Is It Legal to Hold Multiple Jobs on an H-1B Visa?

Published: April 14, 2025

Holding an H-1B visa is essential for foreign nationals to live and secure employment temporarily in the US. Although some exceptions apply, individuals in H-1B nonimmigrant status are generally eligible for a maximum stay of six years under section 214(g)(4) of the Immigration and Nationality Act (INA). 

Upon receiving H-1 B status, you can stay up to three years, possibly extending it for another three years. Besides the six-year limit, the US immigration law has imposed other restrictions on H-1B visa holders. For instance, you can only work for the sponsoring H-1B employer and in the role detailed in the petition unless you qualify under certain conditions. 

Suppose you intend to secure an H-1B and hold more than one job. Awareness of the limitations is crucial to ensure compliance and determine whether it’s viable. Below, we’ll explore the rules concerning H-1B visa holders holding multiple jobs.

Understanding How Concurrent H-1B Employment Works

It’s legally possible for H-1B employers to work for multiple jobs at the same time through concurrent employment. However, each employer must complete the regular procedures even when submitting a separate H-1B petition. 

Having a concurrent H-1B varies from holding two separate H-1B approvals. Although there must be an individual petition, you don’t have to go through the H-1B lottery again when you already have a valid H-1B visa. 

Moreover, concurrent H-1B employment differs from transferring your H-1B as it doesn’t replace your existing visa status. Instead, you acquire a new approval to work for another employer, enabling you to hold multiple H-1B roles at once. 

Let’s say you secure a second H-1B job when you’re already in H-1B status. In that case, your new H-1B employer can file a petition immediately even when the annual H-1B cap has been reached. This is because you remain cap-subject for future petitions filed by other employers. 

Essential Restrictions and Considerations to Note

H-1B rules authorize you to work concurrently for multiple US employers, but under certain restrictions and considerations. Below are some essential factors worth considering to avoid violating your H-1B nonimmigrant status while holding more than one job with different employers. 

Job-specific requirements

H-1B employment is job-specific. When you decide to work concurrently, the second job must still qualify as an H-1B specialty occupation. Each role must be relevant to your educational background or work experience. You cannot hold two unrelated jobs while on an H-1B visa. 

Likewise, you can only work within the scope outlined in the approved petition. You must report significant changes to the defined set of duties. In other cases, you may be required to submit an amended petition. 

Work hours

Concurrent H-1B employment enables you to work full-time or part-time for one or more jobs simultaneously. Under H-1B regulations, part-time employment constitutes working less than 35 hours every week. 

However, the United States Citizenship and Immigration Services (USCIS) may deny the petition if you manage two full-time positions at once. The total hours you work across all jobs must be manageable. It must not compromise your ability to fulfill your roles effectively. 

Pay requirements

H-1B regulations don’t indicate a minimum or maximum work hours for concurrent employment per week or month. But each sponsoring employer must compensate you at an hourly rate that meets the prevailing wage requirements. 

It’s unlawful for each employer to pay below the minimum hours specified in the Labor Condition Application  (LCA). Documenting variable work hours and meeting the H-1B wage rules can be complex. That’s why employers and workers should obtain guidance from an experienced immigration lawyer. 

Ensure Full Compliance With ALG Lawyers

Concurrent H-1B employment provides significant advantages, from increasing your earnings to developing new skills and seeking additional opportunities. However, the process isn’t as straightforward as working two jobs simultaneously. A separate H-1B sponsorship and an adequately filed petition with the USCIS are necessary for each occupation. 

In addition, it’s imperative to adhere to all legal requirements to preserve H-1B nonimmigrant status. Thus, consulting a credible Los Immigration lawyer is indispensable before considering multiple employment. Begin with your first consultation with our reliable team at ALG Lawyers to assist you in making an informed decision.