Letter from Editor-in-chief

• Citation: Vol. 5 No. 1
• Publication year: 2023

Letter from Editor-in-Chief

[Page 5]

The AILA Law Journal brings together diverse viewpoints through high-quality articles that have both academic and practical value. The articles in this spring 2023 issue are cutting edge as they all explore new frontiers and developments in immigration law and policy.

We are pleased to feature two articles that will be useful to business immigration practitioners who represent remote workers. William Stock's "Getting 'Worksite' Right for Home Office-Based H-1B and LCA Compliance: Solving the Problem of the Employee-Initiated Transfer of Location" discusses the unique and yet to be resolved challenges of ensuring compliance when H-1B workers work out of their homes. The current "worksite" interpretation includes the worker's home and places the burden on employers to comply as if the home is akin to an office. The article reviews the regulatory basis for these requirements, relevant decisions of the Administrative Appeals Office, and proposes a path forward better aligned with the way remote workforces are treated under other regulatory schemas. Excluding the home as a worksite would make it far simpler for employers who would not need to file amendments each time a worker moves from one location to another as well as comply with different prevailing wages applicable to each home location and the need to comply with postings at the worker's home.

Further complicating the process is when the employer must file a labor certification on behalf of the same remote worker who is in H-1B status...