International employees, particularly H-1B and E-3 status, 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. Contact ISSS if your department will add or change a work site for your international employee.
All work sites, including home, must be listed on the Labor Condition Application (LCA) that ISSS included in our H-1B Petition.
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. Contact ISSS immediately if an employee will add/change a work site.
New J-1 Exchange Visitors with a program start date on or after July 1, 2023, may participate remotely no more than 40% of their program (e.g., two out of five days per week). Exchange Visitors in active status on or before June 30, 2023, may continue hybrid programs up to December 31, 2023. As of January 1, 2024, all J-1 Exchange Visitors may participate remotely no more than 40% of their program.
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.
Contact ISSS 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.
Working for Temple While Abroad
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. However, the hiring Department must consult HR, University Counsel and the Office of the Vice President for Research (OVPR) as there can be Tax, Labor Law and Controlled Technology Issues for employees who are working outside the US.