VISA FOR WORK UNDER COVID - Bay Area Immigration Services

February 2, 2022Blog

VISA FOR WORK UNDER COVID – Bay Area Immigration Services in California

According to the Department of Homeland Security (DHS), employees will be exempt from having their identity and job authorization documents evaluated in their physical presence if their company maintains social distancing owing to COVID-19. It is a prerequisite to the Employment Eligibility Verification process (Form I-9).

Employers must, however, inspect documents remotely (by video link, fax, or email, for example) and collect and maintain copies of the documents within three business days.

REMOTE WORK ON H1B:

Holders of H-1B Visa are not allowed to change jobs or companies easily. H-1B workers are subject to several regulations. Working from home could be considered a change in worksite location, which results in an H-1B visa violation.

The LCA is to blame for the constraints in terms of employment location (Labor Condition Application). Every H-1B worker’s job site location is specifically documented in each LCA. If you want to work remotely on an H1B visa, there are some specific requirements. The conditions are linked to the LCA posting.

According to the general rule, each H-1B visa petition is filed for a specific location inside a single metropolitan statistical area. You cannot work from home until your house is within the Metropolitan Statistical Area listed in your filed and approved H-1B visa petition.

A revised petition must be filed. Your home address is included in the amendment petition. Once you’ve filed your paperwork, you can start working remotely or relocate to another location. The procedure for filing is simple. The file can be completed quickly, allowing you to work from home or at a different place.

You can work from home once your home address is indicated as a worksite location in the LCA and there is a pending H-1B amendment. A new H-1B petition may not be required if you return to work from your office (temporarily or permanently). Multiple worksite locations may be mentioned on an LCA or H-1B petition. That is why it is critical to seek legal advice from the top immigration attorneys who understand how to save time and money in the long run.

Please keep in mind that your home or second job location cannot be too close to the employer’s office. The second location may be in a different state. All that is required is that all locations be properly specified in the H-1B petition.

Here’s more information on H-1B visa blogs:

Complete Process and Guidance on When to File an Amended H-1B Petition

USCIS Grace Period for H1B Visas 60 days

H1B Application approval things to know

Lottery for H-1B Visas (How Does It Work?)

H-1B 60-Day Grace Period: How Long Can an H-1B Worker Stay in the U.S.

WORKING FROM HOME ON AN H-1B VISA:

The prevailing wage at work likely differs from the usual wage at home. If your present income is below the newly determined wage, your employer will have to raise it to satisfy the revised wage requirements. If income is already greater than the prevailing wage at the new location, there is no need for an adjustment or separate filing of a visa amendment.

You will also need to file an H1B modification if your work location is in a different MSA than your office.

If your current H1B petition does not already contain your home address as a work location and you wish to start working from home, this is the way to go.

Some people attempt to do the same thing with the transfer application as well. This is also acceptable because an H1B transfer is essentially the same as submitting a new H1B application. For the duration of the application’s validity term, you can designate any work location you want.

H1B AMENDMENT FOR WORK FROM HOME:

H-1B workers will be employed at a new worksite in the revised LCA, including a description of the change and reasons for it.

USCIS must also be notified of the new location by filing a revised H-1B petition.

As long as the H-1B nonimmigrant retains ties with the home workplace, the DOL provides an exception as long as the distant work location is for less than 60 days in a calendar year.

REMOTE WORK FROM DIFFERENT STATES:

Even if your employer’s office is in a distant state, you may be able to work remotely from home. It applies even if the employer’s headquarters are located in a different city or state with a different Metropolitan Statistical Area (MSA).

It does not matter how far the employer is within a state. It is important to note that if your MSA changes. You will need to obtain an H1B Amendment to list your home address as an employment address. Your office could be in New York or your home could be in California. Your work location is whatever is stated in the H1B application.

Visas for U.S. workers:

TN Work Visa: This visa is only available to Canadian (or Mexican) citizens with a job offer in the United States. A TN visa is a temporary work visa that has several restrictions. One of which is that the employment you’ve been given by a US company falls into a specified category. The majority of these occupations require extensive training and a high level of education.

L-1 Work Visa: Because it is for individuals who already have positions with international corporations but are being relocated to a United States office or branch of that same foreign company, the L-1 Visa differs from most other work visas.

E2 Work Visa: The E2 work visa is for foreign investors who want to invest in American firms. Foreign nationals who can commit a particular amount of money to an active investment that creates a certain level of profit may qualify.

H-1B Work Visa: The H-1B visa is for those who work in “specialty jobs.” A “specialty profession” is a job that often demands a high degree of education and extremely particular abilities; not just anybody can do this job.

H-2B Work Visa: The H-2B visa is comparable to the H-1B visa. It is available to both skilled and unskilled employees, rather than simply extremely highly skilled individuals like the H-1B visa is.

Keep in mind that all US work visas have extremely precise qualifying requirements that must be met to receive one. Call us if you wish to work in the United States! We can assist you in obtaining the appropriate work visa in the United States.