As noted below, it may be necessary to file an amendment or provide notice of filing within a specified time period. Please notify your employer if you will work outside of commuting distance of the work location indicated on your petition or visa application.

If you are working within commuting distance of the location indicated on your petition, an amendment will not generally be required. However, for H-1B, H-1B1, or E-3 workers, Notice of Filing (NOF) may need to be made for your home location. We will work with you and your employer to ensure the required steps are taken. 

If you are working outside of commuting distance of your home location, an amendment may need to be filed for the new location above. Please notify your employer if you intend to work outside of commuting distance of your work location prior to making this move.

Please note that the USCIS and Department of Labor policies relating to work from home arrangements required by shelter-in-place and other restrictions imposed by state and local governments are still evolving. We will update this page as new information becomes available.

Although there are various interest groups who have been lobbying for this accommodation to be made, at this time, the DHS has not indicated any plans to extend grace periods for nonimmigrant workers in H-1B status or other nonimmigrant work-authorized statuses. 

If the suspension of visa processing continues, your employer must file an extension petition with the USCIS. At this time, the USCIS Service Centers are still fully operational to receive and adjudicate petitions and applications, including extension of stay petitions. An extension petition may be filed up to 6 months prior to your current status expiration date (as indicated on the I-94 arrival-departure record). If the extension has not been approved by the time your current status expires, your work authorization will be automatically extended for up to 240 days while waiting for a decision on the extension.

On March 20, 2020, the U.S. Department of State temporarily suspended all routine visa services at the U.S. consular posts worldwide. Some consular posts are allowing emergency visa services to individuals who have urgent reasons to travel to the United States. In general, the circumstances that may be considered for expedited emergency visa appointments include urgent medical treatment, funerals, and urgent business travel.  For “urgent business travel”, certain consular posts require a letter from the company attesting to the urgency of travel and that the company will suffer significant financial loss. Given the high volume of emergency requests and severity of the COVID-19 pandemic, it is unlikely that consulates will accept most requests based on ‘urgent business travel.” As the availability and/or process to request for an emergency or expedited visa appointment varies by post, individuals are recommended to visit the website of the consular post where they seek to request for emergency visa services and follow the post’s specific instructions.

No. The President's Executive Order does not apply to temporary nonimmigrant classifications, including H-1B, L-1, E-3, TN, and F-1s, who are currently in the United States seeking a change of status, extension of stay, or change of employer, nor does it impact nonimmigrant visa applicants. The U.S. Citizenship and Immigration Services ("USCIS") is continuing to accept and adjudicate these petitions filed in the United States. Within 30 days of this Proclamation’s effective date, the President may issue another order or “measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” 

No. The President's Executive Order does not apply not apply to I-485 Adjustment of Status Applications, PERM Labor Certification Applications, or I-140 Immigrant Petitions.

Yes. However, if you are working in a location that is not within commuting distance of the location indicated on your H-1B petition or other nonimmigrant petition, an amendment may need to be filed. For H-1Bs, this amendment must usually be filed within 60 days of the move, and in some cases, depending on the nature of your position, may need to be filed within 30 days. The rules on whether to file, and when to file an amendment in this context are complex, and will require review by immigration counsel. Please obtain approval from your employer and notify our office before working from a location in an area that is not within commuting distance of your present work location. 

Please note that the USCIS and Department of Labor policies relating to work from home arrangements that are required by shelter-in-place and other restrictions imposed by state and local governments are still evolving. We will update this page as new information becomes available.

From the perspective of U.S. immigration, yes. If you are a Canadian citizen, there are no immigration restrictions preventing you from working for your US employer from your home in Canada. However, you should first request authorization from your employer to work from your home country, as there may be payroll, tax and other employment law concerns that may need to be addressed before you start working from home. Also, note that you may be subject to self-quarantine requirements upon your return to Canada.  

From the perspective of US immigration, yes. There are no immigration restrictions preventing you from working for your US employer from your home in your home country. However, you should first request authorization from your employer to work from your home country, as there may be payroll, tax and other employment law concerns that may need to be addressed before you start working from home. There may also be restrictions in your home country that may prevent you from reentering the country at the present time due to the COVID-19 crisis, or subject to you to self-quarantine upon your return. You may also be restricted from returning to the US due to U.S. travel restrictions because of the COVID-19 crisis. As of today, foreign nationals (other than permanent residents or their immediate family members) who have visited the UK, Ireland, the Schengen area of Europe, and China in the last 14 days are restricted from entering and reentering the U.S. 

