H-1B Concurrent Employment: A Solution for Those Who Missed the H-1B Lottery

As the dust settles from the initial H-1B Cap selection process for 2024, many employers are now exploring alternative avenues to sponsor highly qualified employees for essential roles. While options like L-1 visas for intracompany transfers, O-1 visas for individuals with extraordinary abilities, and J-1 and F-1 visas for students are available, there’s another viable path worth exploring: H-1B concurrent employment.

Understanding H-1B Cap-Exempt Employment

Certain employers can sponsor H-1B petitions without being subject to the annual H-1B cap, allowing them to obtain approvals year-round for both part-time and full-time positions. These cap-exempt employers include:

  • Universities and colleges
  • Non-profit organizations tied to higher education institutions
  • Non-profit research entities
  • Governmental research bodies

These cap-exempt employers offer a flexible alternative for foreign nationals seeking H-1B status without relying on the traditional lottery system.

Leveraging H-1B Concurrent Employment

An often overlooked provision allows foreign nationals to hold H-1B status with two different employers simultaneously. If one of these employers is cap-exempt, a cap-subject employer can also file an H-1B petition for concurrent employment.

Example Scenario:

Imagine a cap-subject employer wants to hire a foreign national who was not selected in the H-1B cap lottery. This individual already works part-time, around 5-10 hours a week, teaching at a local university, a cap-exempt institution. Despite not winning the H-1B lottery, the cap-subject employer can still employ this individual. They can file an H-1B petition for concurrent employment, allowing the individual to work both part-time at the university and either part-time or full-time at the cap-subject employer.

Important Considerations

While this strategy is beneficial, there are a few critical points to keep in mind:

  1. Dependence on Cap-Exempt Employment: If the individual’s part-time job at the university ends, USCIS will consider them subject to the H-1B cap again, potentially revoking the cap-subject employer’s petition. Hence, the individual’s ability to continue working for the cap-subject employer is tied to their ongoing employment with the cap-exempt employer.
  2. Reasonable Work Hours: The total number of hours worked per week for both employers must be reasonable. The individual cannot work two full-time jobs. However, there is no minimum number of hours required for a part-time H-1B petition. For instance, the individual could work five hours a week at the university and up to 35 hours a week at the cap-subject employer.

Maximizing the Strategy

This concurrent employment strategy can be highly advantageous for both H-1B cap-subject employers and potential employees who did not win the H-1B lottery. Various organizations can assist in finding part-time cap-exempt employment opportunities for foreign nationals.

If you are a cap-subject employer, exploring the possibility of concurrent H-1B employment could be a game-changer, allowing you to hire talented foreign nationals even if they missed out on the H-1B cap lottery.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.