Many individuals are attracted to remote employment due to the freedom and flexibility it offers. Therefore, it’s unsurprising that the prevalence of telecommuting in the United States, as well as the availability of remote and/or hybrid job opportunities from employers, has been steadily rising. In 2023, approximately 20% of the American workforce engaged in remote work at least part-time.

International students and recent graduates may be curious about if they can have remote work with an H-1B Visa in the United States. this article will outline the legal procedures for working remotely on an H-1B visa.

What is remote work?

In the United States, remote work, also known as telework or work-from-home (WFH), involves completing tasks from a location away from the traditional office setting, typically using a computer and/or phone. This location doesn’t necessarily have to be one’s residence; it could be a coffee shop or library. Remote work arrangements can range from partial to full remote, with policies varying among companies.

Remote work offers various benefits, including expanding job opportunities for job seekers. There are distinct types of remote work scenarios:

• Working remotely within the same city as your office
• Working remotely from a different city or state than your office

The type of remote work you engage in may have different implications for your H-1B status. It’s important to understand where you’ll be working concerning the employer’s address as specified in your H-1B application.

What is the H-1B visa?

The H-1B visa stands as the primary choice for international graduates aspiring to continue their stay in the United States post-college. This visa category requires sponsorship from an employer; thus, you cannot independently apply. Securing an eligible job offer is imperative, as the employer is responsible for submitting the application on your behalf. Due to the limited number of available H-1B visas, a lottery system is employed for allocation. To circumvent this lottery, consider applying for remote positions with H-1B cap-exempt employers.

For international students and alumni seeking remote employment, it’s crucial to grasp the various facets of the H-1B visa application. Following the lottery, if applicable to your employer, the initial step entails the Labor Condition Application (LCA). The LCA must accurately specify the employment location, which cannot undergo significant changes without necessitating an H-1B amendment and a subsequent LCA process.

Can I have remote Work with an H-1B Visa?

Certainly, while holding an H-1B visa, you do have the option to engage in remote work within the United States; however, it’s essential to consider specific implications. You’re not at liberty to accept any remote employment offers that come your way. Instead, you are restricted to tasks outlined in your LCA and H-1B petition. Should you desire to work from home on a full-time basis, it’s necessary to designate your home address as your workplace in the LCA. Alternatively, if you wish to pursue a part-time remote arrangement alongside in-person work, both addresses must be listed on the LCA.

Transitioning to Remote Work Within the Same City

If you’re currently employed in an on-site role and wish to transition to remote work within the same position, you’re permitted to do so, provided that your remote work location is situated in the same city or a nearby city as the employment location specified in your H-1B documents. Upon commencing work in a new location within the same city, it’s necessary to display the LCA in that new location for 10 days, in accordance with DOL regulations. Even in the transition to remote work, your employer must maintain oversight of your tasks, and there should be no alterations to your job responsibilities, working hours, compensation, or benefits. Any significant changes to your role due to the shift to remote work would necessitate an amendment to your H-1B status.

Short-Term Remote Work Outside the City

If your remote work extends beyond your work site for a short duration (60 days or less), you might not be required to submit an amendment, provided you return to the workplace listed on your H-1B documents afterward. However, to qualify for this exemption, your employer must continue covering your salary, lodging, meals, and travel expenses. This condition applies even if you’re working remotely outside the US on a short-term basis. If the duration exceeds 60 days or if your employer does not cover your travel, lodging, meals, etc., expenses, then it’s necessary to file an H-1B amendment with USCIS before commencing work in the new location.

Can I work remotely from another country with an H-1B Visa?

No, If you’re working outside the legal boundaries of the United States, you won’t need a U.S. visa or an H-1B visa. You do need an H-1B visa if you’re working in the United States, physically or remotely.

Related Post: Tips to Consider When Traveling While in H-1B Status

Is it permissible to engage in remote freelancing while holding an H-1B visa?

Due to the H-1B visa’s association with a particular employer, you are restricted from undertaking any employment beyond the role specified in your visa, including freelance work, contractual engagements, and incidental jobs. This restriction encompasses remote work, regardless of the job duration or compensation. Should you seek to pursue additional employment, the secondary employer must submit a concurrent H-1B petition. If you have previously undergone the H-1B lottery process with your primary employer, you are not required to re-enter it for your secondary position.

Instructions on submitting an H-1B amendment

Should there be a substantial alteration in your role (including working from a new location beyond the current worksite), your employer might need to update your H-1B visa through the submission of an amendment. H-1B amendments may become necessary if you are to work in a different city or state than the one listed as your employment location on the LCA. Before you commence remote work, your employer should file a new LCA and Form I-129 to ensure the legality of your visa status. Nevertheless, there is no requirement to await approval before initiating work in this new location.

Submitting a new LCA is imperative for the employer, as it allows the Department of Labor (DOL) to validate the prevailing wage and other employment conditions based on your new work site. The cost of living significantly varies among cities and regions in the US. For instance, if you were previously employed at an office in San Antonio, TX but now aim to work remotely in the same capacity from your new residence in Seattle, Washington, the prevailing wage rates may considerably differ. Additionally, in certain instances, the H-1B visa holder may need to demonstrate the existence of a designated home workspace meeting safety standards.

Conclusion 

Consulting with an immigration attorney who can offer tailored advice based on your specific situation is essential. They can help ensure that your remote work arrangement aligns with the latest immigration regulations. Furthermore, working remotely from a different state or country may carry tax implications, so it’s crucial to comprehend and adhere to tax laws in both your work location and place of residence.