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 USCIS has rescinded two policy memoranda as to third-party site placements and related itineraries for H-1B workers, so it is easier to list an H-1B worker's home address and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.
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Monica Zafra
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