Remote Work Policies - Can I work remotely in the United States on my visa?
Monica Zafra • June 29, 2023
The most important factor in working remotely in the United States is proper work authorization.
U.S. Immigration law requires anyone who earns income in the United States to have proper work authorization.
What if I earn income for a foreign employer while in the United States?
Even if working for an employer abroad, working while physically located in the United States is still considered work by the United States government, even if a worker is paid to a foreign bank account. For example, if a B-1/B-2 visa holder is traveling to the United States for tourism or specific business purposes, they may enter the United States to vacation or attend meetings or events, but cannot work in the United States as B-1/B-2 does not grant work authorization.
How can I work remotely?
There is no designated remote worker visa category in the United States, but there are nonimmigrant visas that are flexible. Nonimmigrant work visas such as E, L, TN, F-1, OPT, P-1, and O-1 workers do not have restrictive worksite locations the way some other visas do and there is flexibility regarding remote work. For example, P-1 athletes may travel for work due to their profession, or O-1 professionals as well, but it must be within the confines of their visa.
Which workers are restricted in remote work?
H-1B workers are restricted to work at locations listed in their H-1B sponsorship petition. This is because of the Labor Condition Application (LCA) requirement and prevailing wage analysis. At times, H-1B workers may have "occasional remote work" if their employer requested this. This would occur when the H-1B worker's home address is near and the normal worksite location on the employer's LCA includes the home address. Another instance this can occur is if the H-1B worker will work a significant distance from the LCA worksite. There are required amendment petitions and filing fees that may be required as well.
For H-1B sponsorships, it may be helpful for employers to include as worksite locations the employee's home address and the normal worksite location, if able. USCIS has rescinded two policy memoranda as to third-party site placements and related itineraries for H-1B workers, so it is easier to list an H-1B worker's home address and worksite.
If you have any questions regarding this information, please contact our offices.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
This Facebook widget is no longer supported.
Monica Zafra
Similar Posts
What is E-Verify+? E-Verify+ is the newest version of E-Verify, a system run by the U.S. Department of Homeland Security (DHS) to help employers confirm the work eligibility of their employees. Effective October 21, 2024, E-Verify+ includes new features designed to streamline the employment verification process and ensure more accurate, secure results for both employers and employees. The E-Verify system checks a person’s work eligibility by comparing information from their Form I-9 (Employment Eligibility Verification) with records from DHS and the Social Security Administration (SSA). E-Verify+ takes this process further with enhanced capabilities and updated features, which make verification faster, more reliable, and more user-friendly. What’s New in E-Verify+? Automated Work Authorization Extensions For employees who are renewing work authorization, E-Verify+ can now provide automatic updates if the renewal process is delayed. This minimizes disruptions for both employers and employees, ensuring that work authorization continues as long as the renewal is in process. Enhanced Accuracy with Biometric Verification One of the key updates in E-Verify+ is biometric verification, which uses fingerprints or other biometrics to confirm an employee’s identity more accurately. This feature is expected to reduce identity theft and improve the reliability of work authorization checks. Simplified Case Management System E-Verify+ includes an updated case management system that allows employers to resolve discrepancies and update information more efficiently. For instance, if there is a mismatch between an employee’s Form I-9 and government records, E-Verify+ will guide employers on next steps to quickly address the issue. Integration with EAD (Employment Authorization Document) Updates Employees applying for Employment Authorization Documents (EAD) will find that E-Verify+ now includes an integration feature that tracks the status of EAD renewals and provides employers with updates on pending applications. What Does This Mean for Employers? With E-Verify+, employers benefit from a more efficient and reliable employment verification process. Employers who participate in E-Verify+ are better equipped to avoid penalties for hiring unauthorized workers while also reducing administrative burdens associated with verification. The system’s enhanced automation helps streamline the hiring process, which can save time and resources for businesses. What Does This Mean for Employees? For employees, E-Verify+ provides greater security and transparency. Automated work authorization extensions can help prevent employment gaps due to delays in authorization processing, which is especially important for those relying on renewals. Additionally, the use of biometrics means employees can be assured that their personal identity is protected during verification. If you want to find out more about E-Verify or want to better understand the employment verification process, please contact one of our experienced Immigration Attorneys!
The answer is: YES! Social media influencers and content producers with a large online following can qualify for an O-1 temporary work visa or an EB-1 green card, often referred to as "talent visas" or "extraordinary ability green cards."
