Attention H-1B Holders: Working Remotely from India on an H1B Visa - Not Permitted
It may come as a surprise, but it is not permissible to work remotely from India while on a U.S. payroll under an H1B visa.
Here's the crucial point to note:
- Working in a location other than what is specified in the Labor Condition Application (LCA) is not allowed, except for a maximum of 30 days per year. Any change in location mandates an amendment to the H-1B visa.
- An LCA approval for India does not exist. Your LCA must designate a worksite within the U.S.
If you are engaging in remote work from India, you are in violation of compliance regulations.
There have been increasing reports of individuals being stopped at airports and being sent back for working from India without proper authorization.
What you need to know:
- Remote work from India while on an H1B visa and receiving U.S. compensation is prohibited.
- There is no lawful method to modify your LCA to encompass India.
This non-compliance issue holds significant repercussions for your visa standing and potential immigration privileges.
If you have plans to visit India and are contemplating remote work, seek guidance from your immigration attorney. Safeguard your status - let's remain informed and assist others in doing the same.
