We were retained for an H-1B petition. USCIS issued a Request for Evidence asking for proof that the beneficiary would be employed in-house and that the petitioner has sufficient specialty level work available for the beneficiary. No project information or agreements entered into with the clients could be provided to USCIS as evidence because of the confidential nature of the projects that the beneficiary would be required to work on in-house. Therefore, we relied on secondary evidence supported by legal arguments. USCIS accepted our arguments and approved the applic
Can H-1B Workers Work Remotely from Outside the USA? The Legal Reality vs. Enforcement Practice
The remote work revolution has fundamentally changed how we think about employment, but for H-1B workers, the question of working from outside the USA, for example, India, creates a complex web of legal and practical considerations. This article addresses the most pressing questions we receive from H-1B workers and their employers about remote work abroad, cutting through the confusion to provide practical guidance.