Immigration And Criminal Defense Lawyers

H-1B visa holders can have more than one employer

On Behalf of | May 2, 2023 | Immigration Law |

Working in the United States can present you with many opportunities, including attracting the attention of other employers. Given today’s economic situation, you may want to explore having multiple jobs, which can potentially increase income, job security, and career growth.

Fortunately, an H-1B visa permits people to hold multiple jobs at once. An H-1B visa should also allow you to begin working for the new employer as soon as the United State Citizens and Immigration Services (USCIS) receives your additional H-1B petition. However, knowing the requirements and restrictions before taking on another job can help ensure you abide by U.S. laws.

Requirements for concurrent employment

Your new employer must file a concurrent H-1B petition that meets the same criteria as your first petition. The employer must provide a valid job offer, be compliant with LCA wage requirements, ensure the position is a specialty occupation, and prove that there are not enough U.S. applicants.

As the employee, you must meet the requirements of the job by providing any of the following:

  • A U.S. bachelor’s degree or higher as required by the specialty occupation
  • A foreign degree equivalent to at least a U.S. bachelor’s degree
  • Demonstrate knowledge, training, or experience in the specialty area that is equivalent to the completion of a degree

Depending on your profession, you may also have to supply certification, licenses, or similar documentation showing authorization to practice the specialty occupation.

Limitations to working multiple jobs

There is no limit on how many jobs you can take under your H-1B visa. However, it does come with conditions that may restrict the number of employers you work for, such as:

  • The USCIS must approve all H-1B petitions
  • Each job you apply for must be related to your field
  • Your total hours must not exceed 40 hours per week

If your application was denied, you may have to stop working for the new employer and continue working for your original sponsor. The chances of receiving a denial may be higher if the USCIS finds that working two jobs while following U.S. labor and immigration laws will be difficult.

Many other issues may arise as you apply for a second employment opportunity. If you are considering accepting a second job offer and have any concerns, you may want to consult with an immigration attorney beforehand.