Can I Work For 2 Employers On An H1B Visa? Rules Explained
The rules around an H1B visa can be confusing. And because they’re so difficult to obtain, you don’t want to do anything to jeopardize your visa. We’ll explain what an H1B visa is, if you can have 2 H1B visas simultaneously and working multiple jobs on an H1B visa.
What is an H1B visa?
An H1B visa allows foreign workers to work legally in the U.S. on a temporary basis in specialized occupations. Some of those fields include:
IT professionals
Professors
Engineers
Healthcare professionals
Accountants
Financial analysts
Management consultants
Attorneys
Once a worker receives an employment offer, the employer will file their H1B visa petition as “Change of Status H1B.” The initial length of an H1B visa is typically three years, and that can be extended for a maximum of six years.
Holding an H1B and working for two companies
H1B visa holders are allowed to have “concurrent employment” so they can work for two companies. The second employer must file an H1B petition on behalf of the potential employee with the U.S. Citizenship and Immigration Services (USCIS). The potential employee must still meet the standard H1B requirements, and the employer must still file a Labor Condition Application and comply with all of the H1B requirements. The job must also fall under the category of a specialty occupation. The candidate must be able to prove they will be able to handle both positions.
So while it’s not expressly forbidden to work two full-time H1B visa qualified jobs, candidates may have difficulty proving to USCIS that they are capable of working two full-time jobs, which is tough for anyone no matter what their status or occupation! In most cases, the second job is a part-time position.
The H1B visa rules set a yearly cap on new H1B petition approvals. Because of the cap, many H1B eligible workers have to wait for an employer to be able to file a petition for them and then wait for the new fiscal year to begin, which happens on October 1, even after the petition is approved before starting the job.
Suppose an employee finds a second H1B job. In that case, the new employer will be allowed to petition for them immediately, even if the cap of H1B visas has already been met, as the employee has already been counted against the cap.
H1B and multiple jobs
What if an H1B employee wants to take on a non-qualifying job, part-time or full-time? While there is no limit on the number of jobs an H1B visa holder can have, all of those jobs must qualify as an H1B occupation, and each employer has to take on the H1B obligations. So no, H1B visa holders can only work in jobs that meet those requirements.
Upwardli can help
Going through the H1B process is exhausting and time-consuming. To say nothing of leaving home and moving to a new country with new rules, customs, and systems. And arguably, the U.S personal finance system is one of the hardest things to navigate for newcomers.
That’s where Upwardli comes in! Upwardli was created to help new arrivals learn, understand, and thrive in the U.S. financial system. We can help you learn the ins and outs of investing, banking, budgeting, and lots more. Upwardli can also help you build your credit history and connect you with financial service providers who understand the needs of those newly immigrated. When you need help, Upwardli is here for you!
