What is a Concurrent H1B Visa?

If you’re on an H-1B visa, you already know that your work authorization is tied to a specific employer who sponsored your visa. But what if another employer offers you a job opportunity? Can you legally work for multiple employers while on an H1B visa?

The answer is yes—through something called Concurrent H1B employment. This allows you to work for more than one U.S. employer at the same time, as long as each employer files a separate H1B sponsorship petition on your behalf.

In this blog post, we’ll break down how concurrent H1B works, who qualifies, and what you need to know before applying.

Immigration Attorney Explains Concurrent H1B Visas

What Is a Concurrent H1B?

A concurrent H1B is a special type of visa that allows you to keep your primary H1B job while working for another employer. It’s different from transferring your H1B because it doesn’t replace your current visa status. Instead, it allows you to hold multiple H1B roles at once.

Your new employer will need to file their own separate H1B petition for concurrent employment, and as long as your primary H1B visa is already approved, you’re not subject to the H1B lottery again. However, each job must qualify as a “specialty occupation,” which generally means the role requires at least a bachelor’s degree in a relevant field.

Example Scenarios of Concurrent H1B

Software Developer with a Startup Side Hustle
John is a full-time software developer for a well-known tech company in Silicon Valley. He has a passion for helping startups and wants to take on a part-time role to build their app. Assuming the start up has sustainable operations and meets the government criteria,  by applying for a concurrent H1B, John is able to continue his main job while legally working for the startup, all without needing to go through the lottery again.

Healthcare Professional Pursuing Teaching While Practicing Medicine
Sarah, a medical researcher with a full-time job at a hospital, is invited to teach a few classes at a local university. Her new part-time role at the university qualifies as a specialty occupation under H1B guidelines. Sarah applies for a concurrent H1B petition, allowing her to maintain her full-time medical career while pursuing her passion for teaching without compromising her visa status.

These scenarios show how flexible a concurrent H1B can be, letting you balance multiple career opportunities without risking your status. If you’re exploring this option, Manifest Law can guide you through the process

How to Apply for a Concurrent H1B

Applying for a concurrent H1B is very similar to the process of applying for a standard H1B visa, with a few additional steps to indicate concurrent employment. 

Here’s an overview of the process:

Step 1: Find an employer/sponsoring entity: The new company or entity must be willing to file a petition on your behalf.

Step 2: File an LCA (Labor Condition Application): The employer submits an LCA to the Department of Labor (DOL) to ensure compliance with wage and work conditions.

Step 3: Submit Form I-129: The employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, specifically indicating that this is a concurrent H1B petition.

Step 4: Receive approval: If USCIS approves the petition, you can start working for the new employer in addition to your primary job.

Who Qualifies for Concurrent H1B?

If you’re considering applying for a concurrent H1B, here’s what you need to know:

• You must already have an approved H1B with your primary employer.
• Your new job must be in a specialty occupation, requiring a bachelor’s degree or higher in a relevant field.
• Your new role must make sense hours-wise. You can’t have two full time jobs. 
• Your new employer must file a separate H1B petition that specifically states it’s for concurrent employment.
• You must continue working for your primary employer while taking on the new job.

While there’s no set limit on how many concurrent H1B sponsorship jobs you can hold, each job must comply with the H1B visa requirements, and you’ll need to meet all obligations for both roles.

FAQs About Concurrent H1B

Can my concurrent H1B employer sponsor my green card?

Yes, your concurrent employer can sponsor your green card, but they will need to start a separate green card process. This includes filing a PERM labor certification and I-140 petition.

Is there a minimum number of hours required for a concurrent H1B job?

There’s no minimum number of hours, but each job must still meet the requirements for a specialty occupation.

Can I work part-time on a concurrent H1B?

Yes, you can work part-time for your concurrent employer and it is generally preferable, as long as the position qualifies as a specialty occupation.

Do I need to tell my primary employer about my concurrent H1B job?

There’s no legal requirement to inform your primary employer, but check your employment contract and any relevant state, federal, or local laws/regulations to see if there are any restrictions on outside employment.

What happens if my concurrent H1B job ends?

If your concurrent H1B job ends but your primary job remains active, your visa status is unaffected.

How Manifest Law Can Help

Manifest Law offers expert assistance with filing and managing H1B petitions, offering guidance on work authorization and visa transfers, and addressing any legal concerns to help maintain your status. 

If you’re considering applying for a concurrent H1B or need advice on immigration, request a consultation and get the support you need.