Politiques en matière de travail à distance - Puis-je travailler à distance aux États-Unis avec mon visa?
Monica Zafra • August 30, 2023
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Le facteur le plus important pour travailler à distance aux États-Unis est l'obtention d'une autorisation de travail en bonne et due forme. La loi américaine sur l'immigration exige que toute personne qui gagne un revenu aux États-Unis dispose d'une autorisation de travail en bonne et due forme.
Que se passe-t-il si je gagne un revenu pour un employeur étranger alors que je suis aux États-Unis ?
Même si le travailleur travaille pour un employeur à l'étranger, le fait de travailler pendant qu'il se trouve physiquement aux États-Unis est toujours considéré comme un travail par le gouvernement américain, même si le travailleur est payé sur un compte bancaire à l'étranger. Par exemple, si un détenteur de visa B-1/B-2 se rend aux États-Unis pour le tourisme ou à des fins professionnelles spécifiques, il peut entrer aux États-Unis pour passer des vacances ou assister à des réunions ou à des événements, mais il ne peut pas travailler aux États-Unis, car le visa B-1/B-2 n'accorde pas d'autorisation de travail.
Comment puis-je travailler à distance ?
Il n'existe pas de catégorie de visa désignée pour les travailleurs à distance aux États-Unis, mais il existe des visas de non-immigrant qui sont flexibles. Les visas de travail non immigrants tels que E, L, TN, F-1, OPT, P-1 et O-1 ne sont pas soumis à des restrictions quant au lieu de travail, contrairement à d'autres visas, et il existe une certaine flexibilité en ce qui concerne le travail à distance. Par exemple, les athlètes P-1 peuvent voyager pour travailler en raison de leur profession, ou les professionnels O-1 également, mais ils doivent le faire dans les limites de leur visa.
Quels sont les travailleurs soumis à des restrictions en matière de travail à distance ?
Les travailleurs H-1B ne peuvent travailler que dans les lieux énumérés dans leur demande de parrainage H-1B. Cela est dû à l'exigence de la demande de conditions de travail (LCA) et à l'analyse des salaires en vigueur. Parfois, les travailleurs H-1B peuvent être amenés à travailler "occasionnellement à distance" à la demande de leur employeur. C'est le cas lorsque l'adresse du domicile du travailleur H-1B est proche et que le lieu de travail normal indiqué dans la LCA de l'employeur comprend l'adresse du domicile. Cette situation peut également se produire si le travailleur H-1B est amené à travailler à une distance importante du lieu de travail indiqué dans le LCA. Des demandes de modification et des frais de dépôt peuvent également être exigés.
Pour les parrainages H-1B, il peut être utile pour les employeurs d'inclure comme lieu de travail l'adresse du domicile de l'employé et le lieu de travail habituel, si cela est possible. L'USCIS a annulé deux notes directives concernant les placements sur des sites tiers et les itinéraires connexes pour les travailleurs H-1B, de sorte qu'il est plus facile d'indiquer l'adresse du domicile et le lieu de travail d'un travailleur H-1B.
Si vous avez des questions concernant ces informations, veuillez contacter nos bureaux.
Ce blog n'est pas destiné à fournir des conseils juridiques et rien ici ne doit être interprété comme établissant une relation avocat-client. Veuillez prendre rendez-vous avec un avocat spécialisé en droit de l'immigration avant d'agir sur la base de toute information lue ici.
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Monica Zafra
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In years past, spouses of certain E and L visa categories were required to apply for and receive an Employment Authorization Document in order to work in the United States. However, as the result of a settlement reached by USCIS in the class action lawsuit Shergill v. Mayorkas on November 10, 2021, USCIS now considers E and L dependent spouses to be authorized for employment incident to their status.
Each year, many people come to the United States seeking refuge from harm or persecution that they suffered in their home country. Those people apply for Asylum (Form I-589) either before USCIS or in removal proceedings before the Immigration Court.
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