H-1B Remote Work Rules and Duration: All You Need to Know

Remote work has become common in many industries, but for H-1B employees, working outside the original job location involves specific requirements. This is because the H-1B visa is linked to a specific job at a specific worksite. 

Any change in location, such as working from home or another city, can affect compliance if not properly documented and reported. Remote work without proper procedures risks visa violations and future immigration issues. 

Key Takeaways:

• When and how remote work is allowed under H-1B status, both inside and outside the United States.
• Time and location limits that determine if updates or amendments are needed.
• Necessary steps required before working remotely from abroad, including documentation and employer coordination.

H-1B Remote Work Eligibility and Conditions

The H-1B visa approval is based on job details submitted at the time of filing, including the role, wage, and where the work is performed. These terms are covered in the certified Labor Condition Application (Form ETA-9035), which is a required part of every H-1B petition.

To meet H-1B conditions, remote work must match everything that was approved in the LCA or should be updated through new filings.

Eligibility for remote work under H-1B includes the following conditions:

• The work location falls within the approved geographic area.
• Job duties, wages, and employment terms remain unchanged.
• The new worksite is already covered in the certified LCA.

Certain short-term work from a home office can qualify without an amendment if properly documented and consistent with the original job offer.

Tip: Review the certified LCA and petition details before beginning any remote assignment. Do not begin remote work unless all conditions are satisfied.

Labor Condition Application (LCA) and Location Requirements

A certified LCA covers wage requirements and location details that align with local labor standards. When an applicant works from a location not included in the LCA, even temporarily, it may cause a violation of the original petition terms.

Worksite changes are categorized by location type, impacting whether updates must be made. Employers must carefully assess whether the new location falls within the area already covered or if additional filings are needed.

Here are the location categories that may apply:

• Same worksite location: No changes are needed if work is done at the same office listed in the LCA.
• New location within the same Metropolitan Statistical Area (MSA): If it is within commuting distance and there has been no material change in job duties or salary, public notice posting is required.
• New location outside the MSA or state: May require filing a new LCA and amending the H-1B petition, especially if the wage level or job conditions change.
• Temporary off-site or remote location: May be allowed for short periods, depending on duration and purpose.

Under immigration rules, working from home is considered a separate worksite. If the employee will be working at a home location that is not near the location on the existing LCA, the employer generally must file a new LCA for the employee’s home location unless a short-term placement exception applies. The Department of Labor (DOL) Wage and hour Division (WHD) has indicated that it does not expect employees to post at their houses. If the worker will be working at HQ and at home, the employer should post at HQ. 

Note: If a change in location is expected to last more than 30 business days and is not listed in the current LCA, the employer must review it. Moving forward without verifying the impact of a new worksite can lead to non-compliance, the risk of denial on future filings, or status issues for the applicant.

When H-1B Amendments are Required for Remote Work

An H-1B amendment is a formal request submitted to U.S. Citizenship and Immigration Services (USCIS) when the terms or conditions of employment approved in the original petition are materially changed.

This amendment involves filing a new Form I-129 (Petition for a Nonimmigrant Worker) along with a certified Labor Condition Application (Form ETA-9035) that reflects the new employment details.

A material change includes any adjustment that affects the nature of the job, wage, work location, or duties. USCIS requires that these changes be reported before or when they take effect, so the new information becomes part of the official record tied to the applicant’s H-1B status.

When the work location changes outside of the geographic area of intended employment on the existing LCA, and is not included in the certified LCA already on file, it is typically considered a material change. Failure to file an amendment may lead to compliance issues or status problems for the applicant.

Common Situations That Require an H-1B Amendment for Remote Work

• The applicant will be working from a new location that is outside the Metropolitan Statistical Area (MSA) listed in the current LCA.
• The new remote location will be used for more than 30 business days and is not a temporary stopgap.
• The change results in a new prevailing wage requirement based on the geographic location of the new worksite.
• The nature of the work or the salary structure changes due to the relocation.
• The new worksite is a permanent home office that differs from the original job location in the petition.

Here are some examples that show when an H-1B amendment is typically needed:

• A data engineer moves from San Francisco (in California) to Austin (in Texas) for a permanent remote role. Since the new location is outside the approved MSA, an amendment is required.
• A project analyst works from a different state for 10 weeks. This exceeds the short-term remote work window and involves a new location, triggering the need for updated filings.
• A system architect begins working from a new client site in a different state. The employer must file an amended petition with the new LCA covering that client site.

For every amendment, a new certified LCA must be obtained for the new worksite. The public access file must also be updated, and the new LCA must be posted at the new location to meet labor compliance rules.

Steps to File an H-1B Amendment

An H-1B amendment must be filed when there is a material change in the job’s terms, including work location, title, or salary. The process requires filing updated paperwork with USCIS to reflect the new employment details.

Here are the key steps involved:

• Obtain a new Labor Condition Application (Form ETA-9035): The employer must submit this form to the Department of Labor for the new work location or job terms.
• Prepare a new Form I-129 (Petition for a Nonimmigrant Worker): This form must include updated information matching the new job conditions.
• Include supporting documents: Updated offer letter, job description, and proof of current employment must be included.
• Pay the applicable filing fee: Standard government fees apply based on the filing category.
• Submit the amendment to USCIS: The petition must be filed before the new job terms take effect.

Remote Work Within the U.S.

Remote work inside the U.S. is permitted if it meets specific rules related to distance and duration. These limits are based on federal guidelines meant to maintain the integrity of the original worksite listed in the petition.

