Q: H1B address compliance when residing temporarily in Virginia while working remotely.
I am on an H1B visa, and my employer has recently allowed me to work remotely. My official residence address in Michigan differs from the new address mentioned in my LCA, but it is still just 40 miles from my company’s work site, which remains the same. I've been spending most of my time at my relative's house in Virginia. My Michigan address appears on my salary slip and bank statements. I frequently visit my official residence and don't permanently live at my relative's house. Is this setup compliant with H1B address regulations, and how should I prepare for potential RFEs regarding my address?
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A:
Your current arrangement may present compliance risks under H1B address regulations. Although your official residence and the LCA-listed location in Michigan remain close to your primary worksite, regularly residing at your relative's home in Virginia could be viewed as a material change. USCIS expects the LCA and your primary residential address to accurately reflect where you're physically performing work.
If you intend to continue working remotely from Virginia, even temporarily but on a frequent basis, it's advisable to consult with your employer's immigration attorney to determine if a new LCA or an amendment to your H1B petition is needed. Temporary stays can complicate matters, especially if your Virginia residence becomes your habitual place of work. Clearly documenting your travel and maintaining proof of regular visits to your Michigan address—such as utility bills, lease agreements, or mail—can support your position if questioned.
In preparation for a potential Request for Evidence (RFE), gather consistent evidence demonstrating your ties to the Michigan address and that your presence in Virginia is genuinely temporary and occasional. Maintaining thorough records of travel between the two locations, employment agreements explicitly permitting remote work, and correspondences that reflect your arrangement will help strengthen your case. Proactive communication with your employer and their legal counsel can prevent issues before they arise.
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