Can A H-1B Holder Work for Two Employers?
New Situation:
The COVID-19 pandemic has forced employers and employees to quickly modify work hours and often pay. New work arrangements and reduced pay have left some H-1B workers wondering whether they can work for multiple H-1B employers at the same time.
It is really possible to work for two employers, if the second employer files Concurrent H-1B for you.
What Do I Need to Do to File a Concurrent H-1B?
- If you have a valid H-1B status with Company A, Company B can file for Concurrent H-1B for you
- Company B must obtain a certified Labor Condition Application (LCA) from the Department of Labor and file its own separate H-1B petition with USCIS
- Company B would have to check, “New concurrent employment” on Form I-129 as shown below
Is There a Limit To the Number of Employers Can I Work for in H-1B, Using the Concurrent Employment?
- Technically speaking, as many as you want
- Remember, you have to maintain H-1B status throughout employment
- Hence, you must be realistic about how many hours per week, you are required to work for each of H-1B employer
Can I Work Two Full Time Jobs for 2 H-1B Employers Through Concurrent Employment?
- An H-1B worker can Technically have 2 full-time positions under concurrent employment
- However, it is possible that USCIS will deny the concurrent H-1B petition for full-time employment if it does not appear possible to work 2 full-time jobs
- Note a full-time workweek is 40 hours, under no circumstance, it could be less than 35 hours
- Hence, it will be prudent for company B to file for concurrent part-time employment than a full-time employment
Can an H-1B worker Work Part-Time for 2 H-1B Employers Through Concurrent Employment?
- Yes, as an H-1B worker, you can hold 2 part-time positions under H-1B concurrent employment
- Anything less than 35 hours per week is considered part-time employment
- As an H-1B worker can also work remotely for multiple H-1B employers as long as an LCA and H-1B petition are properly filed to include the remote work location
- All LCA posting requirements should be met
What are the Requirements for Concurrent H-1B Employment?
The requirements are the same as any other H-1B petition:
- For example, company B is still required to establish that a bona-fide employer-employee relationship exists
- All prevailing wage requirements are met
- The position is a specialty occupation
- Requiring at least a Bachelor’s degree in a field related to the position
- The H-1B worker must also qualify to accept the job offer in the specialty occupation by:
- Demonstrating completion of a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university, or
- Holding a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation, or
- Having education, training, or progressively responsible experience in a specialty occupation that is equivalent to the completion of such a degree
- H-1B worker should provide unrestricted state license, registration, or certification, authorizing the worker to fully practice the specialty occupation, when. required
What Should be the Order and Timing for Filing the Concurrent H-1B?
- You cannot file concurrent H1B applications at the time of the lottery
- Lottery application means that you need to go through the H1B quota at-least once.
- An H-1B petition for concurrent employment can be filed once the initial H-1B petition with company A is approved and the individual is in valid H-1B status (beginning no earlier than October 1st )
Can I Work in H1B status For Two Different employers if The Jobs are in Completely Different Fields?
- You can work with multiple employers on H1B even when the jobs are in completely different fields
- The expertise has to be proved with the same level of documentation as used for the primary H1B application
- The second employment also should be eligible for an H1B visa’s specialty occupation criteria
When Can Start Working for the Concurrent H-1B Employer(2nd)?
- You can start working for the second employer on the USCIS receipt
- There is no need to wait for USCIS approval
Does Primary H1B Employer Have to Informed About my Second H-1B Employer?
- USCIS does not explicitly send information about second employer B’s concurrent H1B to primary H1B (first employer A)
- You are also under no obligation to inform your primary H1B employer A about employer B
- However, Employer B has to be informed about Employer A’s H1B. This is because Employer B has to specifically mention it in the H1B application that is a “Concurrent” H1B.
What is Concurrent H-1B Fee?
- The concurrent H1B filing fees is same as a standard H1B application
- Premium processing is available too
Is my I-140 Processing Affected by Concurrent H1B?
I140 processing is not affected by multiple H1Bs
Is Concurrent H1B Visa Stamping Required?
- You do not need to apply for a “second stamping” for your concurrent H1B job
- You should mention the primary H1B with full-time employment on DS 160 form for visa stamping
- It is sufficient that you have one valid H1B visa “stamp” in your passport to re-enter the USA, if you travel outside
- You should carry the Following as Proof Though:
- 2nd concurrent H1B’s USCIS i797 Approval Notice
- Three most recent pay stubs for each H1B job
- An employment verification letter by each employer
Please Note:
- Concurrent H1B is different than two separate H1B approvals which you normally have in case you get H1B transfer approved along with the extension
- It is not possible to work for two employers with a L1 and H1 as you cannot have more than one status at one time in USA
- As soon as you join a new employer, they report your employment to USCIS by filling form I-9
- Do not remain under the illusion that USCIS will not get to know your new employment start date
- Your payroll will leave traces of information too as taxes are reported to IRS using your SSN
- US embassy may hand you form 221g if they suspect any foul play with the Immigration laws
Each situation is different and requires careful legal analysis to ensure the best outcome for your case.
If you are an H-1B worker who is contemplating concurrent H-1B employment and have questions, you can schedule a consultation with us:
Schedule a call at 469-994-9407 or contact us using the form.