Remote work does not remove immigration rules, it moves them to your home address. For many visa holders, the physical location where work is done is part of what the government approved, so a move or a switch to working from home can trigger a filing.
H-1B: the worksite is part of the approval
An Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary petition is supported by a Labor Condition Application (LCA)A Department of Labor form, ETA-9035, that an employer files before petitioning for an H-1B, H-1B1 or E-3 worker. In it the employer attests to standards on wages, working conditions, labor disputes and notice to workers. A certified LCA is then used to support the petition filed with USCIS.See it in the glossary that lists the worksite and the wage for that area. The Labor Department’s definition of the area of intended employment is based on normal commuting distance. If an H-1B worker moves to a worksite outside that area, the employer generally needs a new LCA and may need to file an amended petition for a material change, under the H-1B regulations. A move within the same area may still require posting notice at the new worksite under the notice rules.
A home office counts as a worksite
When an employee works at home, the home is generally a place of employment for LCA purposes. That is why “we are all remote now” does not answer the compliance question. An employer should check whether the home is inside the existing LCA area before allowing the change.
F-1 and OPT reporting
Students on Optional Practical Training (OPT)Temporary work authorization that lets eligible F-1 students work in a job directly related to their field of study. It can be used before or after completing a program, for up to 12 months in total at each education level, and students with certain STEM degrees can apply for a 24-month extension. USCIS grants it on Form I-765 after the school's designated school official recommends it.See it in the glossary must report job and address changes through their school or the SEVP portal. STEM OPT students have training plans that describe the worksite. A remote arrangement should be reported, and it should still match the training plan.
Working from abroad is a different question
Working for a U.S. employer from another country raises tax, wage and status questions that are separate from working remotely inside the United States. A worker planning to leave should get advice before relocating, since time abroad and the terms of the approval both matter.
Questions to ask before you move
- Is the new address inside the area listed on the LCA?
- Does the employer need a new LCA or an amended petition?
- Do I need to report the change to my school or agency?
Our overview of the H-1B visa describes the baseline, and the job-change guide covers switching employers.