Politiques en matière de travail à distance - Puis-je travailler à distance aux États-Unis avec mon visa?
Monica Zafra • August 30, 2023
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Le facteur le plus important pour travailler à distance aux États-Unis est l'obtention d'une autorisation de travail en bonne et due forme. La loi américaine sur l'immigration exige que toute personne qui gagne un revenu aux États-Unis dispose d'une autorisation de travail en bonne et due forme.
Que se passe-t-il si je gagne un revenu pour un employeur étranger alors que je suis aux États-Unis ?
Même si le travailleur travaille pour un employeur à l'étranger, le fait de travailler pendant qu'il se trouve physiquement aux États-Unis est toujours considéré comme un travail par le gouvernement américain, même si le travailleur est payé sur un compte bancaire à l'étranger. Par exemple, si un détenteur de visa B-1/B-2 se rend aux États-Unis pour le tourisme ou à des fins professionnelles spécifiques, il peut entrer aux États-Unis pour passer des vacances ou assister à des réunions ou à des événements, mais il ne peut pas travailler aux États-Unis, car le visa B-1/B-2 n'accorde pas d'autorisation de travail.
Comment puis-je travailler à distance ?
Il n'existe pas de catégorie de visa désignée pour les travailleurs à distance aux États-Unis, mais il existe des visas de non-immigrant qui sont flexibles. Les visas de travail non immigrants tels que E, L, TN, F-1, OPT, P-1 et O-1 ne sont pas soumis à des restrictions quant au lieu de travail, contrairement à d'autres visas, et il existe une certaine flexibilité en ce qui concerne le travail à distance. Par exemple, les athlètes P-1 peuvent voyager pour travailler en raison de leur profession, ou les professionnels O-1 également, mais ils doivent le faire dans les limites de leur visa.
Quels sont les travailleurs soumis à des restrictions en matière de travail à distance ?
Les travailleurs H-1B ne peuvent travailler que dans les lieux énumérés dans leur demande de parrainage H-1B. Cela est dû à l'exigence de la demande de conditions de travail (LCA) et à l'analyse des salaires en vigueur. Parfois, les travailleurs H-1B peuvent être amenés à travailler "occasionnellement à distance" à la demande de leur employeur. C'est le cas lorsque l'adresse du domicile du travailleur H-1B est proche et que le lieu de travail normal indiqué dans la LCA de l'employeur comprend l'adresse du domicile. Cette situation peut également se produire si le travailleur H-1B est amené à travailler à une distance importante du lieu de travail indiqué dans le LCA. Des demandes de modification et des frais de dépôt peuvent également être exigés.
Pour les parrainages H-1B, il peut être utile pour les employeurs d'inclure comme lieu de travail l'adresse du domicile de l'employé et le lieu de travail habituel, si cela est possible. L'USCIS a annulé deux notes directives concernant les placements sur des sites tiers et les itinéraires connexes pour les travailleurs H-1B, de sorte qu'il est plus facile d'indiquer l'adresse du domicile et le lieu de travail d'un travailleur H-1B.
Si vous avez des questions concernant ces informations, veuillez contacter nos bureaux.
Ce blog n'est pas destiné à fournir des conseils juridiques et rien ici ne doit être interprété comme établissant une relation avocat-client. Veuillez prendre rendez-vous avec un avocat spécialisé en droit de l'immigration avant d'agir sur la base de toute information lue ici.
Monica Zafra
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The answer is: YES! Social media influencers and content producers with a large online following can qualify for an O-1 temporary work visa or an EB-1 green card, often referred to as "talent visas" or "extraordinary ability green cards."
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