Is It Possible to Work for Multiple Employers on H1B Visa?

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Is It Possible to Work for Multiple Employers on H1B Visa?

August 31, 2024

Can we work for Multiple Employers on H1B Visa? Yes, Concurrent H1B employment allows H-1B visa holders to work for more than one employer simultaneously, offering various benefits. For instance, it can enhance job security—particularly during periods of widespread layoffs—provide career advancement opportunities, and enable work across different industries. Additionally, concurrent H1B employment can be advantageous if an employer reduces work hours to part-time. However, the process can be complicated. This article will answer common questions about concurrent H-1B employment.

What Is the Process for Concurrent H-1B Employment?

If a foreign worker has valid H-1B status with Company A, Company B can apply for concurrent H-1B employment by following the standard procedures for filing an H-1B petition. This includes obtaining a certified Labor Condition Application (LCA) from the Department of Labor and submitting a separate H-1B petition to USCIS. When completing Form I-129, Company B must select “New concurrent employment.”

Under H-1B portability rules, the worker may begin employment with the concurrent H1B employer as soon as USCIS receives the H-1B petition. If the petition is denied, the worker must stop working for Company B but can continue with Company A.

What Are the Requirements for Concurrent H-1B Employment?

The criteria for concurrent H1B employment are the same as for any other H-1B petition. Company B must prove a legitimate employer-employee relationship exists, meet all wage requirements specified in the LCA, and ensure the position qualifies as a specialty occupation requiring at least a bachelor’s degree in a relevant field. The H-1B worker must demonstrate eligibility for the specialty occupation, which could be through:

Completing a U.S. bachelor’s or higher degree in the specialty occupation from an accredited institution.
Holding a foreign degree equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.
Having equivalent education, training, or experience in the specialty.

Additionally, if applicable, the H-1B worker must provide an unrestricted state license, registration, or certification to fully practice in the specialty occupation.

Is There a Limit on the Number of Employers an H-1B Worker Can Have?

There is no specific limit on how many employers an H-1B worker can simultaneously work for under concurrent employment. However, the worker must maintain H-1B status throughout their employment, meaning they should realistically manage the total number of hours required for each employer.

Can an H-1B Worker Hold Full-Time Jobs with Multiple Employers?

There is no maximum number of hours per week an H-1B worker can work. Technically, they can hold two full-time positions under concurrent employment. However, each H-1B petition must be approved by USCIS. If USCIS determines it’s not feasible to perform two full-time jobs, it may deny the petition. Therefore, if an H-1B worker has a full-time job with Company A, it might be more practical for Company B to apply for a part-time concurrent employment position.

Typically, full-time employment is considered 40 hours per week, unless the employer can demonstrate that fewer hours constitute full-time work in their business practice. However, less than 35 hours per week is generally not considered full-time employment.

Can an H-1B Worker Work Part-Time for Multiple Employers?

Yes, an H-1B worker can hold two part-time positions under concurrent employment. Any work totaling less than 35 hours per week is regarded as part-time.

Can I work for Multiple Employers on H1B Remotely?

Yes, H-1B workers can work remotely for multiple employers. Both employers must ensure that the Labor Condition Application (LCA) and H-1B petition accurately reflect the remote work location. Additionally, all LCA posting requirements must be met, including notifying other employees about the H-1B worker’s employment conditions, even if remote. Employers must also comply with state and federal labor laws and consider any tax implications related to remote work.

When Can a Concurrent H1B Petition Be Filed After an H-1B Registration is Selected in the Lottery?

After an H-1B registration is selected in the lottery, the petition with Company A must be approved, and the worker must obtain H-1B status (starting no earlier than October 1st of that fiscal year) before Company B can file for concurrent employment.

Can a Worker Not Selected in the H-1B Lottery Work for a Cap-Exempt Employer and Have a Cap-Subject Employer File for Concurrent Employment?

Some employers, such as higher education institutions, related non-profit entities, non-profit research organizations, and government research organizations, are exempt from the H-1B cap. If a foreign worker secures a job with a cap-exempt employer, they can subsequently have a cap-subject employer file for concurrent H-1B employment.

It’s important to note that if the employment with the cap-exempt employer ends, the worker cannot continue working for the cap-subject employer without obtaining an approved H-1B petition through the normal cap process.

Frequently Asked Questions

You can hold H1B status with multiple employers, even if the jobs are in entirely different fields. However, you must provide the same level of documentation for the second job as you did for the primary H1B application. Additionally, the second employment must meet the H1B visa’s specialty occupation requirements.

You need to find an employer who can sponsor you and file a ‘concurrent’ H1B petition on your behalf. You cannot submit the application directly to USCIS on your own.

When filling out the DS-160 form for visa stamping, you should include details about the primary H1B, which involves full-time employment. Make sure to provide comprehensive information about this primary position, as it is crucial for the visa application process.

You can begin working for the second employer once you receive the USCIS receipt. There’s no need to wait for USCIS approval.

There is no restriction on the number of hours you can work with a concurrent H1B. You can work up to 40 hours a week for each of your primary and secondary H1B positions separately.

Yes, it is legally permissible to have two full-time concurrent H1Bs and work from home for both positions. However, the approval chances for the second full-time H1B are low unless USCIS is convinced that you can actually work 80 hours per week.

A Concurrent H1B must also qualify as a specialty occupation. It needs to fulfill all the requirements of a standard H1B petition, including having an employer-employee relationship, detailed project information, and client letters.

USCIS does not directly notify your primary H1B employer (Employer A) about your Concurrent H1B with the second employer (Employer B). You are also not required to inform Employer A about Employer B. However, Employer B must be made aware of your H1B with Employer A because Employer B needs to specify in their H1B application that it is a ‘CONCURRENT’ H1B.

There is no official limit on the number of Concurrent H1Bs you can hold simultaneously. However, you should be mindful of the total number of hours you plan to work each week, as USCIS may not approve the concurrent H1B if they believe it is not feasible to meet your claimed work hours.

You do not need to obtain a separate visa stamp for your concurrent H1B job. A single valid H1B visa stamp in your passport is enough for re-entry into the USA after traveling abroad. However, you should carry the following documents as proof: the USCIS I-797 Approval Notice for the second concurrent H1B, the three most recent pay stubs for each H1B job, and an employment verification letter from each employer.

The filing fees for a concurrent H1B are the same as those for a standard H1B application. Premium processing is also available.

You can have both L1 and H1B work visas simultaneously, but you can only use one of them at a time for employment in the USA. You cannot use both visas concurrently for multiple jobs.

You can hold both an H4 EAD card and an H1B visa simultaneously, but you can only use one for employment in the USA at a time. The H4 EAD is only valid if your I-94 shows your status as H4. You cannot maintain more than one status simultaneously in the USA.

I140 processing is not affected by multiple H1Bs.

You cannot submit concurrent H1B applications during the lottery process. To apply for a concurrent H1B, you must first go through the H1B quota and be selected in the lottery. After securing H1B lottery selection and entering the USA, you can then file for a secondary H1B as a concurrent H1B.

TAGS：

Green Card, H-1B, OPT VISA

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