allow H-1B workers to be placed in a new, unlisted area of employment without the filing of an H-1B amendment. Under the short-term placement option, an employer may temporarily move an H-1B visa worker to a new worksite that has not been listed in the certified Labor Condition Application (LCA).  This can be an important option for employers and employees alike.

In this article, our Arlington MA visa attorney will discuss the 30-60 day rule in relation to the short-term placement of H-1B workers.

Why does the short-term placement option exist?

The purpose of the regulation was to give employers the flexibility to assign H-1B employees to worksites where their services are needed quickly for a short period of time. A short-term placement is not generally considered a material change requiring the filing of an amended H-1B petition.

How can I qualify for the short-term placement option?

First, your short-term placement cannot exceed 30 workdays, consecutive or non-consecutive, within a one-year period.

Second, you must be working for the same employer.

Third, there must not be a material change to the terms and conditions of your H-1B employment. As discussed in our visa attorney’s prior H-1B Amendment posting, a material change may be a reduced salary, change to job duties, change to work schedule, or change in the primary worksite.

Fourth, an LCA must not have been filed for your new, short-term location.

Last, a strike or lockout must not be in progress at the new, short-term location.

Must I be paid the same wage at the new, short-term worksite?

Yes. You must be paid the same wage you received at your primary worksite. Your certified LCA will determine the wage you must be paid.

If I am reassigned to a short-term worksite, is my employer required to reimburse any travel costs?

Yes. Your employer must reimburse the cost of lodging, travel, food, and any incidental expenses. These expenses must be reimbursed for each day of the short-term assignment, including non-workdays.

What if I need to stay at the short-term worksite for longer than 30 days?

In some cases, employers may extend the short-term placement to 60 days. In that case, you may stay at the short-term placement for a total of 60 days in a one-year period.

How do I qualify for the 60-day short-term placement?

The short-term placement option may be extended to 60 days if your employer can show that i) you, as the H-1B worker, maintain an office or workstation at the primary worksite; ii) you spend substantial time at the primary worksite listed in the existing certified LCA; and iii) a certified LCA exists for the primary place of employment.

If the 60-day period ends but I need to stay at the new location, what do I do?

If your short-term placement lasts longer than 60 days, your employer must file an H-1B amendment petition with USCIS. You must also leave the short-term location until the H-1B amendment petition has been filed with USCIS. After the H-1B amendment petition has been filed, you may return to the short-term placement location. Depending upon the locations listed in your LCA, the short-term placement location may then become your primary work location.

My H-1B petition listed two locations. The locations were Richmond, VA and Charlotte, NC. In the upcoming weeks, I will need to go to San Antonio, TX for a project. Is an H-1B amendment needed?

If your project lasts less than 30/60 days, an amendment may not be required so long as the conditions listed above have been met. For a case specific evaluation, please contact our visa attorney.

My H-1B petition listed two locations. The locations were Portland, ME and Boston, MA. I worked in Philadelphia, PA for 30 days in 2024. In October 2024, I will need to go to Philadelphia, PA again. Can I use the 30-day or 60-day rule again?

Yes. However, since you have already spent 30 days in Philadelphia, PA this year, you must abide by the terms of the 60-day rule. For insight into how to use the 30-day or 60-day rule, please contact our visa attorney.

My short-term placement project will last about nine months. Can my employer just rotate H-1B workers at the short-term location so that the project requirements are filled without filing an amended H-1B petition for each person?

No. An employer cannot continuously rotate short-term H-1B employees at the new, short-term placement location to avoid filing H-1B amendment petitions.

Where can I learn more about the short-term placement option?

The Department of Labor regulation can be found at 20 CFR 655.735.

Short-term placement options can save you and your employer time and money. To determine if the short-term placement option is right for your case, please contact our visa attorney.