International employees in H-1B, TN, E-3 and other non-immigrant statuses must have employment authorization for each proposed work location, including for working from home. A change to or addition of an employment location may result in the need to update the individual’s immigration record or the filing of an amendment petition with USCIS. When considering a change or addition of employment location, please submit an Employment Change Notification to FSIS so that a determination can be made what steps must be taken.
The Department of Labor allows for very limited exceptions to the requirement that all employment locations are disclosed for employees in H-1B status, as listed below. Please consult with FSIS for additional guidance before seeking to rely on these exceptions:
- employee developmental activity, such as a conference
- nature of the particular worker's job functions mandating short-term presence at other location
- short-term placement (up to 30/60 days), while the employer pays for the employee's travel, lodging, meals, etc.
Temporary Employment Location Change due to COVID-19
We recognize that many international faculty and staff are working remotely from home due to the pandemic. While many employees live and work from their home within a normal commuting distance from their regular employment location, some may choose to work remotely from a location outside of their home and/or from a home that is not within normal commuting distance. Whereas no specific action related to one's H-1B, TN or E-3 status is required when working remotely -- including virtual teaching -- from one's home location within normal commuting distance, action may be required if an employee is permitted to work remotely from an address other than their home and/or from a home that is not within normal commuting distance.
For the duration of the pandemic, FSIS has relaxed its documentation requirements in instances where an employee will be working from their home within normal commuting distance; in that situation, there is no need to submit the Employment Change Notification form for review. However, if a person will be permitted to telecommute from a different location than their normal home in the local area, an Employment Change Notification is required. Note that employees who normally hold H-1B, TN or E-3 status but who are abroad are not in a non-immigrant status in the US and therefore are not subject to any employment-location restrictions based on their immigration status.