Yes, you can legally hold two H-1B jobs — here's exactly how concurrent H-1B employment works, what it costs, and the requirements for both employers.
Concurrent H-1B employment allows an H-1B visa holder to work for two or more employers simultaneously, with each employer filing a separate H-1B petition. This is the only legal way for H-1B workers to take on additional employment beyond their primary sponsor. The second (and any subsequent) H-1B petition is cap-exempt since the worker already holds H-1B status, meaning no lottery is required. Concurrent H-1B is increasingly common among academics, consultants, engineers doing part-time work at startups, and professionals with specialized skills in demand across multiple organizations.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
The legal basis for concurrent H-1B employment is straightforward: each H-1B petition authorizes work for a specific employer, and there is no regulatory limit on the number of concurrent H-1B petitions a worker can hold. When a second employer files an H-1B petition for someone who already holds valid H-1B status, that petition is classified as cap-exempt because the worker has already been counted against the annual cap. This means no lottery registration is needed and the petition can be filed at any time during the year.
Each concurrent H-1B petition is independent and must satisfy all standard H-1B requirements: the second employer must file its own Labor Condition Application (LCA) specifying the prevailing wage for the part-time or full-time position, submit a complete I-129 petition, and pay all required filing fees. The LCA wage is prorated for part-time positions — for example, if the prevailing wage for a full-time software engineer is $140,000/year and the concurrent position is 20 hours/week, the LCA must reflect at least $70,000/year.
Critically, your primary H-1B status is not affected by the concurrent petition. If the second petition is denied, your primary H-1B remains valid. If you stop working for the second employer, you simply continue with your primary position — there is no impact on your immigration status. However, if your primary H-1B is revoked or expires, you cannot maintain status solely through a concurrent part-time H-1B; you would need to change the concurrent petition to your primary full-time status.
Search thousands of verified H-1B sponsors who can file a concurrent petition for part-time or full-time employment. Search H-1B sponsors on Wisa →
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Search H-1B Sponsors on Wisa →There is no legal requirement to obtain your primary employer's permission before a second employer files a concurrent H-1B petition. The second petition is between you, the second employer, and USCIS — your primary employer is not notified or involved. However, practically speaking, most employment agreements include clauses about outside employment that may require disclosure or approval. Check your employment contract and company policies. Some employers prohibit outside employment entirely, though such restrictions relate to employment law, not immigration law. Violating your employment agreement could lead to termination from your primary job.
The costs are the same as a standard H-1B petition: USCIS I-129 filing fee ($460-$780 depending on employer size), ACWIA training fee ($750 or $1,500), anti-fraud fee ($500), optional premium processing ($2,805), and attorney fees ($2,000-$4,000). Total cost ranges from $3,500 to $8,000. By law, the employer must pay these fees — they cannot be passed to the employee. Some smaller employers willing to file a concurrent H-1B for part-time work may be deterred by the cost, making it important to discuss the business case upfront.
This is technically possible but extremely difficult. For a concurrent H-1B through your own company, USCIS requires evidence of a valid employer-employee relationship, meaning someone other than you must have the ability to hire, fire, and control your work. If you are the sole owner and decision-maker, this relationship doesn't exist. Some structures (like having a board of directors with independent members who control the company) may satisfy this requirement, but USCIS scrutinizes self-owned company petitions heavily. An experienced immigration attorney is essential for this approach.
If you leave your primary employer (voluntarily or through termination), your concurrent part-time H-1B alone does not automatically provide full immigration status maintenance. You would need to either: (1) have the concurrent employer amend the petition to full-time, (2) find a new primary employer and file a transfer petition, or (3) use the 60-day grace period to adjust your situation. If the concurrent employer amends to full-time before or simultaneously with your departure from the primary employer, you can maintain uninterrupted status. Planning this transition carefully with an immigration attorney is critical.