In order to apply for an SSN, you will need to attend a local Social Security Administration ("SSA") office in person, which will require a special appointment given shelter-in-place requirements. Please see the SSA website:

"We may be able to offer an in-office appointment for a new card request based on available staff and office operating status. Please call your local office to see if an in-office appointment is necessary and possible. To contact your local office, please look for the general inquiry telephone number at Social Security Office Locator under "Show Additional Office Information" for the office you select."

In addition to the social security number application (SS5), you will need to bring your passport with Form I-94 arrival departure record, as well as other documentation of your lawful status and/or work authorization in the United States. For more information, they can refer to this handbook here.

Note that if you are applying for an Employment Authorization Document ("EAD"), you can request for an SSN on the Form I-765 application. Please contact our office if you have any questions.

Yes. At this time, USCIS Service Centers are still operating and adjudicating petitions and applications. 

No. As of March 20, 2020, the USCIS suspended premium processing requests for all filings, including H-1B change of employers, I-140 immigrant petitions, and this year’s FY2021 H-1B cap.

As of this time, the USCIS has not indicated any tentative date for lifting the suspension. We will notify our clients immediately of any updates on premium processing, and work with you to upgrade eligible pending petitions once premium processing is available. 

No. As of March 20, 2020, the U.S. Department of State (DOS) has temporarily suspended routine visa services at all U.S. Embassies and Consulates worldwide, with very limited exceptions for medical professionals, diplomats, and other “urgent” matters. This suspension impacts individuals outside the United States seeking to apply for a nonimmigrant visa stamp at U.S. consular posts and those seeking to travel and renew their visas. At this time, it is unclear how long the suspension will be in effect.

No. The President's Executive Order does not apply to temporary nonimmigrant classifications, including H-1B, L-1, E-3, TN, and F-1s, who are currently in the United States seeking a change of status, extension of stay, or change of employer, nor does it impact nonimmigrant visa applicants. The U.S. Citizenship and Immigration Services ("USCIS") is continuing to accept and adjudicate these petitions filed in the United States. The Order also does not apply to I-485 Adjustment of Status Applications, PERM Labor Certification Applications, or I-140 Immigrant Petitions. Within 30 days of this Proclamation’s effective date, the President may issue another order or “measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” 

On March 20, 2020, DHS announced that employers may inspect documents establishing work authorization remotely through electronic means, subject to the following requirements: 

• Must inspect original document within 3 business days of resuming normal operations

• Must maintain written documentation of remote onboarding and telework policy for each employee (e.g. an email sent to staff mandating the work from home restrictions under public health orders)

These accommodations will last until Tuesday, May 19th or within 3 business days after the National Emergency order is lifted, whichever is sooner.

Unlike Form I-9, E-Verify does not require a review of original documents. To accommodate the COVID-19 crisis, DHS has extended the time to resolve tentative non-confirmations (TNC). If you are unable to complete E-Verify within three (3) days due to COVID-19, you should indicate the reason in the E-Verify portal. For more information, please see our alert here. 

If the individual is outside the United States, then federal immigration rules do not apply. Strictly speaking, if an individual has a Social Security Number (SSN), the individual can then be put on U.S. payroll. However, we strongly employers speak with their employment counsel to determine whether employing someone abroad will trigger any tax or employment law concerns in that country. 

Department of Labor (DOL) LCA regulations require that Notice of Filing (NOF) be given to affected workers at the place of employment on or within 30 days before the filing of the LCA. Notice can be given by:

• Posting hardcopy in two conspicuous locations at the worksite for ten (10) days

• Electronic means, which may include intranet posting or direct email, to affected workers

Where a worker is assigned to a new work location within the same area of intended employment (MSA), NOF must be posted at the new location. The DOL has granted a 30-day grace period of the re-posting requirement for employers to accomplish the NOF for H-1B, H-1B1, and E-3 employees who are now working from home. The preferred methods for accomplishing the re-posting in a WFH situation are to (1) email the NOF to “affected workers” directly, or by (2) posting the NOF on the company’s intranet site. 

