H1B新规下在外州WFH的话，wage是按公司地址还是WFH地址？

找到了这个问题的答案。如果一个人在多个地方工作，petition使用工资对应的最低的wage level。
.1point3acres
DHS答案的原文：
Comment: A commenter said employers may relocate an employee to temporarily work remotely in a location where average salary is low to keep wages low while increasing the H-1B wage level and the chance of being selected. The commenter suggested that the area code used
for the selection of H-1B registrations only should be the registered official address of the company, instead of anywhere where the employee will work, concluding that employers should be fined for misrepresenting work locations to take advantage of lower wages.
Response: DHS appreciates this commenter’s concern, but believes the commenter misunderstood how the new H-1B cap selection process will work and the limitations contained in the proposed rule to limit the potential for abuse or gaming of the selection process. If the H1B beneficiary will work in multiple locations or multiple positions, the registrant or petitioner must specify on the registration or petition, as applicable, the lowest corresponding OES wage level that the proffered wage will equal or exceed for the relevant SOC code in the area of
intended employment, and USCIS will rank and select based on the lowest corresponding OES wage level. DHS provides the following example for illustrative purposes only. A prospective employer intends to employ an H-1B beneficiary as a level I “Civil Engineer” position (SOC
code 17-2051) at two locations: San Francisco, California and Montgomery, Alabama. The Alabama location was specifically chosen because of that locality’s generally lower prevailing wages. The required level I prevailing wage for each area of intended employment is $77,147
per year116 and $62,858 per year,117 respectively. In this scenario, to meet the level I prevailing wage for the San Francisco area of intended employment, the minimum annual wage the prospective petitioner must offer to the beneficiary is $77,147. While an annual salary of
$77,147 would exceed the level II prevailing wage for the Montgomery, Alabama, area of intended employment,118 the prospective petitioner still must select Level I for purposes of the registration because that is the lowest corresponding OES wage level that the proffered wage will
equal or exceed for the relevant SOC code in all areas of intended employment. This rule also includes provisions authorizing USCIS to deny an H-1B petition if USCIS determines that the statements on the registration or petition were inaccurate, fraudulent or misrepresented a material
fact.119 USCIS also may deny a subsequent new or amended petition filed by the petitioner, or a related entity, on behalf of the same beneficiary, if USCIS determines that the filing of the new or amended petition is part of the petitioner’s attempt to unfairly increase the odds of selection during the registration or petition selection process, as applicable, such as by reducing the proffered wage to an amount that would be equivalent to a lower wage level than that indicated on the original petition.

信息来源:  iii. Lowest OES wage level that the proffered wage would equal or exceed when beneficiary would work in multiple locations or positions https://public-inspection.federalregister.gov/2021-00183.pdf

seanrzhao 发表于 2021-1-10 06:44
找到了这个问题的答案。如果一个人在多个地方工作，petition使用工资对应的最低的wage level。

DHS答案 ...

你好，对于这个规定的解读我感觉更像是如果一个公司有不同的office的话，然后一个员工在几个office工作过，按最低的level报。我感觉不是很像wfh的scenario吧，比如说公司在seattle，但我人在纽约，应该是按照公司所在地，而不是纽约和seattle level更低的那一个吧？

马住~不知道现在有没有答案了~