Two conditions often apply to determine if remote work is acceptable without further filings:

• Distance Limit: The remote location must be within the same MSA of the original worksite listed in the LCA.
• Duration Limit: Remote work from that location must not exceed 60 business days in a one-year period.

These rules help ensure that temporary shifts in location do not affect labor market conditions or wage levels. Short periods of remote work may be allowed as long as the salary remains the same and the job duties do not change.

For example, here are common situations and how they are treated:

• A product manager works from a home office in the same city for two weeks. No new filing is required.
• A technical consultant works from a vacation rental 100 miles away for one month. The location falls outside the MSA of the existing LCA, so an amendment is required.
• A software developer works from another state for three months. If the location is not covered by the LCA, the employer must file a new LCA and amendment.

A short-term remote arrangement for business travel or health reasons can sometimes be allowed without changes, but it must be limited in scope. Employers should also maintain records showing that the remote period was temporary and not a material change in employment conditions.

Working Remotely from Outside the U.S. While on an H-1B

Remote work from outside the United States while under H-1B status is allowed in certain situations. However, it must be approached with caution. H-1B status is only active while physically present in the U.S.

Time spent working from abroad pauses the H-1B time count and, if not managed correctly, may create additional risks or obligations.

When is Remote Work from Outside the U.S. Allowed?

There are no restrictions on temporary remote work outside the U.S. from a U.S. immigration law standpoint. After returning from an extended period of remote work abroad, an applicant may be re-admitted to the U.S. in H-1B status if the following conditions are met:

• The H-1B petition remains valid, and the applicant continues employment with the same U.S. employer.
• The individual holds a valid H-1B visa stamp in the passport for reentry.
• No material changes are made to the job duties, salary, or terms of the original petition.

In such cases, the time spent outside the U.S. does not count against the six-year H-1B limit. That time can be requested back later by submitting a recapture extension, which uses evidence such as travel records to support the number of days abroad.

Things to Consider Before Working Remotely Abroad on an H-1B

Before starting remote work from outside the U.S., several steps should be completed:

• Confirm that the H-1B petition and visa stamp remain valid throughout the planned stay abroad. If not, a new petition and/or visa application may be required prior to re-entry.
• Receive employer approval for the arrangement, including confirmation that job duties and salary will remain unchanged when you return to the U.S.
• Maintain detailed records of travel dates, pay stubs, and offer letter or employment letter to show the job offer remains in place when returning to the U.S.
• Review foreign country tax laws to determine if income reporting or employer registration is required during the stay.
• Ensure that travel back to the U.S. can be completed before visa expiration, or plan for timely visa stamping abroad.

Note: International remote work under H-1B status must be handled carefully. While short stays abroad for personal or emergency reasons are often manageable, long-term arrangements should be reviewed from both immigration and tax perspectives.

Is Remote Freelance Work Allowed on an H-1B Visa?

Freelance or independent work is not permitted under H-1B visa rules. The visa is tied to a specific employer, job title, and location approved by U.S. Citizenship and Immigration Services (USCIS).

Work done outside the scope of the original H-1B petition, including freelance projects or side jobs, is considered unauthorized employment. Receiving payment from a third party, working on projects for other clients, or offering services independently can lead to a status violation.

The only exception is if a second H-1B petition is filed by a different employer for concurrent employment. Even in that case, the second job must meet all H-1B requirements and be approved by USCIS before starting.

Working for clients or companies not listed in the approved petition, even on a freelance basis, is not allowed and may impact future immigration filings or visa renewals.

Get Expert H-1B Support with Alma for Remote Work Compliance

H-1B remote work rules often require specialized knowledge. Professional support ensures compliance while maximizing flexibility for both employers and visa holders.

At Alma, our expert legal advisors guide you through every step and handle the complexities of H-1B remote work regulations easily. We assist with remote work H-1B compliance by providing:

• Expert guidance from attorneys who stay current with evolving remote work regulations and case decisions.
• Two-week turnaround time for document processing, ensuring your petitions and amendments move forward quickly when location changes require new filings.
• Best-in-class approval rates backed by our legal team's deep expertise in H-1B visa-related policies.
• Personalized attention tailored to each unique case, recognizing that every remote work situation involves different circumstances and requirements.

Have questions about H-1B compliance for remote work? Schedule a free consultation with Alma today.

Final Thoughts

Remote work has fundamentally changed how many H-1B professionals perform their jobs. As workplace models continue to evolve, staying updated about H-1B compliance requirements becomes increasingly important.

Proactive planning and proper documentation create the foundation for successful remote work arrangements that benefit both employers and visa holders. Alma simplifies the process by guiding you through each step, from assessing your specific situation to preparing any needed filings.

Let Alma be your partner on the path to achieving your immigration goals while maintaining workplace flexibility. Ready to get started? Schedule a free consultation today. 

FAQs

Does remote work affect future H-1B visa stamping?

Extended remote work, especially from abroad, may lead to additional questions during visa stamping. Applicants should carry proof of continuous employment and valid pay stubs when attending consular interviews.

Can an H-1B applicant take unpaid leave while abroad?

Unpaid leave may be allowed if it is consistent with company policy and not indefinite. Documentation must show that the leave is voluntary and not due to a lack of work.

Is H-1B portability affected by remote work?

Remote work does not stop H-1B portability between employers if all conditions are met. However, the new employer must assess location requirements and file updated documents if necessary.

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