Immigration Compliance in a Hybrid/Remote Work Environment | Sessions

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Concurrent Session
Immigration Compliance in a Hybrid/Remote Work Environment
In-Person Monday 06/12/2023 10:30 AM - 11:30 AM   Add to calendar

Competencies: People (Technical), Workplace (Technical) | Intended Audience: Mid-Level
Workplace Application:
Ensuring that applications for sponsored foreign workers employed fully or partially remotely are filed and/or amended in a compliant fashion. 

Remote work and flexible work arrangements are here to stay. These new working arrangements create additional considerations for compliance with immigration rules. This presentation will help immigration and mobility professionals remain vigilant of the compliance hurdles, including government enforcement actions, presented by key visa programs, which are often designed around 'local' labor market wages and U.S. worker availability. Discussion topics will include the following: H-1B wage obligations resulting from remote and/or flexible work-from-home arrangements; PERM compliance where work location may change over course of U.S. Residency sponsorship; I-9 obligations for employers with workers hired during temporary pandemic rules; and Status and impact of new regulation providing flexibility for I-9 onboarding processes.

Learning Objectives:

  • Evaluate immigration sponsorship compliance obligations and opportunities, including ways in which HR can help create a culture of compliance within the organization.
  • Assess the consequences of work location changes, including remote work options, on employees sponsored for U.S. Residency and in particular how such changes may impact the validity of the labor market test that is required to support such applications.
  • Understand DOL wage obligations for sponsored employees who are permitted to work remotely some or all of the time, including what Wage and Hour investigators review when they conduct H-1B and related audits.
  • Identify strategies for timely completion of Forms I-9 given the increasing prevalence of remote hires and diffuse workforces, interim policies in effect for remote workers, and new DHS regulations proposing continued flexibility for employers engaging in remote hiring.

In-person session offerings are on a first-come, first-served basis.

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Andrew Greenfield Photo
Andrew Greenfield, Partner,
Fragomen, Del Rey, Bersen & Loewy, LLP
Priscilla Muhlenkamp Photo
Priscilla Muhlenkamp, Partner,
Fragomen, Del Rey, Bernsen & Loewy, LLP