(INDIA) — A worsening visa stamping backlog in India paired with new policy changes and a high-cost H-1B petition environment is forcing U.S. companies to face tax liabilities and compliance hurdles as remote work from India becomes more common.
Overview: H-1B remote work from India amid a backlogged visa system
Remote work sounds like a simple fix when an H-1B employee cannot get a visa stamp in time. The employee stays in India, keeps working, and the U.S. team avoids a staffing gap.
In early 2026, that “quick fix” can turn into a costly compliance problem. Many employers now face two pressures at once.
First, immigration delays keep H-1B employees stuck outside the United States longer than planned. Second, tax and payroll rules often follow where work is physically performed.
That means hiring or relocating H-1B employees to India, even temporarily, may bring Indian tax filings, payroll changes, and corporate compliance work that the company never expected. KPMG India and other tax advisors have warned that remote work arrangements can create unintended Indian tax exposure.
For employers, the biggest surprise is often that the “place where the laptop is opened” can matter more than where the employer is incorporated.
Official statements and policies shaping remote-work H-1B decisions
Three U.S. policy developments now shape employer decisions on H-1B staffing, especially when people are outside the United States.
One change affects who gets selected in the cap season. On December 23, 2025, DHS announced the Weighted Selection Rule.
The rule replaces a purely random lottery with a weighted selection process that favors higher-skilled, higher-paid applicants. The effective date is February 27, 2026, for the FY 2027 cap season.
USCIS spokesperson Matthew Tragasser said the prior lottery had been “exploited and abused by US employers who allegedly relied on the program to hire foreign workers at wages lower than those paid to American employees.” Employers preparing FY 2027 filings must plan around this new selection design.
A second change hits cost, and it lands hard. On September 19, 2025, a $100,000 supplemental fee was introduced for most new H-1B petitions filed after September 21, 2025 for beneficiaries outside the U.S.
For companies trying to hire, re-hire, or transfer staff while workers are stuck in India, that fee can alter budgets overnight.
A third change controls remote work compliance. USCIS updated remote-work regulations on December 17, 2024.
Under these rules, if remote work from outside the U.S. exceeds 60 days, the employer must handle an updated LCA and an amended petition. An updated LCA is a Department of Labor step tied to wage and worksite terms. An amended petition is a USCIS filing that updates the terms of the H-1B employment.
| Policy/Rule | Date Announced | Effective Date / Scope | Impact on H-1B employers |
|---|---|---|---|
| Weighted Selection Rule | December 23, 2025 | February 27, 2026; FY 2027 cap season | Changes selection mechanics; may shift who is picked based on skill and pay level |
| $100,000 supplemental fee for many new H-1B petitions filed for beneficiaries outside the U.S. | September 19, 2025 | Applies to most new H-1B petitions filed after September 21, 2025 | Adds major cost barrier for overseas beneficiaries, including many stranded in India |
| Remote-work compliance update (updated LCA + amended petition after threshold) | December 17, 2024 | Remote work from outside the U.S. exceeding 60 days | Adds filing and compliance steps to keep H-1B terms aligned with actual work location |
Be aware of the $100,000 petition fee for new H-1B filings outside the U.S. and the February 27, 2026 effective date for the 2027 cap season.
Tax and corporate presence risks of remote work from India
Immigration rules decide whether H-1B employment is authorized. Tax rules decide where income is taxed and where a company may have reporting duties.
Those systems do not always line up. Physical location often drives tax exposure. If an H-1B employee performs services from India for an extended period, Indian authorities may view the company as having business presence in India.
Tax professionals commonly describe the risk as Permanent Establishment (PE). PE is like leaving “operational footprints” in a country. Enough footprints can pull a foreign company into local corporate tax and reporting.
KPMG India has cautioned that extended remote work can increase PE risk. The exact PE outcome depends on facts, contracts, and how the employee functions.
Still, the basic concern is consistent: sustained work activity in India can create Indian corporate tax exposure for a U.S. parent. Once a PE is found, the U.S. parent may be treated as a taxable entity in India for profits attributed to that Indian activity.
