If you are currently working in the US with an H1B visa, you may be wondering whether or not it is possible to work outside the US while still maintaining your visa status. The answer to this question is not a simple yes or no, but rather depends on a number of different factors. Below, we provide a detailed breakdown of what you need to know if you are considering working outside the US while on an H1B visa.

Key Takeaways:

• If you work for a US-based company that has a foreign office or subsidiary, you may be able to work for that office or subsidiary while still maintaining your H1B visa status.
• You can work for a foreign company that is related to your US employer. However, your US employer must continue to be your sponsor during your time abroad, and you must remain on the payroll of your US employer.
• If you work for a foreign company that is not related to your US employer, you will need to obtain a new visa that is specific to that country.
• It is important to consult with an immigration attorney before traveling outside the US if you are currently on an H1B visa.

Working for a US-Based Company with a Foreign Office or Subsidiary

If you work for a US-based company that has a foreign office or subsidiary, you may be able to work for that office or subsidiary while still maintaining your H1B visa status. To do so, you will need to obtain an L1 visa, which allows for intracompany transfers between a foreign office and a US office of the same company. This type of visa is typically used by executives, managers, and employees with specialized knowledge who need to work in both the US and a foreign country.

To obtain an L1 visa, you must work for a minimum of one year for your US employer before transferring to the foreign office or subsidiary. You must also be working in a managerial, executive, or specialized knowledge capacity.

Working for a Foreign Company Related to Your US Employer

If you wish to work for a foreign company that is related to your US employer, you will need to obtain an H1B visa for that country. Your US employer must also continue to be your sponsor during your time abroad, and you must remain on the payroll of your US employer.

It is important to note that even though your US employer will still be your sponsor, you will not be working for your US employer while abroad. This means that you may need to negotiate a new employment agreement with your foreign employer.

Working for a Completely Unrelated Foreign Company

If you wish to work for a foreign company that is not related to your US employer, you will need to obtain a new visa that is specific to that country. This may be a work visa, business visa, or other type of visa, depending on the requirements of the country in which you wish to work.

It is important to note that if you work for a foreign company that is not related to your US employer, it may be difficult to return to the US with your H1B visa. This is because your visa was obtained through your US employer, and if you are no longer working for that employer, your visa may be invalidated.

Consult with an Immigration Attorney

It is important to consult with an immigration attorney before traveling outside the US if you are currently on an H1B visa. The laws and regulations related to visas can be complex, and it is important to ensure that you are complying with all requirements.

An immigration attorney can help you determine the best course of action for your specific situation, and ensure that you have all of the necessary documentation in place before you travel.

FAQ

Can I work for a foreign company while maintaining my H1B visa status?

If the foreign company is related to your US employer, you may be able to do so. However, your US employer must continue to be your sponsor during your time abroad, and you must remain on the payroll of your US employer. If the foreign company is not related to your US employer, you will need to obtain a new visa specific to that country.

Can I work for a US-based company’s foreign office or subsidiary on an H1B visa?

To work for a US-based company’s foreign office or subsidiary, you will need to obtain an L1 visa. This allows for intracompany transfers between a foreign office and a US office of the same company.

Do I need to consult with an immigration attorney before working outside of the US on an H1B visa?

It is highly recommended that you consult with an immigration attorney before traveling outside of the US if you are currently on an H1B visa. The laws and regulations related to visas can be complex, and an attorney can help ensure that you are complying with all requirements.