It is essential that the Hiring Department notify ISSS and Human Resources if there will be a change in a foreign national's place of employment.
Foreign nationals who are working for Temple University can only hold nonimmigrant status (such as H-1B, TN, O-1, E-3) while residing in the US. They are no longer subject to US Immigration Law while residing in another country. However, the Department Head must consult Nancy Hinchcliff in Human Resources before permitting an employee to work for Temple University abroad. Departments that may be involved in the decision to permit employment from outside the US are University Counsel, the Office of the Vice President for Research (OVPR) and Faculty Affairs as there can be Tax, Labor Law and Controlled Technology Issues. Ms. Hinchliff is responsible for coordinating with relevant departments. Any employee who has or intends to apply for US Permanent Residence (Green Card) should consult with a qualified immigration attorney before the Department Head reaches out to Nancy Hinchcliff in HR. If Temple University is sponsoring the employee for Permanent Residence, the Department Head must consult with their HR Generalist as well as the immigration attorney handling the Permanent Residency application.
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.
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.
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.