The L-1 Visa for Remote Work: Is Your Intracompany Transfer Compliant in the New Remote Era?

Remote and hybrid work are now common across industries. However, for L-1 intracompany transferees, remote work must be handled carefully. The L-1 visa is tied to specific job duties, work locations, and company relationships, and mistakes can lead to compliance issues, denials, or future visa problems.

Navigating Remote Work Policies: Experts Discuss L-1 Visa Compliance for Intracompany Transfers in a Modern Office Setting.

1. What Is the L-1 Visa (L-1A & L-1B)?

The L-1 visa facilitates intracompany transfers of key employees to a U.S. entity.

L-1A (Managers/Executives):

• For managers or executives transferring to U.S. office

• Initially granted for 1-3 years, extendable to 7 years maximum

• Direct path to EB-1C green card (no PERM required)

L-1B (Specialized Knowledge):

• For employees with "specialized knowledge" of company processes, systems, or products

• Initially granted for 1-3 years, extendable to 5 years maximum

• Challenging criteria requiring proprietary knowledge
  

2. Why Remote Work Is a Compliance Issue for L-1

The core compliance issue is that the L-1 visa is predicated on the existence of a U.S. office and the employee being transferred to work for that U.S. entity.

• USCIS Scrutiny: U.S. Citizenship and Immigration Services (USCIS) is highly focused on L-1 integrity, particularly for "new office" petitions and L-1B specialized knowledge cases, frequently using site visits to verify compliance.

• The "Doing Business" Requirement: The U.S. petitioner must be "doing business" in the U.S. and in at least one other country. This requires a physical presence where actual business operations occur. A fully virtual, P.O. box, or shared co-working address may fail to meet this standard.

  
  

3 Remote Work Allowed on an L-1 Visa?

Not as a primary arrangement, but with significant limitations:

Partial/Hybrid Remote Work MAY Be Acceptable If:

• My main workplace is still the office, in the United States.

• Limited work-from-home (1-2 days weekly)

• No change in job duties or supervision structure

• Employer maintains dedicated workspace at office

Full-Time Remote Work Is Problematic Because:

• May violate L-1 petition terms (different worksite)

• Could constitute "material change" requiring amended petition

• Risks L-1 status maintenance upon re-entry

4. L-1A vs L-1B: Remote Work Differences

L-1A (Managers/Executives)

• Generally more flexibility for hybrid work

• Must continue managing people, functions, or departments

• Excessive hands-on or individual contributor work is risky

L-1B (Specialized Knowledge)

• Subject to stricter scrutiny

• Remote work must clearly involve proprietary company knowledge

• Third-party or client-site work raises red flags

5 When You Need To Make Changes To A Petition

An L-1 amendment is usually required if:

• There is a new or additional work location

• Remote work is something that people are doing for a time now. It becomes a part of our lives. We have to get used to it. Sometimes remote work becomes term. Times it even becomes permanent. We have to accept that remote work is here to stay. Remote work is what many people do every day.

• Job duties or reporting structure materially change

• Failing to file an amendment can lead to RFEs, denials, or future visa complications.

6 Home Office & USCIS Site Visits

The United States Citizenship and Immigration Services, which is also known as USCIS may decide to conduct site visits. This can include visits, to the workplaces of people who work from home or other remote locations for people who are considered workers. USCIS may do this for workers.

To stay compliant:

• Maintain proof of approved remote work arrangements

• The home office needs to support the approved role. This is very important, for the approved role. The home office should have everything the approved role needs to work.

• Keep company contact and supervision clearly documented

7. Best Practices for Employers & L-1 Employees

• We need to make a company policy for work. This policy is for all L-1 employees. The policy should include what L-1 employees need to do when they move to an address. L-1 employees must tell the company when they change their address. This is very important for the company to know where the L-1 employees are working from. We should write all of this down in the policy for work, for L-1 employees.

• Internal Communication: The HR/Immigration team must regularly reconcile employee addresses and duties with the approved petition documents.

• Proactive Amendment: If the move to remote work is permanent and substantially changes the L-1 employee's work location (e.g., moving from East Coast to West Coast) and the original petition only listed the corporate office, consider filing an amended petition to reflect the permanent home address as an additional worksite, even if not strictly required by law.

• Site Visit Preparation: Train front-desk staff and the L-1 employee's manager on how to handle an unexpected USCIS site visit, including having immediate access to the approved L-1 petition and a letter confirming the employee's current duties, even if they are working remotely that day

8 Common Mistakes That Trigger Problems

• Assuming remote work is automatically allowed

• Working from a new state or address without disclosure

• Performing duties outside the approved role

• Mixing responsibilities between U.S. and foreign entities
  

Good Luck