H-1B Visa – 2nd, Concurrent, Part Time

H1B visa workers may be employed by more than 1 employer concurrently. 

A typical scenario is 1 full time employer and 1 part time employer.

If the H1B visa worker will continue to work for their employer while commencing new employment for a second employer, the second employer must file an H1B visa petition requesting extension of H1B visa status of the worker.

The employee can start working for the second employer once the H-1B petition is filed with and received by USCIS.

The 2nd concurrent H1B visa petition position must still be a specialty occupation requiring a relevant bachelor ’s degree or foreign equivalent.

If one employer is cap subject and the other employer is cap-exempt:

Based on the January 17, 2017 USCIS memo, if the concurrent cap-exempt employment ceases before the end of the petition validity period of the cap-subject employment, and the H-1B nonimmigrant worker is not otherwise exempt from the numerical limitations, USCIS may revoke the approval of the cap-subject concurrent employment petition.

Given that USCIS policy is that the concurrent cap-subject employment “may be revoked” we recommend that the concurrent cap-subject employment cease if the cap-exempt employment ceases.