Remote Work Regulations That Affect Job Descriptions

Explore top LinkedIn content from expert professionals.

Summary

Remote work regulations that affect job descriptions refer to the legal and administrative requirements organizations must follow when offering fully remote or hybrid roles. These rules ensure compliance with labor laws, tax codes, and visa conditions across different locations.

  • Understand local laws: Research the employment, tax, and work authorization regulations that apply to the location where the remote work will be performed.
  • Clarify job boundaries: Clearly specify location, time zone, and in-person requirements in job descriptions to set accurate expectations for remote candidates.
  • Align with compliance: Ensure that remote work policies comply with state, country, or visa-specific regulations to avoid legal and operational penalties.
Summarized by AI based on LinkedIn member posts
  • View profile for Nikin Tharan

    Helping high-skilled immigrants (O1, EB1A & EB5) | O1 & EB1A Recipient

    45,659 followers

    New rules for H-1B remote work in 2025 — follow them or risk your visa! Remote work isn’t off the table for H-1B holders. But it’s no longer as flexible as before. USCIS has rolled out stricter rules for H-1B remote and hybrid work in 2025. If you’re working remotely—or planning to—these updates directly impact you. Who’s eligible for remote work? ✅ Must have worked for your H-1B sponsoring employer for at least one year. ✅ Your role must not require on-site presence and must stay fully productive remotely. ✅ USCIS approval is required for any formal remote work arrangement to ensure your H-1B conditions remain intact. Key remote work rules for 2025 1️⃣ Specialty Occupation Compliance USCIS states that employers must prove that remote work does not compromise the integrity of the specialty occupation requirement — your tasks must still align with the specialized role in your approved H-1B petition. 2️⃣ Enhanced Employer Oversight Employers are expected to clearly define remote work responsibilities and actively monitor your performance to show that the remote setup meets H-1B program standards. 3️⃣ Location & Time Restrictions If you work remotely from a different location than listed on your LCA (Labor Condition Application), the employer may need to file an LCA amendment. USCIS also limits how long you can work remotely before a location update is required. 💡 H-1B remote work is possible — but employers and employees need to ensure every aspect follows these new rules to stay compliant. 👉 If you’re an H-1B holder working remotely, it’s time to review these changes with your employer. Want to make this happen? Submit your profile for a free evaluation call at https://lnkd.in/eSBCY4Zx :) ⚠️ The information here is based on my personal experiences and is not legal advice. For professional guidance, consult an immigration attorney. #h1bvisa #h1bupdates #remotejobs #usimmigration #workpolicy #visacompliance

  • View profile for Abbey Phillips

    Talent Advisor | Technical Recruiter for Healthcare IT and Scientists in Clinical Research

    66,517 followers

    Remote ≠ Anywhere I’ve noticed a trend lately with jobseekers reaching out from other countries hoping to work remotely for US-based roles. I want to take a moment to clarify why it doesn’t quite work that way. Remote doesn’t automatically mean "work from anywhere." Each country has its own labor laws, tax codes, and work visa requirements. So even if a role is fully remote, it’s typically bound by the employment regulations of the country in which the company operates. For US-based companies, this often means the candidate must either live in the US or be eligible to work here legally. Simply being in another country, even Canada, doesn’t bypass those rules. I’ve had many people argue that Canadians can work in the US without needing sponsorship - unfortunately, that’s a myth. While there are work visas available, they still come with legal requirements and processes. I also hear a lot of, “Well, if companies wanted to make it happen, they could.” But it’s not that simple. Companies often face legal, financial, and operational constraints. Hiring someone outside of their country can involve complicated tax liabilities, payroll systems, and compliance with international employment laws. The cost of managing these complexities can be high, which is why many companies restrict remote roles to specific countries, often where they are already set up to do business. I completely understand the frustration and uncertainty that comes with trying to navigate remote job opportunities from outside the US. The desire for a better opportunity or flexibility is real, and I feel for anyone who’s trying to make it work. But I hope this helps clarify why certain roles are more restricted than they might seem on the surface. #JobSearch #RemoteWork #RecruiterInsights #JobseekingTips #Remote #Hiring #Jobs #Insights #Jobseekers

