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Can I hold two jobs while on an H-1B visa?

On Behalf of | Dec 15, 2022 | Immigration Law

The H-1B visa is an employer-facilitated visa that allows foreign nationals to legally work in specialty occupations in the U.S. A holder of this visa must have at least a bachelor’s degree or its equivalent in a specific or related field.

If you are a holder of an H-1B visa, one of the questions you might have is whether you can work multiple jobs while on this visa. Well, the simple answer is, YES, you can. However, for this to happen, you must first obtain a Concurrent H-1B visa through your subsequent employers.

So how does a Concurrent H-1B visa work?

As a foreign national on a valid H-1B visa, you may legally work for multiple H-1B employers provided that the additional employers petition for a concurrent H-1B. Basically, this is a petition by subsequent employers seeking authorization to let you work for them under your current H-1B status.

While applying for the Concurrent H-1B, your new employer must follow all the regular steps of filing an H-1B petition that includes obtaining the Labor Condition Application (LCA) from the Department of Labor and submitting the petition to the United States Citizenship and Immigration Services (USCIS).

Requirements for Concurrent H-1B

Just like the original H-1B petition, the Concurrent H-1B must meet the following requirements:

  • The job must fall within the specialty occupations (engineers, accountants, attorneys, IT specialists and healthcare professionals among others)
  • The position must require knowledge, both applied and theoretical, that is almost exclusively obtained through higher education studies.
  • The position must require a specific course of study that directly relates to the role
  • The candidate must attain a bachelor’s or higher degree (or its equivalent)

The rules regarding what you can, and cannot, do while on H-1B visa can be confusing. And since this visa can be quite difficult to obtain, the last thing you want is do something that can jeopardize your status. Find out how you can safeguard your interests while on an employment visa.