H-1B Visa Holders To Work Remotely In The US

The sources suggested that USCIS (US Citizenship and Immigration Services) might allow H1-B visa holders to work from home because of shutdowns brought on by the coronavirus virus outbreak.

Though, the decision is, however, unlikely, as H1-B visa holders need to be present at work in the addresses mentioned on their labor condition applications. Most immigration lawyers, however, believe the USCIS would waive this requirement, although no formal announcement has been made yet.

The department will support steps for safer working conditions in light of the COVID-19 outbreak and the USCIS is expected to take that into account while deciding on whether people on an H1-B visa could telecommute, a senior Department of Homeland Security (DHS) official added during an interaction with media.

IT services companies that have deployed employees on H1-B visas at client sites in the US have declined to comment on this. Sudhir Shah, a Mumbai-based immigration attorney, said working from home is the best option under the current global circumstances and if the USCIS revokes visas of H1-B workers, then employers could seek legal countermeasures.

In recent months, the USCIS has strictly enforced rules, carrying out checks at the office addresses provided by H1B workers. It has even canceled several visas for violations.

“Hence, there is a lot of anxiety among IT companies who have a large number of H1-B workers on their rolls,” said Shah.

Nandini Nair, an immigration attorney at law firm Greenspoon Marder, said H1-B visa holders could work from home under certain exceptional situations.