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The Concurrent H1B Fact Book
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In this article you will read about:

  • Basics about concurrent H1B
  • Concurrent H1B process
  • Concurrent H1B risks and advantages

An H1B foreign employee has the freedom to be employed by multiple employers simultaneously, as long as the additional employers are willing to file a petition for concurrent H1B. The process of filing for a concurrent H1B can be a little complicated because of all the filing and processing involved.

Let's take a closer look at the concurrent H1B application process, the requirements to be met, and important things to keep in mind while working under concurrent H1B status in the US. Before that, we recommend you to read Concurrent h1b FAQs to get more idea of why you will need one.

A Basic Definition of Concurrent H1B

A concurrent H1B is a petition filed on behalf of a non-immigrant worker who wishes to be employed under an additional employer while continuing their work under the current employer. The worker needs to have maintained their H1B status consistently to be able to qualify for this status. If they meet this condition, along with a few others, a new employer can file for concurrent H1B on their behalf.

There must be a valid H1B concurrent employment position and matching qualifications shown by the beneficiary to be eligible for concurrent H1B. As long as these conditions are met, there is no stipulation for the offered position being in the same category or field as the original position. The beneficiary can choose full-time or part-time employment under different employers on the condition that there is no contract involved (for the part-time employment) and a strong employer-employee relationship can be established.

Concurrent H1B working process

A foreign worker who has maintained their H1B status in the US consistently under Company A can approach Company B to file a concurrent H1B on their behalf. As with the original H1B petition, the new company needs to start with a certified LCA from the Department of Labor and file its own H1B petition. On the I-129, the new employer will need to choose the "New concurrent employment" option.

In a situation where concurrent H1B is denied, the foreign employer can no longer work for the new employer. Their status with the original employer will remain unaffected.

Concurrent H1B USCIS Requirements To Be Met

The petition for Concurrent H1B must be filed only when the following conditions are fulfilled, similar to requirements for the original H1B petition:

  • The H1B concurrent position requires theoretical and practical knowledge that an applicant can only gain through higher education pursued at a university, college, or similar institute of higher education.
  • A bachelor's degree, an equivalent, or a higher degree is the minimum requirement for the beneficiary to perform the H1B employment activities.
  • The job requires the beneficiary to pursue a specific course of study that relates directly to the field of employment.
  • Each employer applying for concurrent H1B must be willing to fulfill the obligations and meet the requirements for eligibility. The job offered must comply with H1B regulations.
  • Filing for concurrent H1B will also require strong evidence of an employer-employee relationship.
  • H1B workers should produce evidence of unrestricted permission to work like a state registration, license, or certification to perform the job role.
  • The worker should undergo an H1B stamping process once concurrent H1B has been approved.
  • All requirements for prevailing wages must be met.
  • New employers are not restricted by working hours regulations. But, concurrent employers need to notify USCIS of applications they filed for hiring employees through concurrent H1B.

Concurrent H1B Risks: What to Look Out For

Here are a few crucial points to note when applying for concurrent H1B. Keeping them in mind will significantly reduce your risk of losing your H1B status during the application process.

1. An employee hoping to get into a concurrent H1B status should not hold any of the following positions:

  • A 1099 freelance worker, independent contractor, etc., work paid for in cash.
  • Contract-based work.
  • Maid service.
  • Catering work or any form of cooking and selling food.
  • Maintaining websites or earning through Google Ads or similar ads.
  • Working for services like Uber, Uber Eats, Lyft, or Airbnb.
  • Remotely working from home for a company abroad.
  • Incorporating and working for your own business or company.
  • Certain stock market activities like day trading.
  • Active business participation.
  • Active business involving real estate.
  • Selling products like jewelry or clothing on platforms like eBay or Facebook.

2. H1B visa holders cannot engage in day trading, active business, and similar activities. You risk losing your H1B status if you engage in any of these practices. You can, however, show passive involvement in a business, and invest in mutual funds, stocks, or property.

Also Read: How to file concurrent h1b

3. The USCIS must be notified about any changes in employment, including working hours, work location, or related details. This is true for a concurrent H1B as well. The employee's H1B status can be maintained consistently only if this is diligently done. If the USCIS decides to perform a surprise check and finds that records don't match reality, the H1B status can be jeopardized.

4. If the H1B employee is involved in a part-time job, there should not be a contract involved. H1B visas are not given for contract-based employment. The employee should prove that they are on the employer's payroll through the W-2 document. This document will be required for visa extension or when applying for a US green card.

5. A concurrent H1B will not be approved for a full-time job if the original job takes up 40 hours a week. Since a full-time position cannot have less than thirty-five working hours per week, the USCIS may consider it impossible for the beneficiary to work simultaneously at two full-time jobs.

6. There are no laws restricting the number of jobs an H1B holder takes with concurrent H1Bs. But the worker has to necessarily maintain their H1B status consistently and be careful about the number of hours they work.

7. Trying to hide any employment you take up will be next to impossible. Employers are obligated to report new hires to the USCIS through Form I-9. Payrolls will also leave trace evidence since taxes will be filed with your SSN and reported to the IRS. Any foul play related to immigration laws will earn you a Form 221g from the US embassy.

Advantages of the Concurrent H1B Visa

The following are a few of the many advantages that come with the concurrent H1B:

  • If the original H1B job is lost or given up, the employee can remain in status because of their active concurrent H1B.
  • The beneficiary can start working at the concurrent place of employment as soon as the application has been filed.
  • The concurrent occupation need not be in the same field as the original H1B employment. It is valid as long as it meets the criteria for a specialty occupation and the worker can show the required specialty qualifications.
  • H1B workers in the US who are already working for cap-exempt employers and have not been selected for the H1B cap can work concurrently for cap-subject employers.
  • The H1B worker is not obligated to disclose information about concurrent employers to the original H1B employer. The USCIS will also not make any such disclosures to the primary petitioner.

To wrap up

Getting a concurrent H1B is advantageous, and it may look like a straightforward process. But there are several nuances to keep in mind for both the employer and the employee. For example, Concurrent H1B will not be granted for part-time work on the same level as an existing H1B petition. Thorough preparation and care must be taken to get an approved concurrent H1B.

For information and details on concurrent h1b and US non immigrant visas, visit TechFetch H1B.

**Disclaimer: Laws and regulations relating to the H1B process are always subject to revision and change. For the latest updates, please refer to the USCIS official website.

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Article by Techfetch H1B team

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