Author: Attorney Jian Joe Zhou (jzhou@hooyou.com)

The H-1B visa is a non-immigrant work visa established by the United States for highly skilled foreign nationals. Due to its broad applicability and long validity period, it is highly favored by U.S. companies and foreign professionals.In reality, some workers who have already obtained an H-1B visa may have the time, energy, and opportunity to work for additional employers simultaneously. So, can they work for multiple employers at the same time? What key legal points do they need to be aware of? This article provides an in-depth analysis.

1. H-1B: The Petitioner is the Employer, Foreign Worker is Just a Beneficiary

The H-1B petition process is "employer-driven," meaning that the petition process must be filed by the employer with the USCIS, not by the employee themselves. The H-1b approval from the USCIS allows the particular H-1b employer petitioner to employ the foreign worker based on the terms set in the petition.  Foreign employees can work for multiple U.S. employers at the same time, but each employer must submit a separate H-1B petition.

2. The Key to One Employee Working for Multiple Employers: Concurrent H-1B

If a foreign national already working in the U.S. under H-1B status wants to take on another job simultaneously, the new employer can submit a "Concurrent H-1B" petition on their behalf.Concurrent H-1B employment is typically part-time, with flexible working hours, but the validity period of the concurrent H-1B cannot exceed that of the primary H-1B.

1)Concurrent Employment When Beneficiary Holds a Cap-Subject Primary H-1B

If a foreign employee has successfully obtained a cap-subject H-1B, the process for a Concurrent H-1B petition is relatively flexible.

Example:

Company A filed an H-1B petition for Mary, who was selected in the lottery and successfully approved. She began working full-time at Company A. However, soon after, Company B offered her a part-time job.To allow Mary to work legally at Company B, Company B submitted a Concurrent H-1B petition.

Under the U.S. immigration portability rule, since Mary has already obtained an H-1B with Company A,she can start working for Company B immediately upon receiving the USCIS receipt notice for the Concurrent H-1B petition without waiting for approval.

2) Concurrent Employment When Beneficiary Holds a Cap-Exempt Primary H-1B

Certain employers (such as higher education institutions and non-profit research organizations) are not subject to the H-1B cap.If an employee originally worked for such an employer, their H-1B petition does not require participation in the lottery.However, if they later wish to switch to a cap-subject private company, they must enter the lottery.A exception exists that if the cap-subject company files a concurrent H-1b petition, then, the concurrent H-1b petition is not subject to the H-1B quota. 

Example:

Charles is currently employed as a researcher at a university under a cap-exempt H-1B and he has never received H-1B quota subject H-1b before.Meanwhile, a tech company (a cap-subject employer) wants to hire him as a consultant.U.S. immigration law allows the tech company to file a Concurrent H-1B petition for Charles without requiring lottery participation.Once USCIS issues a receipt notice, Charles can begin working for the tech company immediately without waiting for the petition’s final approval.

Primary-subordinate Relationship:

This legal structure establishes a primary-subordinate relationship: The university-sponsored H-1B is Charles’ primary H-1B,whereas the tech company’s H-1B is the concurrent (or subordinate) H-1B.The validity period of the Concurrent H-1B must fall within the primary H-1B’s validity period.If the primary H-1B expires, the Concurrent H-1B will also become invalid.

If Charles resigns from the university, leaving only the tech company’s H-1B, USCIS may revoke the approved Concurrent H-1B, putting his immigration status at risk.

Therefore, if the primary H-1B is terminated, Charles should consult an immigration attorney immediately to explore alternative ways to maintain legal status.

Proactive Solutions:

To secure his status, Charles should proactively work with the tech company to file a separate cap-subject H-1B petition as early as possible.The best approach would be to encourage the tech company to enter the lottery and obtain an independent cap-subject H-1B, ensuring stable employment status.

With changing H-1B policies and possible shifts in immigration regulations under new administrations, the H-1B petition process has become increasingly complex. Therefore, selecting an experienced immigration attorney to handle H-1B petitions is more critical than ever.

Attorney Jian Joe Zhou is the managing partner of Zhang & Associates, P.C. With over two decades of experience in business immigration law,he has successfully handled thousands of immigration cases, including complex H-1B petitions across various industries andprofessional backgrounds.For more information, contact Attorney Jian Joe Zhou at jzhou@hooyou.com.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

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(02/19/2025)