Fact check: Is H1B work from home Ban Coming Up (after F1 Online class ban)?

No news about H1B work from home ban is available - Its a rumor. Do not lose your sleep. H1b, L work from home is legal after amendment approval by USCIS.

Written by AM22Tech Team
  AM22Tech Team    Updated 7 Jul, 20

Many people have asked us about the H1B work from the home ban after the most recent F1 student ban on taking online classes.

The truth:

There is no such news or an idea of banning H1B, L worker’s work from home that we know of, that’s being considered by Trump government at this time.

Work from Home Ban – Social Media Message

Many people have received messages on their Telegram and WhatsApp private groups like this.

The message is clearly spreading fear among H1B and L visa holder community by giving a target date too as August 30th.

The message even suggests asking managers and supervisors to push for opening offices!

H1b work-from-home ban coming up is being circulated on social media
H1b work-from-home ban coming up is being circulated on social media

The message claims that a “very trusted lawyer’s association” shared flash news. We could not find any such lawyer association which has shared any such message.

We actively searched online on Twitter, Facebook, Quora, our own WhatsApp & Facebook groups, and last but not least Google to see if there is any chatter developing this story.

To our surprise, there is nothing related to H1B work from home ban coming.

We also searched AILA (American Immigration Lawyers Association) website and official Twitter handle and could not find anything.

None of the attorneys have shared any such news either.

We usually look at attorneys like Greg Siskind, Leon Fresco, Cyrus Mehta, David Bier (Immigration policy Analyst who writes for CATO institute) among others to break the internal news before they reach mainstream media.

They are all associated with AILA and have not shared any news.

Is H1B Work from Home Allowed?

H1B work from home is allowed legally if your H1B amendment has been approved by USCIS.

It is not possible to ban work from home within the US easily as most of the offices are currently closed due to City or state regulations.

How to post LCA at home before starting work.

If Trump has to disallow H1B and L workers from working from home, USCIS will have to issue NOIR to revoke your approved H1B Amendment.

Many employers like Facebook, Google, and Apple have also allowed and suggested their employees to keep working from home, if they can through Dec 2020.

Can Trump Issue H1B Work from Home Ban?

President’s authority is mostly restricted to travel entry ban which he has already used with full power to ban H1B, L1, and J1 visa holders.

But, the rules are made and broken in an election year and nothing can be said with 100% confidence.

Governments can go to any level to change the voter sentiment and win elections.

This certainly does not mean that you lose your sleep over it. If something happens, it will first affect the corporate America which has a much bigger and strong lobby including the FAANG (Facebook, Amazon, Apple, Netflix, and Alphabet) companies.

What If the H1B Ban Whispers Are Real?

Although it is not true as of today, if it indeed becomes a reality given the current political scenario, you will have the option of filing or joining a lawsuit.

Litigations have proved useful in these kinds of politically motivated decisions where federal courts have given relief to temporary workers and non-immigrants in the past.

But, we still reiterate, there is nothing that we know of at this time. So, there is no need to increase your blood pressure.


Is Trump planning H1B work from Home Ban by August 2020 end?

There is no news of banning H1B work from home at this time.

It can be considered a rumor and there is no need to fear anything.

Can we file a lawsuit if H1B and L workers are stopped from working from Home?

The option of filing a lawsuit is always open if you do not agree with the government’s decision.

Can I file H1B amendment to work from Home in COVID-19?

You are allowed to file H1B Amendment to work from home as long as your LCA has been filed to reflect your home address.

DOL did allow extra 30 days to post LCA at home in case the employer has closed their office during a Coronavirus emergency.


Written by AM22Tech Team
  AM22Tech Team     

Recent discussion on forum

  1. anonymous

    If that comes , it becomes the ultimate lethal weapon.

    Forcing to do mass deportation just like F1 Rules.
    Trump can do anything in election year.

  2. anonymous51

    If this comes I will return to India taking my job with me.

  3. anonymous

    Banning 500k+ not possible. Tech industries will collapse.

  4. anonymous49

    Yeah that seems to be a rumour they cannot ban work from home. They can only ask to amend the petition to work from home.

  5. anonymous49

    I heard that Most of the tech company filed LCA for H1B worker with their home address at the beginning of April to make it safe side.

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