No. Email notice must only be provided to “affected workers,” which are defined by the DOL as employees who are at the same place of employment in the same occupational classification as the H-1B, H-1B1, or E-3 worker. 

If your employees are currently working from home, we recommend waiting until WFH restrictions have concluded before posting PERM NOFs at the worksite. PERM Labor Certification requires hardcopy NOF posting for 10 business days at least 30 days prior to filing the PERM, as well as various recruitment steps within a 180-day window prior to filing. Unlike LCA posting requirements, the DOL does not permit an electronic option to provide PERM NOFs. The DOL has unfortunately not relaxed the hardcopy PERM NOF requirements and has suggested that posting at a worksite where all employees are working from home, may trigger an audit asking for evidence that the employees were properly provided the NOF. The DOL has provided an additional 60-day “grace period” if notice of filing or recruitment steps cannot be completed within the 180-day window. If you have questions on how delays in PERM NOFs will impact the green card process for an employee, please contact our office.

If you anticipate furloughing an H-1B, H-1B1, or E-3 employee due to the COVID-19 crisis, please contact our office to discuss. 

For H-1B workers, an amendment petition can be filed with the USCIS reflecting the reduced hours, which would allow the H-1B worker to start upon USCIS receipt of the amendment petition pursuant to “portability” provisions. However, no such portability provisions exist for H-1B1 or E-3 workers, and due to the current suspension of U.S. visa services abroad, such workers do not have the option to apply for a new E-3 or H-1B1 visa abroad and reenter. If you anticipate a need to reduce hours for an H-1B, H-1B1, or E-3 workers, please contact our office to discuss. 

While there are no compliance issues with terminating an H-1B, H-1B1, or E-3 worker permanently, employers must take certain steps when terminating employees in these statuses. For H-1B workers, employers are required to notify the USCIS of termination and provide transportation to the employee’s home country, if requested. For H-1B1 and E-3 workers, there are no specific requirements to notify the USCIS; however, we recommend withdrawing the LCA as evidence of the termination of the employer’s obligation to pay the worker. If you may or are likely to rehire the employee within 60 days, we recommend considering holding off on notifying the USCIS or withdrawing the underlying LCA to avoid filing a new petition or visa application. 

Temporary workers are entitled to a 60-day grace period following termination to (1) find a new employer, (2) change to another status, or (3) depart the country. If an H-1B employee is furloughed for 60 days or less, it is possible to rehire that employee without needing to file a new petition with the USCIS, so long as the initial petition has not been withdrawn. H-1B employees may also start working at a new employer as of filing a new petition (“H-1B portability”), a benefit that does not apply to H-1B1, E-3, or any other nonimmigrant statuses.

There are no issues with furloughing, reducing hours, or terminating an F-1 student in their first year of OPT. F-1 OPT employees have up to 90 days of unemployment without violating their F-1 nonimmigrant status. 

For F-1 students working pursuant to a two-year STEM OPT extension, employers must notify the employee’s school within 5 days of termination, a significant reduction in hours, or temporary unpaid leave. F-1 STEM OPT employees are eligible for a cumulative of 150 days of unemployment without violating their F-1 nonimmigrant status. 

Temporary unpaid leave, reduction in salary, and reduction in hours is less of an issue for other employer-sponsored visas such as TNs, L-1s, and O-1s, as such classifications are not subject to LCA prevailing wage or anti-benching requirements. However, an amendment petition with the USCIS for any material change of employment would normally still be required, and the USCIS has not yet announced a relaxation of the requirement to file an amended petition. At this time, it is unclear whether the DHS will penalize employers for furloughing employees in these statuses due to shelter-in-place orders

Employees in these statuses, like H-1Bs, H-1B1s, and E-3s, are entitled to a 60-day grace period following termination. However, they are not eligible for any portability benefits, which are only available to H-1B workers. 

Generally speaking, there is no issue from a U.S. immigration perspective with foreign national employees working from home outside the country. LCA notice of filing requirements would not apply to worksites outside of the United States, and an amended petition would not be required to file with the USCIS. However, we recommend employers consult with their employment counsel, as there may be logistical considerations with payroll, possible tax issues, and employment law issues. 

Partially. The USCIS is allowing petitioners to submit scanned/photocopied versions of original signatures on petition forms. The USCIS has indicated its discretion to request the originally signed documents at any time if photocopies are submitted.