Remote and hybrid work arrangements have become a normal part of many workplaces. While they provide flexibility, they also create important legal responsibilities — especially for foreign nationals working in the U.S. under visas such as H-1B, E-3, or H-1B1.
Failing to follow these rules can lead to serious immigration and labor law consequences for both the employee and the employer.
Why Location Matters for Immigration Compliance
Under U.S. Department of Labor (DOL) regulations, every location where a visa holder works must be listed on a Labor Condition Application (LCA) — even if it’s the employee’s home.
If the home address is not listed, the employer may be out of compliance. The LCA governs:
- The official “worksite” for immigration purposes
- The prevailing wage based on the worksite’s location
- Posting requirements and related obligations
Moving Without Reporting Can Cause Problems
A common compliance issue occurs when employees move — even within the same metro area — without informing their employer’s immigration team.
Within the Same Metro Area:
- A notice must be posted at the new location within 10 business days.
- The Public Access File must be updated.
Risk: Not updating can result in DOL violations and possible fines.
Outside the Original Metro Area:
- A new LCA must be filed before work begins at the new location.
- An amended H-1B petition must be submitted.
Risk: Working from an unapproved location may violate visa status and could affect future extensions or renewals.
Wage and Hour Considerations
Different worksites may have different prevailing wage requirements. Moving to a higher-cost area without updating wages can result in:
- Back pay covering the difference
- Significant financial liability for the employer
How Compliance Issues Are Discovered
Government agencies can identify location discrepancies through:
- FDNS site visits (often unannounced)
- I-9 audits and Department of Labor reviews
- Visa stamping interviews at U.S. consulates
- Address checks during USCIS processing
Example Scenario
An H-1B software engineer was approved to work in Austin, Texas. She later moved to Seattle and began working remotely without a new LCA or amended petition. During an H-1B extension filing, USCIS flagged the change, resulting in:
- Potential denial of her extension
- Status violation
- Substantial back pay owed by the employer
The problem started with a simple failure to report the address change.
Tips for Employees
- Report address changes promptly — even small moves
- Wait for confirmation before working from a new location
- Understand your visa’s requirements
Tips for Employers
- Keep a clear reporting policy for address changes
- Coordinate between HR, payroll, and immigration counsel
- Update LCAs for all current worksites, including home offices
- Train managers and staff on the importance of compliance
Final Thoughts
Remote work can be a great benefit for visa holders, but it must be managed carefully to meet U.S. immigration and labor law requirements. An address change is not just an HR update — it is an immigration event that requires immediate action.
At NPZ Law Group, we help employers and employees navigate these rules to maintain compliance and protect visa status.
FAQs
Q: Does remote work need to be reported if I’m in the same city?
A: Yes. Even moves within the same metro area require posting a notice and updating the Public Access File.
Q: Can I move to another state while on H-1B without telling my employer?
A: No. Moving outside the approved area requires a new LCA and possibly an amended petition before you start working there.
Q: Who is responsible for compliance?
A: Both the employer and the employee share responsibility for keeping worksite information accurate.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.