When considering or engaging in Concurrent H1B employment, employers and H1B employees must be aware of important elements to ensure compliance with U.S. immigration regulations and seamless working arrangements:
Eligibility: First and Foremost Eligibility: To be eligible for Concurrent H1B employment, the foreign national must have valid H1B status, meaning they are currently employed under an H1B visa with one employer.
Concurrent Petition: when a new employer wishes to hire the H1B visa holder for an additional job, they must file a Concurrent H1B petition on behalf of the employee with the U.S. Citizenship and Immigration Services (USCIS). The petition should outline the terms of the new employment, including job responsibilities, location, and compensation. The process of filing is somewhat similar to a regular H-1B visa.
Status Maintainance: it is imperative for the H1B employee to maintain their existing H1B status with their primary employer while working concurrently for the new employer. Compliance with all H1B regulations, such as reporting requirements, is essential.
Portability flexibility Concurrent H1B employment offers flexibility, as the H1B holder can begin working for the new employer as soon as the petition is filed and a receipt notice is issued by USCIS, without waiting for approval. However, the employee must have been maintaining their H1B status and have no prior violations.
Cap exempt or Cap Quota: Concurrent H1B employment is not subject to the annual H1B visa cap or quota, which limits the number of new H1B visas issued each fiscal year. This provides an advantage for those seeking additional employment opportunities.
Duration, the Concurrent H1B employment authorization is typically granted for the same duration as the existing H1B visa. Any changes or extensions to the Concurrent H1B employment should be filed with USCIS in a timely manner.
Stay Informed: Keep yourself updated on the latest immigration regulations and requirements related to H1B visas, as they may change over time.
Legal Assistance: Consider seeking legal assistance or consulting with a SanSha Law Office PLLC immigration attorney to ensure that you are in full compliance with U.S. immigration laws and regulations throughout your concurrent H1B employment.