Does H-1B apply to global remote work?

The H-1B was designed around a specific worksite. When filing a petition, the employer declares where the professional will perform services through the Labor Condition Application (LCA), and that is the address where the U.S. government expects the work to take place. For this reason, a fully remote and global role does not fit naturally within the traditional framework of the visa.

This does not mean that remote work is prohibited under the H-1B. The key point is that the location where services are performed must be reflected in the petition and the LCA. Significant changes, such as working outside the United States for extended periods, may require adjustments to the documentation and could affect both the approval and the maintenance of status.

• The worksite is declared in the LCA and determines where services must be performed.
• Remote work within the U.S. typically depends on whether the address is covered by the petition.
• Working continuously outside the country falls outside the traditional design of the visa.

Since every work arrangement has its own specifics, it is worth reviewing the current rules with USCIS and assessing the individual situation with a specialist before accepting a remote position under the H-1B.

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Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.