LCA Compliance for Remote Employees: Three Gaps That Still Catch HR Off Guard

Emily McIntosh
5 days ago
2 min read

You’ve managed immigration before. You know what matters. But now you’re leading more and holding less. And that’s exactly when the real risk of LCA compliance for remote employees creeps in.

Four concerned office workers gather around two laptops in a warm, orange-toned workspace. One woman gestures while speaking, a man in a yellow sweater looks uncertain, and two other colleagues watch closely, one holding a tablet. The background includes a large plant, framed certificate, wall clock, and window with a view of the sky.

The New Reality: You Know What to Watch For, You Just Don’t Have Time to Catch It

Hybrid work didn’t change the fundamentals of LCA compliance, but it definitely changed the visibility.

You’re not in the weeds like you used to be, and that’s not a bad thing. It just means you’re relying on systems and teammates to catch the early signs. And when they don’t, risk builds quietly.

What Slips Through: Three Hidden Risks in the Remote Work Era

1. The Work Address on the LCA Doesn’t Match Reality

The LCA isn’t just a form. It’s a legal commitment to the Department of Labor. And it applies to more than just H-1Bs.

Visas that require an LCA include:

H-1B
E-3
H-1B1

If a foreign national is working from a location that isn’t listed, even for a few days, it could trigger an audit, a required amendment, or, in some cases, a Notice of Intent to Revoke.

The most common miss? Someone switches to “remote-first” or temporarily moves to another city, and no one thinks to check if the new location is covered.

A general remote work policy won’t protect you. LCAs are location-specific. Even a short-term move can create a compliance issue.

2. Visa Dependencies Don’t Sync with Your HRIS

Your HRIS might flag expiration dates or work authorization types, but it probably doesn’t track LCA terms, amendment triggers, or location-based green card steps.

So when someone gets promoted, changes teams, or updates their address, there’s usually no automated flag. You find out when it’s already a problem or when legal brings it up during a case review.

3. No One Really Owns It Anymore

The systems are distributed. So is the work. And when that happens, it’s easy for something like LCA compliance to fall through the cracks.

Someone updates their address with IT. Someone else tells their manager. Maybe payroll hears about it too. But unless someone is directly responsible for flagging immigration risk, nothing happens.

By the time it surfaces, it is not a quick fix. It is an RFE or a disruption in the middle of a green card process.

A Smarter Way to Keep LCA Compliance for Remote Employees Without More Work

You don’t need a refresher on how LCAs work. You need something that catches issues before they turn into fire drills.

That’s where WayLit comes in. We help HR teams:

Track LCA locations and expiration timelines automatically
Flag visa types tied to LCA requirements
Alert you if an employee’s move creates a compliance issue
Generate audit-ready reports with zero extra lift

This isn’t about another tool to log into. It is about giving you the oversight you used to have time for, without needing to do it all yourself.

Disclaimer:

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.