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    IMMIGRATION                                                               MAY 01, 2026     |  The Indian Eye 36

                                   H-1B Enforcement

                           While Working Abroad:

                         Why Are CBP Officers in

              Abu Dhabi Scrutinizing LCAs?

            BY CYRUS D. MEHTA AND      ciaries who had been outside   around H-1B employment   of H-1B travelers transiting   dividual seeks re-admission
                                       the United States were asked   in the U.S., which makes   Abu Dhabi’s U.S. preclear-  in  H-1B  classification  and
            KAITLYN BOX*
                                       questions about whether the   CBP’s apparent focus on   ance facility, especially on   CBP or USCIS evaluates
                                       conditions described in the   foreign  remote-work  pat-  Etihad  flights,  where  indi-  whether they have complied
                  ecently, reports have   Labor Conditions Applica-  terns somewhat unusual   viduals who have worked    with, or will comply with, the
                  surfaced  of  issues
            Rwith U.S. Customs         tion (LCA) had been com-    from a traditional LCA-en-  remotely abroad for 2+    terms of the approved peti-
                                                                                                                         tion and LCA.
                                                                                              months are facing intensive
                                       plied with while they were
                                                                   forcement perspective.
            and   Border    Protection  working abroad. The LCA        The American Immi-     questioning  and,  in  some     The situation in Abu
            (CBP) Preclearance in Abu   framework and DOL’s pro-   gration Lawyers Association   cases,  visa revocation” in a   Dhabi  raises  interesting
            Dhabi – namely, that benefi-
                                       tective  purpose  are  defined   solicited  examples of these   recent LinkedIn post.   questions,  however,  regard-
                                                                      problems   in  March       Although it is hoped    ing the extent to which ac-
                                                                      2026, and an article    that these reports are aber-  tivities abroad can impact
                                                                      from the American Ba-   rations that CBP will prevent   an employer’s LCA compli-
                                                                      zaar, despite misstating   from recurring in future,   ance.
                                                                      some  information,  re-  these reports are troubling.   INA 212(n)(2)(C)(vii)
                                                                      counts the plight of an   The conditions stated on an   specifies  that  an  employer
                                                                      individual who passed   LCA, such as a beneficiary’s   must continue to pay a full-
                                                                      through Abu Dhabi pre-  salary and worksite, are typ-  time H-1B worker the wages
                                                                      clearance and informed   ically construed  as applying   indicated in the LCA even
                                                                      officers  that  “she  had   only to employment within   during a period of “nonpro-
                                                                      remained in India for   the U.S., as U.S. immigra-  ductive period”, if the non-
                                                                      close to two months and   tion laws cannot generally   productive status is “due to
                                                                      had worked part time    regulate employment that   a decision by the employer
                                                                      during that period while   takes place abroad.     (based on factors such as
                                                                      using her Paid Time                                lack of work)”. This provi-
                                                                      Off   (PTO)…Officers    Because H-1B is a U.S.     sion prohibits “benching”,
                                                                      allegedly  determined                              or a scenario in which an
                                                                      that she had spent too  admission/status clas-     employer stops paying the
                                                                      long outside the United   sification, a foreign na-  required wages to an H-1B
                                                                      States and questioned                              worker during periods in
                                                                      the fact that she contin-  tional who is physically  which business is slow and
                                                                      ued to receive pay from   outside the U.S. is not   there  is  insufficient  work
                         m of                                         her U.S. employer while                            for the individual. Given the
              CYRUS D. MEHTA & PARTNERS PLLC                          working remotely from  ‘in’ H-1B status during  types of questions allegedly
                                                                      India. Her visa stamp                              being  raised  by  officers  at
                                                                                                 that time and, as such,

                 was  reportedly  marked           Abu Dhabi preclearance,
                                                                      ‘Cancelled and With-    is not required to hold  the Department of Labor

                                drawn,’ and she was                    could  hypothetically  find

                                     H-1B status to perform

                                                                       told she would need to     that an employer had en-
                                                                      apply again.” Gnana-    services while abroad for  gaged in “benching” and
                                                                      mookan Senthurjothi, a   a U.S. employer.          hold the company liable
                                                                      U.S. immigration law-                              for back wages if it had not
                                                                      yer, reported instances                            terminated an employee’s
              2              6th Floor                                                           The immigration conse-

                    of “ increased scrutiny   quences arise when that in-  H-1B  employment  in  the

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