Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

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H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations.  This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years.

Can I work part-time on an H-1B status?

Yes. The H-1B employee can be in the U.S. on an H-1B status and work part-time.

Can I work for 2 different employers in the U.S. on an H-1B status?

Yes, the H-1B worker can work for 2 different employers. However, each employer will have to file a separate H-1B petition with USCIS.

Can I pay H-1B employee an hourly rate?

Yes, the H-1B worker can be paid an hourly rate instead of fixed salary per year. Please note, that the H-1B employer would still have to pay the H-1B worker the required wage per hour (please note that the Foreign Labor Certification Data Center website always lists the prevailing wage per hour/per year, so you should check what the prevailing wage for a particular position is on that website).

Please note that on Form I-129, you will also have to specify how many hours per week is the H-1B worker required to work.

Can I switch from part-time to full-time and vice versa?

Yes, but the H-1B employer would have to file a new Labor Condition Application and file an amended petition with USCIS.

Please click here to read our blog post if your place of employment is about to change.

Please click here to read our blog post about the H-1B application process.

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We are happy to offer our H-1B / E-3 visa guide that describes the H-1B / E-3 visa requirements, and other advise to assist with your visa application.
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