Posted on October 08 2022
H-1B visa is the most common form of getting a full-time job for a single employer in the United States. There are some regulations that grant “Concurrent employment” for foreign nationals. This actually means that the H-1B visa holder can take up another employment in specific circumstances provided the employer need to go through the entire H-1B process.
The second employer also needs to convince the United States Citizenship and Immigration Services (USCIS) that the employee they hire is eligible for H-1B and the second job they offer is a specialty occupation. Apart from this, the employer also needs to pay as per the current trend of that particular job and which is also appropriate to the ‘concurrent position’.
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An H-1B worker can be authorized by filing the H-1B petition who is getting employed in another job simultaneously with his existing H-1B employment, which is usually termed as “Concurrent H-1B.”
To hire the concurrent employee, the second employee needs to initiate the application by filing LCA (Labour Condition Application) by attesting to these along with other requirements of H-1B.
And the concurrent H-1B does not need to engage under the same specialty occupation as the candidate’s first job.
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The applicant cannot apply for concurrent H-1B during their initial H-1B selection. For getting concurrent H-1B the employee would be subjected to the annual cap and the employee have to fulfil the services which are assigned to their full-time job. Usually, this duration will be 35-40 hours of work per week.
The employee can apply for the ‘Concurrent H-1B’ when he enters the US with a valid H-1B status and receives an approved petition of H-1B.
An employee can hold as many concurrent H-1Bs as he/she can, as there is no limit. Provided the total hours of the employee working have to be possible, credible, and plausible.
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