What is a Concurrent H-1B 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 H-1B visa?

The answer is yes—through something called concurrent H-1B 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 H-1B sponsorship petition on your behalf.

In this blog post, we’ll break down how concurrent H-1B works, who qualifies, and what you need to know before applying.

Immigration attorney explains concurrent H-1B visas

What is a concurrent H-1B?

A concurrent H-1B is a special type of visa that allows you to keep your primary H-1B job while working for another employer. It’s different from transferring your H-1B because it doesn’t replace your current visa status. Instead, it allows you to hold multiple H-1B roles at once.

Your new employer will need to file their own separate H-1B petition for concurrent employment and go through the H-1B lottery process, unless they petitioning for a cap-exempt job. 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 H-1B

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 H-1B, John is able to continue his main job while legally working for the startup.

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 H-1B guidelines. Sarah applies for a concurrent H-1B 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 H-1B 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 H-1B

Applying for a concurrent H-1B is very similar to the process of applying for a standard H-1B 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: The employer submits a Labor Condition Application 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 H-1B 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 H-1B?

If you’re considering applying for a concurrent H-1B, here’s what you need to know:

• You must already have an approved H-1B 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. While it’s legally possible to have multiple full-time jobs, USCIS will look more closely at your petitions.
• Your new employer must file a separate H-1B 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 H-1B sponsorship jobs you can hold, each job must comply with the H-1B visa requirements, and you’ll need to meet all obligations for both roles.

How Manifest law can help

Manifest Law offers expert assistance with filing and managing H-1B 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 H-1B or need advice on immigration, request a consultation and get the support you need.

FAQs about concurrent H-1B

Can my concurrent H-1B employer sponsor my Green Card?

Yes, your concurrent employer can sponsor your Green Card, but they will need to start the Green Card process themselves. This includes filing a PERM labor certification and I-140 petition.

Is there a minimum number of hours required for a concurrent H-1B 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 H-1B?

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 H-1B 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 H-1B job ends?

If your concurrent H-1B job ends but your primary job remains active, your visa status is unaffected.