New work arrangements and small pay have left some foreign H-1B workers wondering if they can work for multiple employers simultaneously. You can, as long as the additional employer is willing to file a petition for a Concurrent H1B take up a specialty occupation requiring more than one status.
However, this is easier said than done because several requirements and procedures are involved that govern the employee and employer who want to make an H1B petition to concurrently work.
This article gives you a brief overview of the application seeking authorization for new concurrent employment and key elements that H-1B employers and employees must keep in mind working under a Concurrent H1B.
What to Note About Applying for Concurrent H1B and Working for Two Employers?
If you want to work for more than one employer, you must file a concurrent H1B visa application and prove that the position offered requires knowledge. You would have to go through the same H-1B application processes as filling out a Labor Certification Application with the Department of Justice.
You would also have to pay fees, maintain employer-to-employee relationships and have a minimum of a bachelor’s degree to work for your new employer on concurrent employment.
Also, as far as the H-1B regulations are concerned, you can work full- or take up part-time employment for one, or several employers, with the condition that each job qualifies as an H-1B occupation and your new employers are willing to take on the H-1B obligations within the statutory limit the position requires.
For example, when working multiple specialty occupations, your job with employer A and employer B must qualify as an H1B occupation. You will be denied a concurrent H1B visa if either of your jobs with employer A or employer B does not qualify.
You can begin working with your second employer as soon as the new H1B petition is filed and received by the USCIS. This means that the H-1B transfer rules apply where you don’t have to secure approval before working. However, H1B visa stamping is required for second employment after the H1B petition has been approved.
Lastly, the actual structure of the work and hourly limit depend on you and your new employer. There are no regulations regarding the working hours with new employers. However, for concurrent employers, the law requires notifying USCIS of the concurrent H1B visa petition.
After verifying USCIS receipt and getting the necessary USCIS approval, you can proceed to your work location. Applicants must review their H1B status to be sure such H1B status reflects the right to re-enter based on the work visa.
The Concurrent H1B – Important Things to Note
One of the important things to note is that part-time workers usually work on contract — but this isn’t allowed for H-1B workers. To file for a concurrent H-1B, remember that it requires an employer-employee relationship.
Thus, it would be best to ensure that you would be on the employer’s payroll and receive a W-2 document to prove it. In the future, you may need to show it when extending your H-1B status or during your green card application. If you can do this, then you aren’t necessarily working part-time.
Secondly, when you add your part-time or second job to your current job, you will have to indicate the change in your number of working hours.
Thirdly, your new position will require theoretical and applied knowledge obtained through studies at an institution of higher learning. If the intended job directly relates to your current H-1B employment, you’re good to go.
Lastly, the USCIS may not permit an H-1B concurrent employment for a full-time position if the employee already has a full-time job with their main H-1B employer.
A Foreign National Working Multiple H1B Jobs at the Same Time In Different Fields (Concurrent H1B)
For multiple jobs in a specialty occupation, it isn’t compulsory for the concurrent H-1B position to be in the same occupational category or similar to your first job. You can have different jobs in various fields across several industries.
What’s necessary is that the concurrent position is a specialty occupation and that the concurrent H1B worker is well-qualified for the position. If your employer deems you qualified, then you’re free to work.
What Jobs Are Allowed or Prohibited Under the 2nd Concurrent H-1B Visa?
For the second concurrent H-1B visa, you can work multiple jobs in different fields as long as you meet the academic requirements. You may be denied a concurrent visa status if you already work full-time and wish to do the same for your second employer. Employment is considered a full-time one when it consists of 40 hours of work weekly.
On a second concurrent H-1B visa, it is prohibited to:
- Do any work in cash or on 1099
- Do menial work
- Cooking and selling food
- Do contract jobs
- Run websites, make permanent investments, and make money by showing Google Ads or other ads.
- Work auxiliary jobs like Airbnb, Uber, Lyft, and Uber Eats.
The Concurrent H1B – How To Work For Multiple H1B Employers
The USCIS allows H-1B holders to work multiple jobs if they have explicitly applied for concurrent H1B. Concurrent H-1B differs from two separate H-1B approvals, which holders often get if they get an H-1B transfer approved along with the extension.
Concurrent Transfer and the Extension of H-1B Employment
Changes in employment such as transfer or extension of H-1B status always require the notification of the USCIS. This ensures that the H-1B worker retains a valid non-immigrant H-1B status or a concurrent H-1B position.
If the change in employment comes due to a layoff in the main H-1B position or cap exempt, the H-1B worker still retains their status and can continue working for the H-1B concurrent employer, you just have to specifically mention it in your application.
Can An H-1B Holder Work for Two Employers On a Specialty Occupation?
Yes. An H-1B visa holder can work for two or more employers. Of course, this is only possible through the second concurrent H-1B application. The H-1B visa holder will have to file an H-1B petition to the USCIS via their new employer to work both jobs. You must have a higher degree in that field and must be working for a cap-subject employer or a cap-exempt employer.
Like the H1B visa transfer procedure, you can be eligible for work as soon as all fees are paid and the USCIS receives the filling for the concurrent H-1B status. Keep in mind that you’ll need to satisfy all the requirements in getting your second job as you did with the first position.
When all the necessary approvals have been exclusively obtained by foreign nationals who want to take up new employment with cap subject employers you can have two H1Bs that you can hold simultaneously.
Contact Herman Legal Group Today!
The 2nd concurrent H1B is commonly referred to by many, but only a few get through with the application process. If you are one of those struggling to understand the minimum requirement, the specific course to take, and anything else that relates directly to working for your first employer and another, you need an immigration attorney.
With the help of one, you can work with a new employer wishing to take you on full-time employment without falling victim to the too common misconception about 2nd Concurrent H1B.
At Herman Legal Group, we have over 26 years of experience handling immigration issues for many like you making us the best. To help you, you can schedule a consultation with us by calling +1-216-696-6170, or book online.
Conclusion
While getting a concurrent H-1B status generally looks straightforward, it does have several nuances that employers and employees must keep in mind. A concurrent H-1B petition for even a part-time H-1B employment won’t be granted because an H-1B petition already exists on the same level. Thorough preparation and application are essential to secure a Concurrent H1B visa.
