The H1B visa, issued by the United States Citizenship and Immigration Services (USCIS), is a non-immigrant visa that permits foreign professionals to engage in specialty occupations within the U.S. Generally, an H1B visa holder can work in the U.S. for three years, extendable by another three, totaling six years. If an H1B visa holder has not filed a PERM labor certification or an I-140 petition within 365 days before their six-year limit expires, they must leave the U.S. One of the advantages of the H1B visa is its allowance for dual intent, meaning holders can apply for permanent residency without jeopardizing their H1B status.
Holding an H1B visa is crucial for many to work and stay in the U.S. legally, especially for international students, as it often represents the only viable pathway to long-term employment in the U.S. However, H1B visa holders must adhere to specific regulations to maintain their legal status.
Many H1B holders wonder if they can have two or more jobs in the U.S. This article will address this question by discussing the possibility of Concurrent H1B employment.
|
Table of Content |
Concurrent H1B allows H1B employees working in the U.S. to hold another job simultaneously with their current H1B employment. Once the Concurrent H1B application is submitted to USCIS and received, the foreign employee can immediately start working for the concurrent employer, without waiting for USCIS approval.
Those with Concurrent H1B will have both a Primary H1B (unaware of the second employer) and a Secondary H1B (where the I-129 form must specify the primary H1B employer). It is crucial to note that having a Concurrent H1B is different from having two separate H1B approvals.
For example, an H1B holder employed full-time as a software engineer for Employer A could also work as a systems consultant for Employer B if Employer B files a Concurrent H1B petition.
A Concurrent H1B application must meet all the regular H1B requirements. Your new employer must demonstrate that the position requires specialized knowledge obtained through higher education relevant to your field of study and that you possess at least a bachelor’s degree in the related field.
Both employers under a Concurrent H1B arrangement must also prove that they cannot find a U.S. worker with the same skills and qualifications.
New employers wanting to file a Concurrent H1B must follow the standard H1B process, including obtaining a Labor Condition Application (LCA) from the Department of Labor and submitting an application to USCIS. In this application, the new employer must also demonstrate that they will pay the prevailing wage corresponding to the H1B holder’s position.
When an H1B holder successfully applies for a Concurrent H1B and starts working two jobs, they must be cautious. If the primary employer revokes their H1B, the Concurrent H1B will also be terminated. Therefore, it is advised to consult with your current employer about part-time opportunities and ensure that taking a second job does not affect your existing H1B status. Additionally, many companies have restrictions on moonlighting, which requires permissions from both parties to proceed.
Legally, there is no limit to the number of Concurrent H1Bs one can hold. However, H1B holders must ensure that their total work hours remain reasonable to maintain valid H1B status.
In summary, while H1B holders are not restricted to employment with just one employer, maintaining legal status and complying with U.S. immigration laws is crucial. Any violation could lead to severe consequences, including visa cancellation and deportation. Therefore, if you are an H1B holder considering multiple employments, it is essential to thoroughly research and adhere to all legal requirements.