Can you work multiple jobs in the United States on an H-1B visa?
3 min read
The most well-known type of employment on an H-1B visa in the U.S. is full-time employment with a single employer. However, the guidelines permit “concurrent employment.” This implies that more than one employer can engage the services of an H-1B worker in specific conditions. An H-1B petition filed to authorize an H-1B worker to be employed in another job concurrent with his current H-1B employment is commonly referred to as a “Concurrent H-1B.”
The second employer looks to engage with the H-1B worker in concurrent employment. It should go through the whole H-1B process as well as convince the USCIS. That the employee is eligible for an H-1B and that the second job is a specialty occupation. This means that the employer should also pay the prevailing wages for a job code that is appropriate to the concurrent position. The second employer should start the application by filing a Labour Condition Application (LCA) attesting to these and other H-1B requirements.
The concurrent H-1B employment need not fall under the same specialty occupation as that of the candidate’s first employment.
A concurrent H-1B can’t be filed at the time of the initial H-1B selection for that employee. That would be subject to the yearly cap and the employer needs the employee’s services for a full-time job. Which generally involves 35-40 hours of work a week. The employee might file a concurrent H-1B petition after the employee has an approved H-1B petition and the individual enters the U.S. in valid H-1B status.
Multiple jobs in the United States on an H-1B visas
There is no restriction on the number of concurrent H-1Bs an employee can hold. However, the cumulative hours that the employee will work should be plausible and possible.
One of the main important points to remember is that H-1B employees are not permitted. To work under contract, part-time employees, who needn’t bother with a visa sponsor, frequently do so. Thus, to maintain concurrent visa status, an employer-employee relationship is critical. It is therefore advisable to make sure foreign nationals are retained on the employer’s payroll and have a W-2 to confirm their employment with respective employers.
The USCIS doesn’t need the essential sponsoring organization to be informed about the candidate’s H-1B concurrent employment. However, the second employer should specifically select “Concurrent Employment” in Form I-129 when filing the H-1B petition for concurrent employment.
[H-1B visas could soon be stamped inside the U.S. following the Presidential commission’s recommendation]
One of the main issues most H-1B candidates have is whether they can hold their second employment. Even if they have left or have been ended from the original sponsoring company. It is essential to note here that the non-immigrant will continue to maintain his H-1B status. And it can continue to work for the second employer irrespective of any changes in his first employment.
While this is a good avenue for a ton of H-1B visa holders to earn more and improve their financial status. Having an approved H-1B petition doesn’t automatically result in the approval of the concurrent H-1B petition.
