H-1B LCA filings include the worksite location — not just the employer headquarters. This lets us see where H-1B workers are actually located, giving a window into remote work patterns across the country.
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Yes — but with paperwork. The H-1B visa is tied to a specific employer, not a specific location. However, the Labor Condition Application (LCA) is filed for a specific worksite. When a worker moves to a new location, the employer must file an amended LCA for that worksite.
There are limited exceptions. The "short-term placement" rule allows H-1B workers to work at a non-LCA worksite for up to 60 days per year (30 days in some interpretations) without filing a new LCA. This is frequently used for client visits, short consulting engagements, and temporary relocations.
The COVID-19 pandemic significantly expanded remote work for H-1B workers. USCIS and DOL issued guidance during the pandemic relaxing some amendment requirements, but those accommodations have largely expired. As of 2024, employers must file amended LCAs when workers permanently relocate to a new state.
Non-compliance is a real risk. The Department of Labor audits LCA compliance, and employers found to have workers at undisclosed worksites can face back-wage assessments, debarment from future H-1B sponsorship, and civil money penalties.
The dispersion of H-1B filings across non-tech states is partly a signal of remote work adoption. When a California-headquartered company files an LCA for a Texas worksite, it is often for a remote employee who lives in Texas. This pattern became more pronounced after 2020 and remains elevated compared to pre-pandemic baseline.
States like Colorado, North Carolina, and Georgia have seen rising H-1B filing counts in recent years — driven largely by remote-first hiring by Bay Area and Seattle technology companies rather than local employer growth.