The H1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. To qualify for an H-1B, the job must require a bachelor’s degree as a minimum entry requirement for the position and the beneficiary (the foreign worker) must have a bachelor’s degree or equivalent. The petitioner (the U.S. company) can employ the worker for up to six years. The H-1B visa allows for concurrent employment, meaning it is possible for someone on an H-1B to have two employers.
What are the requirements for obtaining an H1B for concurrent employment?
If you are in the U.S. on a H1B and you want to take a second job, your new employer will need to file an H-1B petition on your behalf with U.S. Citizenship & Immigration Services (USCIS). You must still meet all the regular H-1B requirements. The employer must still file a Labor Condition Application and comply with all the H1B requirements and the second job must qualify as a specialty occupation. You must also be able to prove to USCIS that you will be able to perform the work for both positions. The most common scenario is one where the H1B employee is getting a second, part-time job. It is not explicitly prohibited to try to get an H-1B for a second, full-time job, but it may be difficult to convince USCIS that you have the ability to work two full-time jobs.
Can I take a second job with a cap-subject employer if I am on a cap-exempt H1B?
Yes. Some employment is considered statutorily “cap-exempt” which means that the visa is not counted against these numerical limitations. Specifically, employment with an institution of higher education, nonprofit research organizations, or government research organization is not subject to the cap. Additionally, nonprofit organizations that are related or affiliated with institutions of higher education are also not subject to the cap. If you are working for a cap-exempt employer, you can be sponsored for a concurrent H1B visa by a cap-subject employer. However, you must prove to USCIS that you will continue to work for your cap-exempt employer. Additionally, your employment with your cap-subject employer will be limited to the end date of your employment with your cap-exempt employer.
Can I take advantage of H1B portability for concurrent employment?
Yes. H-1B portability allows H-1B workers who are already in the U.S. in valid H-1B status to start working for a new employer after the H1B petition is filed. This also applies to concurrent employment.
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