An H-1B visa holder recently received a Request for Evidence from the USCIS. The notice asked for proof that the individual is maintaining valid status. The employee works for a company based in New York under a hybrid work model.
Under this arrangement, the employee works from home for a few days each week. The official Labour Condition Application lists New York as the designated work location. However, the employee currently resides and works partly from Georgia.
This difference has created a compliance issue. The worker’s pay stubs reportedly reflect a Georgia residential address. The mismatch between the listed work site and payroll records triggered the Request for Evidence.
As per federal regulations, any material change in work location requires an H-1B amendment. Employers must file a new or updated Labour Condition Application if an employee works from a different location. Failing to do so can lead to visa status complications.
Working from home in a different state without proper filing may be considered a violation of visa rules. Even hybrid arrangements require documentation if the location differs from the approved site. Such discrepancies can invite closer scrutiny from the USCIS.
Immigration experts advise that the employer should immediately file an H-1B amendment. This step can help regularise the work arrangement and protect the employee’s legal status. Timely compliance is essential to avoid further complications.
If the employee later changes jobs, the new employer’s attorney must also review this gap. Clear documentation of status maintenance will be necessary. For now, updating records for both New York and Georgia is the immediate priority.
