Some U.S. employers are facing a complicated situation: a foreign national employee on a work visa, such as an H-1B, travels abroad for what should be a short trip, with the goal of renewing the visa stamp travel document, only to become stranded due to unforeseen visa processing delays. With some consular appointments being rescheduled several months after the original intended return dates, employers are left in a practical “Catch-22.” This article outlines the primary legal risks and strategic options for employers navigating this complex challenge.

• Employees can face delays in visa issuance at U.S. consulates abroad due to changes in government policy.
• Allowing remote work from a foreign country can create tax, employment, and immigration risks.
• Key options include secondment to an affiliate, a formal remote work agreement, or using an Employer of Record (EOR), each with its own compliance risks.

Requesting Earlier Consular Appointments

If a foreign national employee is stranded abroad without a valid visa stamp travel document, the primary goal is to secure a consular appointment to obtain that travel document. For example, the U.S. Department of State recently announced an expansion of screening and vetting for H-1B visa holders, causing embassies and consulates to cancel and reschedule visa appointments to accommodate implementation of the additional vetting process. Visa appointments for some foreign nationals were pushed out for several months after the...

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