Remote Work and Visa Compliance: Hidden Risks for Employers

As remote and hybrid work arrangements become standard, immigration compliance for remote employees is more important than ever. What may seem like a simple change—such as working from home—can trigger significant legal consequences under U.S. immigration law if not handled correctly.

Employers must stay vigilant when managing remote work arrangements for foreign national employees on H-1B, H-1B1, E-3, or PERM-based green card tracks. A worker's job location is not just an administrative detail—it’s a legal requirement that directly affects visa and green card eligibility.

Why Remote Work Triggers Immigration Compliance Issues

Immigration filings for employees on temporary work visas or employment-based green card tracks rely heavily on job location. Under USCIS and Department of Labor (DOL) regulations, any change to the worksite—such as shifting to a home office—can create compliance obligations, including:

• Updating the Labor Condition Application (LCA) to reflect all current work locations.

• Filing amended H-1B petitions if the new worksite is outside the original Metropolitan Statistical Area (MSA).

• Ensuring prevailing wage compliance based on the actual location of the employee.

• Posting required public notices at the new worksite or electronically, as mandated by DOL rules.

Failure to comply can result in:

• Loss or revocation of employee's work authorization

• Civil penalties or fines during DOL audits

• Increased scrutiny during USCIS or DOL site visits

• Delays or denials in future visa petitions or green card processes

Remote Work Immigration Risk Scenarios for Employers

Even well-intentioned flexibility can create legal risks. Common scenarios include:

• Employee relocates from a company office in Charlotte to work from home in another state

  ➤ If the new home office is outside the original MSA, an amended H-1B petition may be required.

  
  

• LCA lists one location, but the employee begins long-term remote work

  ➤ LCAs must reflect all work locations. A mismatch may trigger compliance failures.

  
  

• Foreign national is reassigned to a client site not listed in the original petition

  ➤ Third-party worksites require special attention under H-1B and LCA rules.

  
  

• PERM-based green card applicant is relocated, even temporarily, without proper updates

  ➤ Even short-term assignments can disrupt PERM eligibility if not properly documented.

How Employers Can Stay Compliant with Remote Work Visas

To manage risk, employers should proactively adopt internal systems to monitor compliance:

• Review worksite information before allowing long-term remote or hybrid arrangements.

• Track employee work locations, including hybrid or rotating schedules.

• Consult with immigration counsel before approving any job location change.

• Develop a written remote work policy to guide HR and managers.

• Maintain updated public access files and ensure compliance with posting requirements.

We Help Employers Stay Compliant

At Powers Immigration Law, we partner with employers to navigate the complex intersection of remote work and visa compliance. Our services include:

• I-9 and LCA Audits

• Remote work compliance reviews

• H-1B and E-3 petition amendments

• PERM-based green card strategy

• HR policy reviews and training

Need help reviewing your remote work policies? Contact us today to schedule a consultation and avoid costly compliance issues.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the laws and procedures can be complex and subject to change. Reading this blog does not create an attorney-client relationship. If you are facing an immigration issue, you should consult with a qualified immigration attorney to receive personalized legal guidance based on your specific circumstances.