During the H-1B period, you may work for multiple employers simultaneously, but it requires a concurrent H-1B. This article explains the application process and restrictions for concurrent H-1B.
What is Concurrent H-1B?
The H-1B work visa is tied to the employer. If you are working for Employer A on an H-1B visa and another Employer B also wants to hire you simultaneously, Employer B can apply for another H-1B for you (without going through the lottery again). The H-1B visa used for working with Employer B is called a "concurrent H-1B," while the H-1B used for working with Employer A is called the "primary H-1B."
How Many Concurrent H-1B Visas Can an Individual Hold?
There is no legal limit set by USCIS on the number of concurrent H-1Bs an individual can hold. However, the concurrent H-1B must comply with time limitations. Typically, individuals with concurrent H-1Bs have one full-time job and one part-time job.
Theoretically, having two full-time jobs is not prohibited, but it is challenging to get approval due to the impracticality of working 80 hours a week. From USCIS's perspective, such an arrangement is unreasonable. Therefore, if an employee is already working full-time for their primary H-1B employer, USCIS is unlikely to approve another full-time concurrent H-1B application from a different employer.
Application Process and Requirements for Concurrent H-1B
The application process for concurrent H-1B is similar to that for primary H-1B, including obtaining an LCA from the Department of Labor and submitting the petition to USCIS. The required application fees and documentation are the same. The only difference is that when the attorney completes the form, they will select the "concurrent H-1B" category and specify your weekly work hours.
The Concurrent H-1B application must meet all the requirements of the primary H-1B application. The employer must demonstrate that:
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The job position for H-1B requires specialized skills, which are obtained through higher education.
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The position is related to the applicant's field of study.
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A minimum of a bachelor's degree is required for the position.
Once the concurrent H-1B is approved, the applicant can start working for the concurrent H-1B employer. If the application is denied, the H-1B worker must stop working for the second employer but can continue working for the current employer.
Q&A
1. Does the concurrent H-1B have to be in the same occupational category as the primary H-1B?
No, the concurrent H-1B position does not need to be in the same occupational category as the primary H-1B position. The key requirement is that the concurrent H-1B job belongs to the category of speciality occupation, and the H-1B employee is qualified for it.
2. Are there any requirements regarding the profit or non-profit status of the employer for concurrent H-1B?
There are no restrictions on the type of employer for concurrent H-1B. For example, if you obtain a cap-exempt H-1B through a non-profit employer (Employer A), any type of employer can apply for a concurrent H-1B on your behalf. This concurrent H-1B is based on your cap-exempt H-1B, so you do not need to go through the lottery again as long as employer B is willing to submit the petition.
If you leave your non-profit employer A, your primary cap-exempt H-1B will become invalid, but your concurrent H-1B will still be valid. You can continue working for employer B. However, since your concurrent H-1B is tied to your primary H-1B, your concurrent H-1B cannot be extended if it expires.
3. Do I need to report changes in job duties while working on a concurrent H-1B?
Any significant changes in job duties for the concurrent H-1B must be reported to USCIS through an H-1B amendment. If your employment with your primary H-1B employer is terminated while you hold a concurrent H-1B, you must notify USCIS immediately.
4. Do I need to inform my primary H-1B employer about the concurrent H-1B?
The primary H-1B employer will not know that you are applying for a concurrent H-1B. Generally, you are not required to inform your primary H-1B employer unless there are specific company policies. Whether to inform them depends on your individual circumstances.