Yes, it is possible to get an H1B visa for a part-time job. This is confirmed in the regulations at 20 C.F.R. 655.730(c)(6). The Department of Labor considers “full time employment” to begin at 35 hours per week, so any employment arrangement with a lower number of work hours would qualify as part time positions.
It is also possible to work for multiple employers while you are on an H1B, provided that the position with the second employer also qualifies for H1B and the second employer agrees to file a separate LCA (Labor Condition Application) and H1B petition and complies with all requirements. This is called concurrent employment on H1B. Please note, though, that you can only enter the “cap lottery” through one employer.
The doctrine of H1B portability also allows a worker already on H1B to start working for the second employer as soon as the concurrent H1B petition for the second job is filed with USCIS.
The initial process of going through the H1B “cap lottery” may be difficult, but once an applicant is selected and is approved for their first H1B visa, during the 6 years allowed on the H1B visa, it is a relatively straightforward process to change employers or to add a new part-time position on top of the applicant’s original H1B work arrangement.
For FY 2024, the H1B cap registration period runs from March 1, 2023 to March 17, 2023. Attorneys at Scott Legal have experience assisting a wide variety of employers and beneficiaries throughout the H1B petition process and would be happy to help.
Related posts:
https://legalservicesincorporated.com/h-1b-visa/
https://legalservicesincorporated.com/immigration/frequently-asked-questions-about-the-h1b-visa/
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