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Can an H1B holder work remotely from a home office?

New York, NY |

What happens when the company doesn't have an office in that state? Are you required to visit a physical office periodically? What kind of restrictions apply? How can my company work around those? They really want me as an employee even if it's virtually.

Attorney Answers 4

  1. Yes, you can work out of your home as long as this is explained to the USCIS.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. I agree with my colleague. USCIS has specific rules as to compliance with the H1B visa progam that requires change of job location to be provided to them on a timely basis. You should discuss this issue of visa compliance further with your employer's attorney.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

  3. Both of my colleagues have provided excellent responses to your questions. Yes, you can work remotely so long as USCIS knows about that and this arrangement is explained. Consult with your employers attorney on this issue. Good luck.

    Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at

  4. I agree with all of the above.