Exploring the Concurrent H-1B Visa: A Guide to Working with Multiple Employers

Concurrent H-1B: A Comprehensive Guide for Foreign Nationals Seeking Multiple Employments

In today’s rapidly changing work landscape, foreign H-1B workers may be considering working for multiple employers simultaneously. The good news is that it is possible, provided that certain requirements are met, and the additional employer files a Concurrent H-1B petition for a qualifying specialty occupation. This article provides a detailed overview of the process, requirements, and key considerations for H-1B employees and employers seeking concurrent employment.

Applying for Concurrent H-1B and Working with Multiple Employers

To be eligible to work for more than one employer simultaneously, you must submit a separate H-1B visa application for concurrent employment. The process involves filing a concurrent H-1B petition by the additional employer for a qualifying specialty occupation, completing a Labor Certification Application with the Department of Justice, paying necessary fees, maintaining an employer-employee relationship, and holding a bachelor’s degree or higher in a relevant field. By following these steps, you can successfully apply for concurrent H-1B employment and work for multiple employers at the same time.

H-1B Regulations for Full- or Part-Time Employment

Under H-1B regulations, you can work full- or part-time for one or more employers, as long as each job qualifies as an H-1B occupation and the employers are willing to comply with H-1B obligations.

Launching Your Second Job

You are permitted to start working for your additional employer once the USCIS has received the newly filed H-1B petition. Keep in mind that after the H-1B petition has been granted, it is necessary to obtain H-1B visa stamping for your second position.

The Concurrent H-1B – Key Points to Remember

1. Part-time H-1B workers must maintain an employer-employee relationship.
2. Indicate changes in working hours when adding a part-time or second job.
3. The new position must require theoretical and applied knowledge obtained through higher education.
4. If an employee is already engaged in a full-time position with their primary H-1B employer, USCIS might not approve a full-time concurrent H-1B employment.

Concurrent H-1B Jobs in Different Fields

H-1B concurrent roles are not required to belong to the same professional category or be akin to your initial job. You can work in diverse positions across various sectors and industries, as long as they meet the criteria for specialty occupations.

Allowed and Prohibited Jobs Under the 2nd Concurrent H-1B Visa

On a second concurrent H-1B visa, you can work multiple jobs in different fields, provided you meet the academic requirements. However, certain types of work, such as contract jobs, menial work, and running websites for advertising revenue, are prohibited.

Working with Several H-1B Employers

USCIS permits H-1B visa holders to have multiple jobs, provided they have specifically applied for a concurrent H1B. A concurrent H-1B is distinct from having two separate H-1B approvals, which is a common occurrence when an H-1B transfer is granted in conjunction with an extension.

Simultaneous Transfer and Extension of H-1B Employment

Whenever there are alterations in employment, such as an H-1B status transfer or extension, it is crucial to inform the USCIS. This guarantees that the H-1B employee maintains their legitimate non-immigrant H-1B status or a concurrent H-1B role.

Employment with Multiple Employers in a Specialty Occupation

An H-1B visa holder may work for two or more employers as long as they submit an additional concurrent H-1B application. To work both jobs, the H-1B visa holder must file an H-1B petition through their new employer with the USCIS. They must possess an advanced degree in the relevant field and work for either a cap-subject or cap-exempt employer.