Immigration Solutions

2nd Concurrent H-1B Visa

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 first H-1B employer while commencing new employment for a second employer, the second employer must file a concurrent 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.

Concurrent cap-exempt employment:

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.