Indiana University is drawing fresh attention after a public post highlighted a recent ‘Notice of Intent to Hire an H-1B/E-3 employee’ that lists a remote work arrangement linked to a private residence in Carmel, Indiana rather than a traditional campus location.
The social media post questioned why the university is pursuing a $126,000 H-1B-sponsored employee to work remotely from a newly built Carmel home, instead of filling the role locally or on campus. The original post has circulated widely, raising questions about H-1B remote work practices and compliance.
Why is this a big deal?
Under US immigration law, the location where an H-1B employee performs work is a critical part of the visa petition and Labor Condition Application (LCA) filing.
Employers must ensure that every worksite where the H-1B worker will perform duties is listed on the LCA and included in the underlying petition to the Department of Homeland Security and US Citizenship and Immigration Services (USCIS).
This requirement exists to protect wage standards and labour conditions tied to specific geographic areas, according to LegalClarity.com
Is remote work for H-1B employees not allowed?
Remote work for H-1B employees is permitted, but it comes with compliance obligations. If an H-1B worker’s home office is within the same metropolitan statistical area (MSA) or “area of intended employment” as the posted work site, the employer can often post the original LCA at the home and report it without filing a new one.
However, if the remote location is outside that area or constitutes a material change to the employment, the employer generally must file a new LCA and amended H-1B petition before the worker begins remote work.
The X post suggests the listed work location for the new HU-sponsored role is tied to a $700,000 Carmel residence, which may lie outside the university’s traditional worksite area, sparking debate because H-1B filings are supposed to match actual work locations.
Indiana University has not publicly commented on the specifics of the filing or the reasoning behind the listed work location.
Financialexpress.com has approached Indiana University for a comment to the post. The article will be updated when we receive a response.