That can mean Indian corporate taxes, local filings, and documentation work. It can also raise audit risk and require careful allocation of revenue and costs.
Employees face their own threshold. Under India’s 182-day rule, an individual who stays in India for 182 days or more in a financial year may be treated as a tax resident.
Tax residency can trigger Indian personal income tax on worldwide income in many cases. It can also pull employers toward payroll withholding or payroll reporting expectations, depending on structure and local rules.
IRS guidance can also matter for the employee’s U.S. tax posture. IRS Pub 519 (Tax Guide for Aliens) is one starting point for residency concepts and U.S. tax filing basics, though employees should typically consult a tax professional for their specific case.
| Risk Area | What Triggers It | Employer Obligation | Possible Outcome |
|---|---|---|---|
| Permanent Establishment (PE) risk in India | Extended work performed from India; employee activities resembling an “office” function | Assess PE exposure; consider local registrations, reporting, and documentation | Indian corporate taxes and compliance duties for profits attributed to India |
| Individual tax residency (182-day rule) | Employee stays in India for 182 days or more | Evaluate payroll localization, withholding, and reporting needs | Employee treated as India tax resident; broader Indian tax reach may apply |
| Payroll and employment compliance spillover | Remote work turns temporary stay into an ongoing work arrangement | Consider Indian payroll processes and employment-law alignment | Back pay risk, reporting penalties, or forced operational changes in some cases |
If you manage H-1B personnel abroad, verify LCA updates and petition amendments for remote work exceeding 60 days; assess PE exposure and payroll localization implications now.
Context: visa backlogs and their operational impact on employers
Backlogs are not a background detail anymore. They are shaping staffing plans quarter by quarter.
As of January 26, 2026, major consular posts in Delhi, Mumbai, and Chennai showed no regular H-1B appointment availability until 2027. That timeline changes the employer’s problem.
A two-week trip becomes a multi-month absence. A short family visit becomes a business continuity crisis.
Mid-December 2025 brought another delay. Expanded social media vetting was added to the visa process, which slowed interview scheduling and forced rescheduling for thousands of cases.
Even when appointments appear, extra screening can stretch timelines and add uncertainty. Employers end up with a hard choice: pause work, reassign duties, or risk losing the employee.
Or they can allow remote work from India and accept that tax, payroll, and immigration compliance questions may follow.
Impact on companies and individuals
Cost is no longer limited to legal fees. The $100,000 filing fee can reshape hiring plans for roles tied to candidates outside the U.S.
That is before considering potential Indian payroll setup costs, tax advisory work, and internal compliance time. Company size can change the options.
Amazon has offered temporary exceptions in some cases, including work-from-India allowances through March 2, 2026. Large firms may have in-house teams that can coordinate immigration filings, LCAs, and cross-border tax reviews.
Smaller firms and startups may decide they cannot carry the risk. Some have reportedly pushed resignations or ended arrangements rather than manage overseas employment exposure.
Employees feel the strain directly. Family separation is common when spouses, children, homes, or leases remain in the United States. Pay can also shift, because many employers tie salary to location.
Salary adjustments can occur when work is performed from India. Job loss is another risk when the employee’s specialty occupation duties cannot be performed abroad without the amended petition steps.
Ports of entry add one more stress point. Immigration professionals report increased questioning of returning H-1B workers after long stays abroad. Some travelers have been refused re-entry based on allegations that they disengaged from U.S. employment.
Outcomes vary by case, but the pattern raises stakes for anyone trying to “work around” stamping delays.
Official government sources and key dates
Employers and employees can check primary materials directly:
Key dates to track include December 17, 2024 for remote-work compliance updates, September 19, 2025 and September 21, 2025 for the $100,000 fee rollout, and February 27, 2026 for the Weighted Selection Rule effective date.
For employers, the immediate step is practical: inventory which H-1B employees are working from India, count days against the 60 days threshold, and review PE exposure before an employee crosses the 182 days line.
This article contains legal and tax implications. Readers should consult qualified professionals for advice tailored to their situation.
Policies and dates cited are current as of January 27, 2026 and may change; verify with USCIS, DHS, and IRS sources.
