News

Working for Multiple Employers on a Concurrent H1B Visa

Congratulations! You’re one of the lucky ones who were selected in the H-1B visa lottery and you’ve started working for your employer. Being the hard-working person that you are, you start wondering “Can I take a second, part-time job while I’m on my H-1B visa?” The answer is “yes” but with a few caveats – let’s explore:

An H-1B beneficiary is permitted to take a second job so long as she maintains H-1B status with the primary H-1B employer. The concurrent job can be part-time – in fact, it would be best if the second job is part-time since two full-time H-1B jobs may raise red flags with the USCIS. The employee can start working for the second employer once the H-1B petition is filed even before a decision is made by the USCIS.

The concurrent job also does not have to be in the same occupational category as the first occupation. The key is that the concurrent H-1B is still a specialized occupation requiring at least a bachelor’s degree and that the beneficiary possesses that degree. If the second position is in an occupation that does not require a bachelor’s degree or if it requires a bachelor’s degree that the beneficiary does not possess, then the H-1B will not be approved.

Example

Grace has a bachelor’s degree in Finance from NYU and is working full-time as a Financial Analyst in H-1B status with Employer A. Employer B is a startup company and wants Grace to work part-time as a Budget Analyst. Employer B can file an H-1B petition seeking to have Grace work part-time concurrently while still maintaining her employment with Employer A. If the position was for an office manager, the H-1B would not be approved because the position does not require a bachelor’s degree. Similar, if the position was for a software designer, the H-1B would not be approved because Grace’s degree is unrelated to the occupation.

Contact the law firm of Maximilian Law Inc. if you have any questions regarding U.S. immigration.