Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a "Concurrent H1B."
For the benefit of H1B employees who are interested in working with multiple H1B employers, we present here an overview of the Concurrent H1B and the key elements that employers and H1B employees must keep in mind while working in the U.S. under a Concurrent H1B.
An H1B petition filed on behalf of a foreign national working in the U.S. under an H1B, seeking authorization to allow him to be employed in another job concurrent with his current H1B employment, is commonly referred to as "Concurrent H1B."
Foreign nationals who are maintaining valid H1B status can have a Concurrent H1B petition filed on their behalf by a new employer so that the H1B holder can work for more than one employer at the same time.
Peter, an Irish national, is in valid H1B nonimmigrant status. He works full-time as an Accountant at a mid-sized accounting firm. He would like to make some extra money and has been offered a job for 10-15 hours a week as an in-house Accountant at a medium sized business. Can he take the job?
If the new employer can show that Peter’s proposed part time H1B job is a specialty occupation and requires someone with at least a Bachelor’s degree in Accounting, then the employer should be able to file a Concurrent H1B on behalf of Peter. He can begin working for the new employer as soon as the petition is filed.
The Concurrent H1B petition must meet all the requirements of regular H1B petition. The employer needs to show that:
There is no statutory limit on how many Concurrent H1B’s an individual can hold simultaneously. However, the H1B worker should be careful to show that he or she is not working too many hours and is maintaining valid H1B status at all times.
USCIS may not approve a H1B concurrent employment for a full-time position if the employee is already working full-time for the main H1B employer.
The concurrent H1B position(s) need not be in the same occupational category or specialty occupation as the first position. All that matters is that concurrent position is a specialty occupation and that the H1B worker is qualified for the position.
An H1B worker working for an H1B cap-exempt employer can concurrently work for a cap-subject employer and can continue to work for the cap-subject employer even if he or she leaves the cap-exempt employer.
The H1B worker, however, will not be able to extend the H1B concurrent employment unless he or she is working for a cap-exempt employer as the primary H1B.
Jane, a Venezuelan national, has degrees in Economics and Writing. She is working for an Economic think tank, which is a non-profit organization, as a grant writer. As a non-profit organization that has an affiliation with a university, the organization is cap-exempt. Jane has never previously been chosen in the H1B cap. She has been now offered a job as an Associate Editor for a small journal. Its several months to go until April so an H1B cap petition cannot be filed on her behalf at the present time. However, the journal needs her to start immediately. What can Jane do?
After much discussion with both the Journal and the non-profit organization, Jane decides that she will work for both organizations for 20-25 hours/week. The non-profit organization files an H1B amendment to amend Jane’s hours from full-time to 20-25 hours/week. Then the journal files a Concurrent H1B so she may begin working there as well.
Although the 2 jobs are in different occupational categories, Jane is qualified for both positions as she has degrees in both Economics and Writing.
Note: In April, the journal can file an H1B Cap petition on Jane’s behalf if they would like her to work full-time for them or to make sure that she can continue working for them if she leaves her job with the think tank.
Changes in employment, which can include changing work location, requires notifying USCIS to ensure that the H1B worker maintains valid nonimmigrant H1B status. This is true even for the concurrent H1B position.
Miriam, a national of Ethiopia, is in H1B status. She works for as a Financial Analyst for a small brokerage firm. She also teaches at a local community college on the weekend and some evenings. The job at the community college is the Concurrent position. She has just found out she will be laid off from the brokerage firm. She fears she will need to stop working at the community college when she loses her primary position
Although the H1B with the brokerage firm was her first H1B, Miriam does not have to stop working at the community college as the concurrent H1B continues to be valid. She can remain in the U.S. and continue to teach while she looks for new employment.