Concurrent employment allows H-1B visa holders to work for more than one employer at the same time. It’s common to have questions about this visa type, and our visa lawyer in Arlington is happy to assist.
Can I work for more than one employer on H-1B status?
Yes. Each H-1B employer must file a separate petition.
Is there a limit to the number of employers I can have?
Generally, there is no limit. Practically, you should work full-time for one employer and part-time for another employer. Alternatively, two part-time jobs may be optimal.
Keep in mind that you must work the required number of hours for each position. If two employers file full-time positions for you, you may need to work up to 80 hours per week. If you do not, you may be in violation of your status. For that reason, our visa lawyer usually recommends two part-time positions or one full-time and one part-time position.
Can I work for two part-time employers on concurrent employment?
Yes; you may hold two part-time positions under concurrent employment. If you work less than 35 hours per week, you are considered to hold part-time employment.
What are the requirements for a concurrent H-1B visa?
The requirements for a concurrent H-1B petition are largely the same as any other H-1B petition. You must show that you are qualified to hold the position and that the position meets the requirement of a specialty occupation.
Will the companies know about one another?
The company filing the second, concurrent petition must know about the existing employment in order to correctly file the case. The first employer does not need to know about the second.
Does the second concurrent job need to be the same as the first job?
No. So long as each position is a specialty occupation that requires a bachelor’s degree in a specific specialty and you are qualified for each position on the basis of your education and/or experience, the positions do not need to be identical. Our Arlington MA visa lawyer can help you determine how to structure each petition.
Will the second concurrent H-1B visa be approved because I already hold H-1B status?
No. It is important to thoroughly prepare each H-1B petition. The approval of your second concurrent H-1B visa is not guaranteed simply because you already have an approved H-1B petition. Our visa lawyer can help you prepare and submit a petition that meets the criteria.
How should I be paid on the second concurrent H-1B visa?
You should be paid on W-2. It is prohibited to be paid on 1099 while in H-1B status.
If I work for a cap-exempt employer, can I also work for a cap-subject employer?
Yes. If you are already working on H-1B status for a cap-exempt employer, the cap-subject employer may file a concurrent work petition without going through the lottery. However, if you stop working for the cap-exempt employer, you must also stop working for the cap-subject employer. Our visa lawyer can help you present the cases to USCIS.
How soon can I start working for my second employer?
You may begin working for the second, concurrent employer as soon as the H-1B petition is received by USCIS.
What if my concurrent petition is filed for full-time employment but I end up working part-time only?
Your employer will need to file an amendment.
What happens if my concurrent H-1B petition is denied?
You must stop working for the second, concurrent employer.
Can I hold concurrent employment on any other types of visas?
Other visa types that may take advantage of concurrent employment include TN and O.
Do I need an attorney for my concurrent H-1B visa?
It is best to consult with and retain a qualified immigration attorney regarding the rules of a second concurrent H-1B visa. Our visa lawyer can assist you with your concurrent visa.
If you have questions regarding a concurrent H-1B visa, please reach out to our visa lawyer in Arlington MA to request a case evaluation.
