Amazon Grants Restricted Remote Work for H-1B Stranded in India

(INDIA) — employers sponsoring H-1B workers in FY 2027 must protect pay, worksite, and immigration compliance first, even when visa stamping appointments in India strand employees abroad.

U.S. consulates in india have faced extended appointment backlogs since late 2025. Many H-1B and H-4 applicants report interview dates pushed into mid-to-late 2026. Some report dates into 2027. Large employers have reacted with travel advisories. Amazon issued a December 17, 2025 memo granting a temporary remote work exception through March 2, 2026. The memo allowed limited work from India for employees stuck after travel for stamping.

For employers, the memo is a warning. “remote work from abroad” is not a simple business decision. It can trigger Indian payroll tax, permanent establishment, and labor law exposure. It can also create U.S. H-1B compliance issues if job duties, supervision, or the U.S. worksite change. HR and immigration teams should treat stamping delays as a mobility risk that requires a written playbook.

📅 Key Date: Amazon’s temporary remote work exception runs through March 2, 2026 for eligible stranded workers.

FY 2027 H-1B cap snapshot for employers

The FY 2027 cap still limits most private employers. Cap-exempt employers can file year-round.

FY 2027 employer timeline (employment start: Oct. 1, 2026)

Plan backward from October 1, 2026. Registration usually opens in March. Petition filing follows selection.

⏰ Deadline: Most cap-subject petitions must be filed within the USCIS selection filing window shown in the registrant’s online account.

Step-by-step: sponsoring an H-1B worker under the cap

Step 1: Confirm the role is a “specialty occupation”

Define duties, minimum degree field, and level of supervision. Avoid broad “analyst” job descriptions.

USCIS will test whether at least one regulatory criterion is met. The safest cases show a tight match between the degree and duties. Level I wages receive added scrutiny for complexity and supervision.

Step 2: Select the worksite and SOC code, then run the wage check

Pick the SOC code and work location before registration planning. Wage depends on both. Employers must pay the higher of the prevailing wage or actual wage.

Prevailing wage levels commonly used in LCAs:

If the role is entry-level, document training plans and supervision. If the role is senior, select a wage level that matches independent judgment.

Step 3: Prepare and file the LCA with DOL

The Labor Condition Application (LCA) is the compliance backbone. It locks in wage, worksite, and core terms.

LCA employer obligations include:

• Wage: Pay at least the required wage for the LCA location. No benching without pay.
• Working conditions: Do not adversely affect similarly employed U.S. workers.
• Notice: Provide required posting or electronic notice at the worksite.
• Public Access File: Maintain required documentation for DOL audits.

Posting must occur for the correct worksite. Remote or hybrid work must be handled carefully. A home worksite can trigger posting duties and LCA coverage.

⚠️ Employer Alert: If a worker’s U.S. worksite changes, an amended H-1B may be required before the move. LCA posting is often the first failure found.

Step 4: Register for the FY 2027 cap

Registration is electronic and employer-driven. The employer attests to a bona fide job offer.

Since 2025, selection is beneficiary-centric. Multiple employers can register the same person. Only one selection is made per person. Employers should still register early to avoid account issues.

Step 5: File the H-1B petition after selection

Once selected, file Form I-129 with the full packet. Include the certified LCA. Provide detailed support letters and evidence.

Step 6: Plan for travel, stamping, and start date

Even with an approved petition, many workers need visa stamping appointments abroad to re-enter. India backlogs have made “routine stamping trips” high risk. Employers should treat travel as a business continuity issue.

LCA and remote work: what employers must control

Many employers want a short-term solution when a worker is stuck abroad. Amazon’s approach shows how restrictive those solutions can be.

A temporary remote work exception from India may be designed to avoid creating business activity in India. Employers often limit duties to reduce tax and regulatory risk. Those limits can also reduce U.S. immigration risk by preventing “productive” client-facing work abroad.

Practical compliance steps:

• Document that the employee remains employed in the U.S. position. Track supervision and performance reviews.
• Confirm pay practices. Wage obligations under the LCA apply when the worker is in H-1B employment. Speak with counsel on edge cases.
• Avoid third-party client deliverables while the worker is abroad. Client site work adds risk even inside the U.S.
• Create a written travel protocol requiring immigration review before any international trip.

Employees should understand the risk. A stamping delay can separate families and disrupt school plans. It can also delay re-entry for months.

Required documentation (employer and employee)

Employer documents

• Detailed job description with percentage breakdown of duties
• Worksite addresses and hybrid schedule policy
• Offer letter with salary, hours, and reporting structure
• Company support letter describing specialty nature and degree requirement
• Evidence of business operations: brochures, website printouts, organizational chart
• Financials when appropriate: tax returns, annual report, or payroll records
• If third-party placement exists: contracts, SOWs, end-client letter, itinerary

Employee documents

• Passport biographic page and current/previous U.S. visas
• Degree diplomas, transcripts, and education evaluations if needed
• Resume and experience letters
• Prior I-797 approvals, I-94 record, and paystubs if in the U.S.
• Maintenance of status evidence for change of status filings

Fee breakdown for FY 2027 H-1B filings

Employers must pay required H-1B fees. Do not shift mandatory fees to the employee.

A new $100,000 fee for certain petitions is scheduled to take effect in September 2025. Employers should confirm applicability before filing.

Premium processing can shorten USCIS action time. It does not shorten consular appointment wait times. It also does not prevent administrative processing.

Common compliance violations and penalties

1) Underpayment or benching without pay
DOL back wages can be large. Penalties can include debarment. Track nonproductive time and payroll changes.

2) Wrong worksite or missed LCA posting
Remote work creates posting failures. Auditors ask for posting proof and worksite evidence.

3) Misclassified job level or SOC code
Level I with complex duties is a frequent USCIS RFEs trigger. Align duties, degree field, and wage level.

4) Material changes without an amended petition
Location, duties, or employer control changes can trigger amendment requirements. Fix issues before the move.

5) Third-party placement gaps
USCIS expects proof of specialty work and employer-employee relationship. Missing end-client evidence creates denial risk.

Stamping delays: employer travel and re-entry planning

If an employee must travel, treat it as a project risk. Confirm the worker has: a valid I-797, valid passport, and a plan for long appointment waits. Avoid scheduling critical deliverables during the trip.

If the employee is already abroad and stuck, consider these options:

• Work reassignment to U.S.-based staff until the employee returns.
• Temporary remote work exception with carefully limited duties, similar to Amazon’s restrictions.
• Cap-exempt options if eligible through a qualifying employer relationship.
• Change in start date planning for FY 2027 new hires, including deferred onboarding.

Employers should also review dependent impacts. H-4 stamping delays can keep families apart. That affects retention and morale.

Next actions (January–March 2026 planning)

Employers should start FY 2027 planning now. Employees should confirm role details and travel risks before March.

Employers (next 30–60 days):
1. Finalize job titles, SOC codes, worksites, and wage levels. Use flcdatacenter.com for wage data.
2. Draft standardized support letters that explain degree-to-duty connection.
3. Build a travel approval process for India stamping trips.
4. Identify backup staffing plans for critical roles through October 2026.

Employees (next 30–60 days):
– Confirm your worksite address, SOC code, and offered wage level with HR.
– Avoid international travel for stamping unless timing and business needs support long delays.
– Keep degree documents, prior approvals, and pay records organized for quick filing.

📋 Official Resources:
– H-1B Program: H-1B Program
– Cap Season: Cap Season
– Prevailing Wages: flcdatacenter.com