H1B Remote Work: What’s New in 2025?

H1B Remote Work Eligibility and Conditions

H1B visa holders are subject to specific conditions to be eligible for remote work. These conditions ensure that the purpose of the visa–filling roles that require specialized knowledge or skills–is maintained even in a remote setting.

One of the primary conditions is that the H1B worker must have been employed with the sponsoring employer for at least one year, allowing the employer to assess the employee’s skills and capabilities to ensure they are suited for remote work. Additionally, the position should not inherently require the employee’s physical presence onsite. Only roles that can maintain productivity and communication are suitable for a remote work arrangement.

Another critical step is obtaining approval from the USCIS for any telecommuting arrangements. This process ensures that the proposed remote work setup complies with all H1B regulations and does not jeopardize your visa status.

Under the new regulations published on Dec 17, 2024, H1B visa holders remain eligible to work remotely, but stricter requirements now apply to ensure the integrity of the H1B program. Employers must demonstrate that remote work does not undermine the “specialty occupation” nature of the job.

Key Conditions for Remote Work in 2025:

1. Job-Specific Requirements: The remote position must align closely with the specialized skills and duties outlined in the H1B petition.
2. Enhanced Employer Oversight: Employers must clearly define and supervise remote roles to ensure compliance with H1B requirements.
3. Time Restrictions for Temporary Relocations: Employees working temporarily in different locations must adhere to stricter limits on the duration of remote work without updating the LCA.

As noted in the updated rules states (original documents):

“Employers must establish that H1B positions maintain the integrity of specialty occupation requirements even in remote or hybrid work arrangements”

The Importance of the LCA

An LCA is a document employers file on behalf of an H1B visa holder, detailing job terms and ensuring fair wages and working conditions. When an employer files an LCA, they must specify the “Place of Employment” as well as any temporary or short-term work locations, with a maximum of ten locations allowed. The “Place of Employment” is defined as the primary work location and is critical for determining the prevailing wage.

In 2025, an LCA (Labor Condition Application) remains a cornerstone of H1B compliance. The updated rules reinforce the importance of accurately detailing all work locations, including remote sites, in the LCA.

Key Updates for 2025:

• Specificity: Employers must list all remote work locations in the LCA, including temporary or hybrid arrangements.
• Prevailing Wage Compliance: Employers must ensure remote workers are paid wages consistent with the location of their work, not just the employer’s headquarters.
• Increased Audits: The new rules emphasize greater oversight of LCAs, with USCIS conducting more audits to ensure location compliance.

Do You Need to File H1B Amended When Working Remotely?

Whether you need to file an amended H1B petition depends on the specific circumstances of your remote work. If you are relocating to a new work location within the same Metropolitan Statistical Area (MSA), you won’t need a new LCA. Employers are not required to file an amended H1B petition in such cases. However, the original LCA must be displayed at the new job site within the same MSA, whether you’re relocating to a new office or working from home.

Under specific conditions, you can relocate to a new work location for a short period–up to 30 days, or in some scenarios, up to 60 days without a new LCA, provided you primarily work from the original location. This arrangement does not necessitate filing an amended H1B petition. However, you must reside within the intended employment area.

On the other hand, if you are changing your workplace to a location outside the initial MSA indicated in your approved petition, your employer must file an amended petition on your behalf. Of note, you will be allowed to begin working at the new site as soon as the amended petition is filed, without having to wait for petition approval.

Simply put, whether an amended H1B petition is required depends on the new work location:

1. Within the Same MSA (Metropolitan Statistical Area):
   • No amendment is needed. However, the original LCA must be posted at the remote site.
2. Outside the Original MSA:
   • An amended petition must be filed, detailing the new worksite.
   • Employees may begin working remotely once the amended petition is filed, even before approval.

The updated rules also clarify:

“Employers must update worksite locations promptly to reflect any material changes, ensuring full compliance with visa conditions”

 

Working Remotely Outside of the United States

H1B visa holders may be able to work remotely from outside the United States, although this flexibility is subject to specific rules and limitations. For instance, if your remote work extends beyond 60 days and occurs more than 50 miles from the designated worksite–such as when working outside the United States–your employer must file a new LCA and amend the H1B petition. For shorter periods of remote work, your employer will need to demonstrate your ties to the original worksite for you to maintain your status.

Moreover, to re-enter the United States, your H1B visa must be valid, and your employer should provide documentation proving ongoing employment, detailing your job responsibilities and salary. Additionally, your tax obligations may depend on your income and the duration of your remote work. You may have tax obligations in both the United States and the country where you are performing remote work.

Working remotely from outside U.S. is possible but very tricky, additional requirements have to be met:

• LCA and Petition Adjustments: Remote work abroad for more than 60 days requires filing an updated LCA and amended H1B petition.
• Tax Implications: Employers and employees must comply with both U.S. and foreign tax laws, depending on the duration and location of remote work.
• Maintaining Visa Status: To return to the U.S., your visa must remain valid, and you must provide evidence of continued employment.

USCIS Site Visits

The 2025 rules formalize USCIS’s authority to conduct on-site inspections for H1B workers. These visits aim to verify compliance with H1B regulations, even for hybrid or fully remote roles.

What to Expect During a Site Visit:

• Verification of Employment: USCIS will review the employee’s job duties, salary, and work location.
• Employer Documentation: Employers must provide detailed records of remote arrangements, including oversight mechanisms and proof of compliance.

As highlighted in the rules:

“Site visits ensure that H1B employment arrangements meet all legal requirements, particularly for non-traditional work settings”

USCIS investigators will identify themselves with DHS-issued credentials. They will ask to speak with the petition signatory or a suitable company representative, and possibly the sponsored employee. Their questions generally probe the company’s operations, the employee’s role and qualifications, and may include requests for financial documents or specific employee information like job duties and salary. As such, complying with H1B regulations is imperative to avoid losing your status due to a USCIS site visit.

Conclusion

Remote work remains a viable option for H1B visa holders, but the new 2025 rules introduce stricter compliance requirements. Employers must update LCAs, ensure job alignment with visa conditions, and prepare for heightened USCIS oversight.

For H1B employees, understanding these updated regulations is essential to maintain status and take full advantage of remote work flexibility. Whether working within the U.S. or abroad, staying compliant with current immigration laws will help you navigate this evolving landscape successfully.

By staying informed and proactive, both H1B employees and employers can continue to leverage the benefits of remote work while meeting all legal obligations.