An H1B visa is a type of nonimmigrant visa that allows foreign nationals with specialized occupations to legally work and reside within the United States. If you are working part-time under an H1B visa and need a second job, or wish to increase your income by working multiple jobs, you might wonder, “Can I work for more than one employer on H1B status?”
A concurrent H1B visa is a nonimmigrant visa that allows foreign nationals to work multiple jobs in the United States. At Warren Law Firm, our immigration lawyers have assisted numerous clients in filing concurrent H1B visa applications.
Explore this guide to learn about the requirements for a concurrent H1B visa and how to manage multiple jobs while maintaining legal status in the U.S.
Concurrent H1B Visa
To be eligible for a concurrent H1B visa, you must first have a job offer from a U.S. employer. Sometimes, a foreign professional may be offered a part-time job instead of a full-time position, or choose to obtain one or more additional jobs for a variety of reasons. Concurrent employment is an excellent way for H1B workers to develop new skills, increase their earnings, and explore additional opportunities.
While concurrent employment permits H-1B visa holders to work for multiple employers simultaneously, there are several important rules that must be followed.
- The position must meet all the requirements of a standard H1B visa petition
- The new employer must file a concurrent H-1B visa petition with USCIS
- The new position must be a specialty occupation that requires a bachelor’s degree or foreign equivalent
- The new employer must demonstrate that they can’t find a U.S. worker with the same skills and qualifications
- The new employer must prove they will pay the prevailing wage for the position
- The H-1B worker must always maintain a valid H-1B status
Concurrent H1B Visa Benefits
H1B visa holders under concurrent employment have the same benefits as those without it. You can:
- Apply for permanent residency without jeopardizing your H1B status.
- Work multiple jobs simultaneously.
- Enroll in school with H1B visa status.
As concurrent H-1B visa holders, if you find a sponsor, you can apply for an employment-based green card due to the “dual intent” doctrine. With dual intent, you can take steps toward becoming a lawful permanent resident.
While there are no restrictions to doing this, remember that you will still need to satisfy the terms of concurrent employment; otherwise, you may risk losing your lawful immigration status.
How Can I Work for More Than One Employer on H1B Status?
Keeping track of the hours you work for each employer is important. Your employers are obligated to pay you for all hours you work at the wage listed on your concurrent H1B petition unless you voluntarily take time off. Conversely, if an employer temporarily closes operations or informs you that you aren’t needed, they are still obligated to pay your wage for the hours you would have worked.
Someone working multiple jobs on a concurrent H1B must also retain a reasonable balance of work hours to maintain their H1B status. While there isn’t a limit on the number of employers you can have as an H1B holder, you must ensure that you are not working too many hours. For example, if you are working full-time for one employer and want a concurrent petition for full-time employment with another employer, you will be expected to work 80 hours per week. In this case, USCIS may deny your concurrent employment visa application.
It is also possible to file a concurrent petition that allows you to work a range of hours, such as 20-30 hours per week, instead of a set number of hours. This will give you some leeway to allow you to work as many as 30 hours for that employer, but you aren’t committed to working more than 20 hours. This is a good way to avoid placing your H1B status in jeopardy.
Be realistic about the number of hours you can work each week. If you work fewer hours than your contract states without a good cause, your status as a concurrent H1B holder could be at risk.
Working Concurrently for Cap-Exempt and Cap-Subject Employers
Universities, colleges, nonprofit organizations affiliated with universities, government research organizations, and nonprofit research organizations are considered “cap-exempt” employers. Cap-exempt employers are not subject to a limit on how many H1B petitions they can apply for. All other employers are “cap-subject,” meaning there are limits to how many H1B petitions they can file each year.
As an H1B worker, you are allowed to work for both types of employers concurrently, but you cannot extend your H1B concurrent employment unless the cap-exempt employer is your primary H1B petitioner.
Will My Concurrent H1B Employers Know About Each Other?
Unless you disclose this information to your employers, they will not be aware of any additional jobs you may have. When an employer files an H1B concurrent petition for you, they communicate directly with USCIS. It is the policy of USCIS to not disclose your information about concurrent employment to your current employer.
You have no obligation to share this information with your employers unless it is in your employment contract. If your contract states that you are required to do so, you will need to inform them of any additional employment. If you are unsure whether this applies to you, our immigration attorneys can review your employment contract(s) to determine if you are obligated to disclose such information.
Do You Have Questions About Concurrent H1B Employment?
You may want to seek the advice of an experienced immigration attorney to determine your rights and opportunities as an H-1B employee. Although many H-1B employers keep an immigration attorney on staff (or hire them as needed), you should consider consulting your own attorney.
An independent attorney can provide you with personalized advice, ensuring that your interests are protected and that you fully understand the implications of concurrent employment. They can assist you with important tasks, such as reviewing employment contracts, explaining the process for filing a concurrent H-1B petition, and clarifying any potential restrictions or obligations under your existing H-1B status. Taking proactive steps to consult with legal professionals can give you the confidence and knowledge needed to make informed career decisions.
Warren Law Firm is a respected immigration law firm with years of experience in helping clients navigate H-1B employment situations. Whether you have questions about concurrent H-1B or other visa matters, our knowledgeable attorneys can provide you with the guidance and support you need. We are committed to helping foreign workers achieve their career goals in the United States and we will work tirelessly to defend your rights as an H-1B employee.
If you have questions or need assistance, contact us to schedule a consultation with one of our immigration lawyers.