Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements in the Remote Workspace

Authors

Rachel Refkin, Benjamin N. Cardozo School of LawFollow

Volume

2023

First Page

24

Last Page

54

Publication Date

2023

Document Type

Note

Abstract

The worksite location requirements for the PERM process for immigrant visas and LCAs for specialty occupation nonimmigrant visas have lost their relevance during the revolution of the white-collar remote workspace within the United States under current DOL guidelines. Although on its face foreign nationals working outside the office appears to be a novel legal issue, remote work within the United States has been an insurmountable hurdle in the immigration space since telework gained popularity in the late twentieth century. It is possible to apply for both kinds of visas for telework, but adherence to the Farmer Memo appears to be unsustainable. It would be in the interest of employers—especially influential Silicon Valley tech companies who are some of the largest employers of foreign nationals—to modify the current guidelines to save costs on audits and appeals, and to retain their employees’ valid immigration status.

Keywords

Employment, Immigration Law, Labor Law

Recommended Citation

Rachel Refkin, Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements in the Remote Workspace, 2023 Cardozo L. Rev. De-Novo 24 (2023).
Available at: https://larc.cardozo.yu.edu/de-novo/95