Concurrent Employment for NIV Status

Concurrent employment allows a nonimmigrant visa holder to work for multiple employers simultaneously under the same visa category. Each employer must file a separate petition and receive the requisite approvals from the U.S. Citizenship and Immigration Services (USCIS). Essentially, an individual can work for more than one employer, but each employment relationship must be independently verified and approved by USCIS, all under the umbrella of a single, active visa status. The ability to engage in concurrent employment is subject to specific visa categories and regulatory provisions. The most common nonimmigrant visa categories that allow for concurrent employment are the H-1B and TN visas, which will be discussed in this blog.

Working for Multiple Employers Under the H-1B Visa Category

1. What is the process for applying for concurrent H-1B employment? The process is generally the same as any other H-1B petition. If a foreign worker has valid H-1B status with company A, company B can file for concurrent H-1B employment on behalf of the foreign worker. Company B must go through the regular procedures when filing the H-1B petition. For example, company B would obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL) and file its own separate H-1B petition with USCIS. Additionally, company B would choose “New concurrent employment” for basis of classification on Form I-129, Petition for a Nonimmigrant Worker. As soon as the concurrent H-1B petition is filed with USCIS, the foreign worker can begin working for the secondary employer. The foreign worker does not have to wait for the petition to be approved.
2. What are the requirements for concurrent H-1B employment? The requirements for concurrent H-1B employment are no different than any other H-1B petition. Company B is still required to establish that a bona-fide employer-employee relationship exists, all wage requirements are met per the LCA, and the position is a specialty occupation, requiring at least a Bachelor’s degree in a field related to the position. In addition, the foreign worker must show that he or she qualifies for the position. Note that the foreign worker can work at different physical locations, if plausible, and remotely for each employer.
3. How many employers can an H-1B visa holder simultaneously work for? There is not a set legal limit on how many employers an H-1B visa holder can work for based on concurrent employment. However, the foreign worker will still be required to maintain valid H-1B status with each individual employer. This means that the foreign worker must be able to show that he or she is working the required hours for each separate position. 
4. Can an H-1B visa holder work full-time for two employers under concurrent employment? Technically, yes. There is not a set limit to the number of hours an H-1B visa holder can work per week, so an H-1B visa holder can technically work two full-time positions under concurrent employment. This means that the foreign worker must work 35-40 hours per week for each employer. However, USCIS may deny the concurrent H-1B petition for full-time employment if it does not appear possible to work two full-time jobs. Practically speaking, concurrent employment for two full-time positions is unlikely to work and is strongly discouraged. 
5. Can an H-1B visa holder work part-time for two H-1B employers under concurrent employment? Yes, an H-1B visa holder can work two part-time positions under H-1B concurrent employment. Anything less than 35 hours per week is considered part-time employment.
6. Can an H-1B visa holder work full-time for one employer and part-time for another employer under concurrent employment? Yes, an H-1B visa holder can have a full-time position with one employer and a part-time position with another employer under H-1B concurrent employment. Therefore, where an H-1B holder is working full-time with company A, company B may file for concurrent part-time employment. The ideal arrangement would be one full-time job, working 35-40 hours a week with company A, and one part-time job, with a range of up to 20-25 hours maximum with company B. 
7. Can an H-1B visa holder work in two separate, unrelated fields under concurrent employment? Yes, as long as each position is a specialty occupation that requires a Bachelor’s degree in a specific specialty and the foreign worker holds the required degree for each position. 

Working for Multiple Employers Under the TN Visa Category

1. What is the process for applying for concurrent TN employment? The process is generally the same as any other TN application. Canadian and Mexican citizens working in the U.S. in valid TN status can work for multiple employers at any time, as long as the proper procedures are followed. Working for any employer different from the one(s) listed in the TN application is a violation of U.S. immigration laws. The process for adding additional employers under TN visa classification differs for Canadians and Mexicans. 
   • Concurrent TN Employment Process for Canadian Citizens: Canadian citizens are exempt from having to obtain nonimmigrant TN visas. Thus, in order to work for multiple employers in TN status, Canadian citizens that are outside of the U.S. can:
     • Apply at a U.S. Customs and Border Protection (CBP)-designated Port of Entry or Pre-Clearance Inspection Station and present the required letter of support from each employer with the other supporting evidence that is normally required for initial entry. CBP should list the names of all employers on the I-94 record; or
     • Have the additional employer(s) file Form I-129 with USCIS, requesting “New concurrent employment.”
   • Additionally, if a Canadian citizen is currently in the U.S. in valid TN status and would like to work for an additional employer, he or she can simply go to a Port-of-Entry with the required letter from the secondary employer(s) and supporting evidence. The foreign worker must be sure to inform CBP that the new employment will be in addition to the current TN employment. Or, again, the secondary employer can file on behalf of the Canadian citizen who is in the U.S. by submitting Form I-129 to USCIS, requesting “New concurrent employment.”
   • Concurrent TN Employment Process for Mexican Citizens: Mexican citizens are required to obtain a visa to enter the U.S. as a TN nonimmigrant. Thus, in order to work for multiple employers in TN status, Mexican citizens that are outside of the U.S. must first apply for a TN visa directly at a U.S. embassy or consulate by submitting Form DS-160 and any additional documentation and attending a visa interview. Then, they can either:
     • Apply at a CBP-designated Port of Entry or Pre-Clearance Inspection Station and present the required letter of support from each employer with the other supporting evidence that is normally required for initial entry. The visa should be annotated to list all the employers; or
     • Have the additional employer(s) file Form I-129 with USCIS, requesting “New concurrent employment.”
2. What are the requirements for concurrent TN employment? The requirements for concurrent TN employment are no different than any other TN application. The TN worker must still be able to show for each position with each employer. Note: The responses above about part-time and full-time positions apply to TN workers as well. In addition, a TN worker can work in two separate, unrelated fields under concurrent employment as long as the TN worker can show he or she has the qualifications to practice in each profession.
   • They are a citizen of Canada or Mexico;
   • His or her profession qualifies under the regulations;
   • The position in the U.S. requires a NAFTA professional;
   • He or she has a prearranged full-time or part-time job with the U.S. employer; and
   • He or she has the qualifications to practice in the profession in question.
3. How many employers can a TN worker simultaneously work for? There is not a set legal limit on how many employers a TN worker can work for based on concurrent employment. However, the foreign worker will still be required to maintain valid TN status with each individual employer. 

Concurrent employment offers a unique opportunity for nonimmigrant visa holders to work with multiple employers and engage in diverse professional roles simultaneously. Navigating concurrent employment opportunities under H-1B and TN visas requires a thorough understanding of the process and compliance with visa regulations. It is important for employees and employers to be aware of the requirements to ensure that the employee does not inadvertently violate his or her nonimmigrant visa status. 

If you have any questions about concurrent employment, contact our office today to set up a consultation with one of our attorneys!