Immigration and Remote Work Checklist
Author: XpertHR Editorial Team
When to Use
With the growing prevalence of remote work, employers may consider more flexible working arrangements for employees in order to better meet both the organization's needs (e.g., staffing) and the worker's needs (e.g., desire not to relocate for a position). While an employer must consider a number of issues with respect to any remote working arrangement, immigration compliance concerns can make any decisions regarding workplace flexibility more complex. In many instances, "work-from-anywhere" arrangements in the immigration setting carry significant compliance risks (e.g., regarding social security, tax and employment law).
An employer considering employing a remote worker on a work visa may use this checklist to determine its actions. This checklist primarily addresses considerations with respect to immigration and remote work and should be used in conjunction with other resources (e.g., Handle a Separation From Employment Checklist). Employers should complete the following steps in sequential order.