The COVID-19 pandemic greatly shifted workplace environments around the world. Many companies implemented long-term remote options for their employees. Since this implementation, several questions were raised as to how U.S. visa holders would navigate this drastic change. One common question we receive is: can an H-1B, L-1 or TN visa holder work remotely for a U.S. employer? The short answer is yes! We have provided some more information regarding the H-1B, L-1 and TN visas below.
When first applying for an H-1B visa, the applicant must file a Labor Condition Application (LCA) with the United States Office of Foreign Labor Certification. LCAs are filed for employees at specific worksite locations. However, if you made the switch to a remote work location, you may not have to file a different LCA. If you work from home, and it is within the “geographical area of the intended employment,” you will not have to refile.
In other words, as long as your house is within commuting distance from the physical office listed on your LCA, a new LCA doesn’t have to be filed. If your home is located outside of the specified range, you will have to file a new LCA and H-1B amendment.
L-1 and TN Visa
There is greater flexibility with the L-1 and TN visas than the H-1B visa. The L-1 and TN visas are not governed by LCAs. This allows for a smoother worksite location shift because LCAs list specific locations the employee must work in. It is easier for an L-1 or TN visa holder to work remotely and there is no amended petition required. However, it is important to note that the U.S. companies employing L-1s or TNs must still have an office where they are conducting business from.
Please do not hesitate to contact us if you have any questions regarding your H-1B, L-1, or TN visa. We look forward to hearing from you!