Learn rules about working remotely from America during L-1 processing. Understand legal boundaries, visa status, and allowed activities while awaiting approval.
Understanding L-1 Processing Rules
The question of whether you can work remotely during L-1 processing has a frustratingly complex answer that depends on your specific situation. The general rule is straightforward - you cannot begin working for your US company until your L-1 petition is approved and your work authorization officially begins. Simply filing an L-1 petition doesn't give you work permission. USCIS requires actual approval before you can start working, whether remotely or in person.
However, several factors complicate this simple answer. Your current location matters enormously. If you're outside America waiting for consular processing, different rules apply than if you're inside the US requesting change of status. Your current visa status affects what you can do. If you're in the US on a tourist visa, you have almost no work flexibility. If you're here on an H-1B with a different employer, you have some limited options.
The type of L-1 petition also matters. Initial L-1 petitions face stricter limitations than extensions or transfers. If you're already in L-1 status and your employer files an extension before your current L-1 expires, you typically receive automatic work authorization extensions up to 240 days while the extension processes. This automatic extension doesn't apply to initial L-1 applications or extensions filed after your status expired.
Confused about what you can do during L-1 processing? Beyond Border explains the rules specific to your situation clearly.
If you're physically in the United States when filing your L-1 petition, you'll likely request change of status as part of your application. This asks USCIS to change your visa classification from your current status (tourist, F-1 student, etc.) to L-1 status without requiring you to leave America. Change of status processing typically takes 2-4 months, or 15 days if you pay for premium processing. During this waiting period, you cannot perform any work for your US company regardless of whether it's remote work or on-site.
The L-1 visa processing work restrictions during change of status are absolute. You can attend meetings to plan the business. You can have strategy discussions with co-founders or investors. You can sign contracts on behalf of the company if your foreign role permits. But you cannot perform productive work - writing code, designing products, selling to customers, managing employees, or any other value-creating activities for the US entity. These activities constitute unauthorized employment that can jeopardize your immigration case.
Many founders find this restriction illogical. You own the company. You're setting it up. How can you not work on it? The legal reality is that until your L-1 is approved, you're still in your prior visa status (tourist, student, etc.) and those statuses don't permit US employment. The fact that you own the company doesn't matter. Ownership and work authorization are separate concepts. You need proper work authorization before performing employment activities, even for your own company.
Trying to navigate change of status restrictions? Beyond Border helps you understand exactly what activities are permitted during processing.
If you're outside the United States when your L-1 petition is filed, you'll go through consular processing. Your employer or agent files the L-1 petition with USCIS first. Once approved, you receive an I-797 approval notice. Then you apply for your L-1 visa stamp at a US consulate in your home country. After the visa is issued, you can travel to America and begin working. The entire process typically takes 3-6 months from petition filing to entering the US with your L-1 visa.
During consular processing, you remain outside America so the question of working in US before L-1 approval doesn't arise directly. You can continue working normally for your foreign company in your home country. There's no restriction on remote work for your foreign employer while waiting for L-1 approval. This is the most straightforward scenario - you maintain your foreign employment and life until your US visa is ready, then you relocate.
Some founders want to visit the US on tourist visa while their L-1 processes through consular processing. This is generally permitted as long as you don't work. You can attend business meetings, look for office space, meet with lawyers and accountants, and conduct other non-work business activities permissible on B-1/B-2 status. But you absolutely cannot start performing work duties for your US company. Wait until your L-1 visa is issued and you've entered the US in L-1 status before beginning productive work.
Planning consular processing and wondering about flexibility? Beyond Border helps you navigate timing and permissible activities.
If you're already in L-1 status and your employer files an extension petition before your current L-1 expires, you receive significant benefits under automatic extension rules. As long as your extension petition is filed before your I-94 expiration date, you can continue working for up to 240 days while the extension processes. This automatic work authorization extension prevents gaps in your employment and allows you to maintain your normal work activities including remote work from anywhere in the United States.
The 240-day automatic extension applies only to extension petitions, not initial L-1 applications. If this is your first L-1 petition, you get no automatic work authorization. The automatic extension also doesn't apply if your extension is filed after your status already expired. Timing is critical. File extensions at least 6 months before expiration to ensure you have automatic work authorization if processing takes longer than expected at USCIS.
During your automatic extension period while your L-1 extension processes, you can work remotely during L-1 processing just as you could during your regular L-1 status. You're not in a gap period or pending status - you have valid work authorization that continues until either your extension is approved (giving you new work authorization dates) or 240 days pass without a decision (at which point work authorization ends unless approval comes through).
Questions about automatic extensions and timing? Beyond Border helps you plan extension filing to maximize work authorization continuity.
Even though you can't work, certain business activities during L-1 processing are permitted while you wait for approval. Understanding this distinction between business activities and work helps you make progress on your US expansion without violating immigration rules. Business activities generally include acts related to setting up a business or exploring business opportunities, while work involves performing productive labor or services for the business.
Permitted business activities on tourist status include attending meetings with potential investors, customers, or partners. You can negotiate contracts with vendors or service providers. You can inspect physical locations for office space or retail operations. You can attend conferences or trade shows related to your industry. These activities fall under business tourism and are specifically permitted for B-1 business visitor status at USCIS.
What you absolutely cannot do is perform work that a US worker would typically be hired to do. Don't write code for your app. Don't design your marketing materials. Don't manage employees or contractors. Don't make sales calls or fulfill customer orders. Don't handle day-to-day operations or make routine business decisions. These work activities require proper work authorization. The line can seem fuzzy sometimes, but err on the side of caution. Immigration violations can jeopardize not just your pending L-1 but your future ability to enter the United States.
Unsure what activities you can do while waiting for L-1 approval? Beyond Border provides specific guidance on permissible activities for your situation.
One area where you have significant flexibility is maintaining foreign employment L-1 while your petition processes. If you're outside the United States, you can obviously continue working normally for your foreign company. But what if you're in America on tourist status while your L-1 change of status processes? Can you work remotely for your foreign company from inside the US?
The answer depends on how your foreign work is structured. If you're performing services while physically located in the United States, that's generally considered US employment regardless of who pays you. This includes remote work for foreign companies. The location where you perform the work matters more than the location of your employer. USCIS could view this as unauthorized employment even though you're working for a foreign entity.
However, some immigration attorneys argue that occasional, minimal remote work for your foreign employer while in the US on business visitor status falls within acceptable boundaries. The key factors are how much time you spend on this work and whether it's your primary purpose for being in the US. If you're spending 8 hours daily working remotely for your foreign company from your US hotel room, that's clearly problematic. If you check emails occasionally and attend one or two video calls during a two-week US business trip, that's more defensible. The safest approach is minimizing any work activities while in the US before your L-1 approval.
Concerned about working for your foreign company during processing? Beyond Border provides risk assessment and recommendations for your specific situation.
Can I work remotely for my US company while L-1 processes? No, you cannot work for your US company in any capacity, including remotely, until your L-1 petition is approved and your work authorization officially begins.
What happens if I work before L-1 is approved? Working before approval constitutes unauthorized employment, which can result in L-1 denial, visa cancellation, and potential bars from future US immigration benefits.
Can I stay in the US while my L-1 processes? Yes, if you file for change of status and maintain valid status, you can remain in the US during processing, but you cannot work until the L-1 is approved.
How long does L-1 processing take? Standard L-1 processing takes 2-4 months for change of status or consular processing, with premium processing available for 15-day decisions at additional cost of $2,805.
