Concurrent H-1Bs: Is Working for Multiple H-1B Employers Allowed?
Although the vast majority of H-1B employers work for one single employer, H-1B employees can legally work for multiple H-1B employers at the same time. Let’s look at how concurrent H-1B employment works.
Why concurrent H-1B employment may be beneficial?
If an H-1B employee’s work hours are reduced from full-time to part-time, the employee may seek additional employment and have another employer file H-1B for concurrent employment, whether the additional employment is part-time or full-time.
Additionally, someone who was not selected in the H-1B lottery may qualify for H-1B with a cap-exempt employer and concurrently work for a cap-subject employer. Cap-exempt employers are (1) institutions of higher education, (2) non-profit entities related or affiliated with institutions of higher education, (3) non-profit research organizations, and (4) government research organizations. If an H-1B employee maintains employment with a cap-exempt employer, the foreign worker becomes eligible for H-1B with a cap-subject employer. It is important to note that the H-1B employee must maintain employment with the cap-exempt employer, at least until s/he is selected in the H-1B lottery.
Is a concurrent H-1B petition filed differently?
What is required for approval of a concurrent employment H-1B is the same as any other H-1B petition. The position must qualify as “specialty occupation,” the employee must possess the equivalent of a Bachelor’s degree related to the specialty occupation, the offered wage must meet the required/prevailing wage, etc.
The petition process is also the same as any H-1B except that Company B must select the option for “new concurrent employment” on the I-129 petition. The employee may start work with company B as soon as the H-1B petition is received by USCIS. If the H-1B petition for concurrent employment is denied, the H-1B worker must stop working for company B, but may continue working for company A.
There is no limit on how many employers an H-1B employee can work for at the same time. Concurrent employment may be two (or more) part-time positions, a part-time and a full-time position, or even two full-time positions.
Conclusion
Although immigration law allows concurrent employment, employees must be mindful of contractual limitations (if any) regarding employment with multiple employers, or other employer-employee confidentiality limitations. Finally, this article is meant to merely inform clients regarding the option of concurrent H-1B employment and clients who wish to further understand or discuss specifics should reach out to an attorney at ILG.