  • View profile for Jessye Kass Karlin, MBA

    President & Founder @ Riverwalker Talent | Social Impact Recruiter | Fractional Talent Partner & HR Consultant | Candidate Experience First | Empathy, Communication, & Relationships are the KEYS 🔑 to Excellent Teams |

    19,575 followers

    Remote DOES NOT mean work from anywhere in the world. Remote DOES NOT mean work whatever hours you want to. Remote role = you do not have to go into a physical office. 💥Restrictions - on hours, work authorizations, what states you can live in, etc will depend on the organization hiring. It can be super confusing - and frustrating - when you’re looking for a remote role, and find one that is remote but still doesn’t fit your requirements. So what is going on? 🌍 For a company to be able to sponsor work visas internationally from within the US is a HUGE undertaking. If this is not already part of their hiring and HR capacities, it will be extremely unlikely they have the capacity to consider sponsoring a work visa. 🇺🇸Different states will have different laws around remote work and insurances. There may be a remote role - but with certain state requirements based on their capacity. ⏰ When you put in your hours is going to be dependent on the work flow of the organization, not your preferred hours. A role may be remote but works west coast hours or east coast hours. ❓Ask questions during the hiring process or before applying to determine if a remote role you’re interested in fits what you are looking for! Remember: ✅ a job can still be remote even if it is not work from anywhere in the world or any state! ✅ a job can still be remote even if there is some in-person all-team events per year (but orgs should advertise this aspect clearly) ✅ a job can still be remote even if it is restricted to one state! (This may be for a number of reasons, health insurance is a common culprit).

  • View profile for Bonnie Dilber
    Bonnie Dilber Bonnie Dilber is an Influencer

    Recruiting Leader @ Zapier | Former Educator | Advocate for job seekers, demystifying recruiting, and making the workplace more equitable for everyone!!

    471,128 followers

    "Remote means work from anywhere! Stop adding location requirements to your remote jobs!" These are common complaints I hear on this platform so I wanted to break down WHY there are often location requirements on remote jobs. First, a definition: remote means you're not working from an office. It doesn't mean you can work from anywhere. A job can be remote and still have: - location requirements - time zone requirements - a requirement around working from a consistent location - requirements around your home office setup or environment Remote doesn't inherently mean that there's complete location flexibility, that the company operates asynchronously, or that you can work from anywhere. When making these decisions, remote companies are considering things like tax laws, security concerns, regulatory considerations, the ability to provide benefits and comply with HR laws which vary by state/country, and cultural/cost implications that may come with people being in different time zones or locations. Every company is going to do a cost-benefit analysis when deciding how to structure remote work, and that means that a job can be remote, but still have a lot of constraints on where and when the work is done.

  • View profile for Josh Brence

    Executive Search & Global Recruitment Leader | Husband & Father | Wannabe Podcaster | Servant Leader | Unapologetically Optimistic | Dad Joke Aficionado

    13,337 followers

    "This opportunity is remote, but applicants must be local in order to be considered". Wait, what? If you're a job seeker looking for a remote role, I'm sure you've seen this statement, or something similar, on more than a few occasions. What gives? It's frustrating to come across an exciting role that is right up your alley, only to realize you don't meet the criteria just because you happen to live in the state next door. But I promise that employer didn't come up with that criteria just to spite you and thousands of other candidates. These requirements are there for a reason, and to sum it up quickly it's all about compliance. Businesses must be registered in each state in order to employ someone there, and in many cases must also have a physical address in said state. Then there comes the issue of taxes to include setting up state-provided tax IDs and ensuring any employees hired within that state are having state-specific taxes withheld. Oh, and then a host of other "compliance related" items like payroll frequency, overtime calculations, and complying with state-specific hiring requirements like non-discrimination and EEO policies. And the list, technically, goes on and on. So the next time you see that a remote position requires applicants to be in a clearly defined geographic region, now you know why. #RecruitingLife #TheMoreYouKnow #RemoteWork #RemoteJobs

Explore categories