The answer to the question above is, depending on your circumstances, yes! USCIS has established very clear criteria for when a request to expedite a pending travel permit application can be made. These criteria include: Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to: Timely file the benefit request, or Timely respond to any requests for additional evidence; A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants. Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services. Emergencies and urgent humanitarian reasons; In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States; A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific social U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or U.S. government interests may include, but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests. Clear USCIS error. Not every circumstance that fits in one of these categories will result in expedited processing; expedite requests are discretionary, highly subjective and never guaranteed. Expedite requests are initiated by calling the USCIS contact center and providing your case Receipt Number and reasons for the request. The approximate processing time for an expedite request is 7-10 business days. When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition. After receiving the service request, the reviewing office may request additional documentation to support expedited processing. A decision on an expedite request is not an approval or a denial of the underlying benefit request. The expedite decision simply informs the requestor whether USCIS will take the benefit request out of date order and issue a decision (approval or denial) faster than the normal processing time.
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.
Choosing the right recommenders is one of the most critical steps in building a successful O-1 visa petition. The standard for this visa is a high one, you must not only be an accomplished professional within your field but among the very top cadre of your peers. Reference letters serve as the connective tissue of an O-1 petition, transforming a dry list of accolades into a compelling narrative of extraordinary achievement. While awards and press clippings prove that you did something, reference letters provide the expert testimony necessary to explain why it mattered. In the eyes of USCIS, these letters function as evidence that contextualize your work within the broader industry, offering a level of nuance and credibility beyond the objective facts of your career journey. Without them, an adjudicating officer is left to interpret complex professional milestones in a vacuum; with them, you have a panel of qualified experts certifying that you are not just competent, but extraordinary and indispensable to your field. In short, they are the "voice" of your petition, validating your status as an individual of extraordinary ability. If you are beginning the process of identifying your recommenders, here are four essential qualities you should look for in a contact. 1. High Public Visibility In the eyes of USCIS, the status of the recommender often reflects the status of the applicant. USCIS officers will scrutinize every aspect of your petition, and this includes researching your references. If a recommender is someone who is easily recognizable due to an extensive public profile, especially due to their accomplishments, it makes it easier to verify that their opinion of you as a candidate should be given more weight and taken seriously. Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." The strongest letters come from people who can speak to your work with specificity because they have worked directly with you in a professional context. You should look for contacts who know you through: An extensive personal history: Someone who has mentored you or followed your career trajectory for years, who can thus attest to your professional growth and elite trajectory over time. Direct collaboration: Someone who has worked alongside you in a professional context, and has witnessed your impact as a professional first hand because they were also directly invested in whatever project or goal you were working towards. This can also include peers you competed against, if you are an athlete. Your reference letters should describe specific instances where your skills and accomplishments shined through, or where you and your reference worked together towards meeting some goal. This level of detail comes naturally when your reference truly knows you as a professional because of a deep familiarity with your work or direct experience with you as a professional. 4. A Willingness to Advocate Zealously This is perhaps the most underrated quality in a recommender. You do not want a contact who is only willing to "confirm the facts." A letter that simply affirms facts and offers a standard affirmation of your skills and accomplishments will not convey to the officer that you are truly extraordinary. You should seek recommenders who are willing to be effusive. They should be prepared to use strong language—words like indispensable, unparalleled, world-class, and pioneer. This is a visa for exceptionally accomplished professionals, and for your references to be effective their words must convey to the officer that you are truly extraordinary. If a contact is hesitant to provide a glowing, high-energy recommendation, they may not be the right choice for this specific legal process. Final Thoughts The O-1 visa is a high bar, and your reference letters are the pillars that hold up your petition. By seeking the right qualities in your references, you can ensure that you will receive strong and impactful letters that will in turn help to maximize your chances of receiving an O-1 visa. At Santos Lloyd Law Firm, we pride ourselves on assisting our talented clients in every aspect of the O-1 visa process. If you are an exceptionally talented individual considering applying for an O-1 visa, please contact us today and we will be happy to guide you towards a successful outcome.
The U.S. Citizenship and Immigration Services (USCIS) has concluded the annual H-1B cap lottery for Fiscal Year 2027, with employers and legal representatives now able to check selection outcomes through their registration portals.
In 1948, the world came together to declare that certain rights are inherent to every human being, regardless of nationality. Chief among these is the right to safety.
The Universal Right to Seek Safety
The Universal Declaration of Human Rights (UDHR), specifically Article 14, guarantees that "everyone has the right to
