Immigration Solutions

PERM Work from Home: Telecommuting


Telecommuting means that an employee will work from home.

  • Telecommuting is considered a benefit, so it must be mentioned in the advertisements, Notice of Filing and ETA 9089. Second, the prevailing wage and the location of the advertisements/notice may depend on whether telecommuting is required or merely permitted.

Telecommuting Allowed:

Where telecommuting is allowed, the prevailing wage application and the advertisements/Notice of Filing placements will depend on the location of the company’s headquarters and not the (temporary) location of the employee (see Farmer Memo).

This is similar to the situation of working in unanticipated client locations in that the employee can work from any location in the U.S. at any given time, while the headquarters is the base.

So the prevailing wage and advertisements/Notice of Filing placements will be based on the company’s headquarters.