What ‘Place of Employment’ Means for H-1B Workers

If you’re working in the U.S. on an H-1B visa—or planning to—terms like LCA (Labor Condition Application), prevailing wage, and worksite compliance have probably come up. One especially important concept is the “place of employment.”

While it may sound simple, this term carries legal weight and can directly affect:

• Where you’re allowed to work
• How much you're paid
• Whether your employer is staying compliant with federal regulations

In this guide, we break down what “place of employment” really means under the H-1B visa program and why it matters for your rights and job stability.

What Is Considered a “Place of Employment”?

In the context of the H-1B visa program, your “place of employment” refers to the specific physical location where you perform your job, not just a company’s headquarters or mailing address.

This location matters because your employer must submit a Labor Condition Application (LCA) that corresponds to the exact geographic area where you’ll be working. That LCA isn’t just a formality—it ensures compliance with key requirements, including:

• Prevailing wage rates for the local job market
• Worksite notices to inform other workers of the LCA terms
• Strike and lockout disclosures, where applicable

If you’re moved to a different job site or temporarily assigned elsewhere, that could trigger additional LCA obligations, which we’ll explain in the next section.

Do Employers Need a New LCA for Every Worksite?

In most cases, yes. If your employer wants to send you to work at a different location, they typically need to have a separate, approved LCA for that new worksite.

However, there are limited exceptions, mainly for temporary travel or short-term assignments, as long as specific conditions are met.

Here are a few examples where a new LCA might not be required:

Short-Term Work Trips

If you're traveling briefly to meet with a client or attend training, a new LCA may not be necessary, provided the assignment is temporary and short in duration.  

Developmental Activities

Attending professional seminars, conferences, or skill-building events typically doesn’t require a new LCA, as long as the travel isn’t part of a permanent relocation.

Temporary Job Functions

If you're sent to another location for a short task directly related to your current job—and not to fill a vacant or long-term position—it may fall under the exemption.

To rely on an existing LCA for these short-term assignments, the employer must meet three basic conditions:

• The assignment must not exceed five consecutive workdays (if travel is frequent) or 10 workdays (if travel is rare).
• You cannot be sent to a worksite with a strike or lockout.
• The short-term task must align with the normal duties of your job.

What Is a “Geographic Area of Intended Employment”?

This term refers to the area within normal commuting distance of your job site. It isn’t strictly based on city or county lines; it’s defined by how far someone could reasonably travel for a daily commute.

If your new worksite is within that same commuting zone, your employer typically does not need to file a new LCA. However, they are still required to:

• Post a notice of the existing LCA at the new site, and
• Comply with all strike or lockout restrictions as usual.

Can Employers Bend the Rules on Location?

No—they can’t legally misrepresent your job location. The Department of Labor monitors for signs of manipulation or misrepresentation.

For example, if your LCA lists one city but you regularly work in another, and a valid LCA doesn’t cover that second location, that’s a potential compliance violation.

Employers must accurately disclose where H-1B employees will work. Listing a lower-wage area to reduce labor costs or avoid filing a proper LCA is not just unethical—it’s illegal.

Why “Place of Employment” Matters for H-1B Workers

Your job location isn’t just a technical detail—it directly impacts your wages, legal protections, and visa status.

If you're working outside the location listed on your LCA, your employer may be violating federal labor and immigration laws. That could put both your pay and your legal standing at risk.

For example, if your employer files an LCA based on a lower-wage area but assigns you to a higher-cost region, they may be underpaying you, knowingly or not.

Unless your assignment qualifies for a short-term exemption, your employer must file a valid LCA for every place of employment.

Bottom Line

If you’re unsure whether a valid LCA covers your current worksite, or if you suspect you’re being underpaid, it’s okay to ask questions. You have the right to know where you’re legally allowed to work and how much you should be paid.

Disclaimer: This information is based on fact sheets that DOL provides.

Got More Questions? Ask Morgan & Morgan

At Morgan & Morgan, we believe workers should never worry about whether their employer is doing the right thing. If you think your rights as an H-1B employee have been violated, you don’t have to deal with it alone. Contact us for a free, confidential conversation about your options. We might be able to help.