If you are the start-up owner and decided to open the business in the owner/CEO’s basement it’s essential to understand the rules. Here’s your guide to ensuring compliance and setting up a legitimate home office.
1. Know Your Local Laws First
Before anything else, check state and local regulations. Is a home office allowed in your residential area? Many local areas will frown upon this idea. Consulting with a local legal expert can save you from potential headaches down the line.
2. Create a Dedicated Office Space
A bona fide employer should have a defined workspace. Designate a part of the home for office use, complete with appropriate furniture and create a professional environment. Be prepared to provide photos, and explain the arraignment, if you face an RFE.
3. Understanding Employee Locations
If the LCA listed the owner’s home as the place of work and employees reporting to the CEO’s that’s their official workplace. If employees are working from their own home, employees’ address become the place of work in this situation employee should be lived withing the same MSA. If the employee lives in outside of the MSA, the employer needs to file a new LCA including employees home address and an amended petition
4. Hybrid Work Arrangements
If employees split their time between the CEO’s home and their own, both addresses need to be listed as their places of work on the LCA, if employee lives outside of the MSA where the employer lives.
By staying compliant and organized, you can effectively manage your H-1B workforce, even from the comfort of a home office!