Employers, please keep in mind that you must notify your attorney if a foreign national employee is scheduled to move worksites, including to a remote home worksite, as some immigration processes are location specific.
Foreign nationals holding H-1Bs will need an H-1B amendment for a location change, even within the same employer, unless it is within the same Metropolitan Statistical Area (MSA) or within normal commuting distance.
Likewise, the Labor Certification required during the PERM process is tied to a specific worksite. An employee’s relocation outside of the MSA will require a new PERM, unless an option to work remotely is listed in the PERM job description or an employee intends to move back to the worksite listed on the PERM application upon receiving a green card.
For more details about the effects of changes in job location or pay, please see our previous blog post. For questions about employee relocation, please contact an attorney at Minsky, McCormick & Hallagan, P.C.