Can H1B Holders Work Two Jobs?
Whether an H1B visa holder can work two jobs or not depends on the particular visa holder’s situation. Generally, it is not recommended to do so and the visa holder should get approval from their employer and the US Citizenship and Immigration Services (USCIS) before taking another job with an entirely different organization.
The Basics
H1B visa holders are allowed to take a second job if:
- They receive authorization from their employer, and
- The USCIS approves the job change.
Therefore, simply applying for a second job without the two aforementioned approvals is not legally allowed. This can lead to serious legal issues and the visa holder could end up losing their visa altogether.
Employer Authorization
The employer has to authorize all employment of an individual and must consider any potential ramifications of a second job. There also needs to be an understanding of job duties, wages, and working conditions – since there is variation by job.
H1B visa holders should discuss any proposed job changes with the employer and make sure to have the authorization from the employer if needed. In addition, the employer has the right to assign a certain amount of workhours to the employee and any additional working hours for a different employer may bring about a conflict of interest.
USCIS Approval
Apart from employer authorization, all foreign nationals are required to get an approval from the USCIS before they can start working with the new employer.
It is not a requirement to submit an application to the USCIS unless the duties, wages, and working conditions vary significantly from the original job. However, regardless of whether the foreign national applies to the USCIS or not, the foreign national must also have employer authorization before they can actively work for the new employer.
Conclusion
Overall, H1B visa holders are allowed to take a second job, but with the approvals from the first employer and the USCIS. In addition, it is important to be aware that the H1B visa holder must adhere to all of the duties, wages, and working conditions outlined in the paperwork filed with USCIS.
Ultimately, it is important for H1B visa holders to discuss any potential job changes with their employer and present these changes to the USCIS in accordance with US immigration laws.