Can You Work Multiple Jobs on H1B?
It is possible to work with multiple jobs while on a H1B visa, but the process is subject to particular rules. Depending on the characteristics of the positions and companies, you may require the approval of U.S Citizenship and Immigration Services (USCIS). Here is a guide to help you understand the process.
Requirements for Dual Employment Authorization
The USCIS requires that employers sponsoring an H1B worker fill out a Form I-129 and obtain a letter of concurrent, dual, or multiple employment authorization. In order for the employee to work for two or more employers, the application to USCIS must include the following:
- Description of job duties, qualifications, and terms of employment for both jobs.
- Evidence to show that the main job is not part-time or marginal.
- Evidence to show that the individual’s employment with the primary employer is enough to support the individual financially.
- Proof of payment of the required prevailing wage rate.
- Reasons why the secondary job is necessary.
Tax Considerations
When taking on dual or multiple jobs on an H1B visa, it is important to understand tax liabilities. Employment taxes, such as Social Security, Medicare taxes, federal income tax, and state or local taxes will be deducted from the employee’s paycheck. As an H1B visa holder, you are still required to report income from all sources, no matter what country it was earned in. If you are working for two or more US-based employers, you must file separate returns for each job.
Limitations
There are certain limitations to holding multiple jobs on a H1B visa. To start, the workplace in question cannot have less than 50% of their workers with an immigrant status. Additionally, each employer is required to pay the prevailing wage. Sometimes both employers cannot agree on the same rate.
Finally, USCIS regulations state that an individual may be employed by two or more employers but the primary employer must have rights to control the employee’s work activities.
Conclusion
Working multiple jobs while on a H1B visa is possible, but it comes with certain restrictions and limitations. It is essential to seek the advice of a qualified immigration attorney if you are planning to pursue dual employment authorization. It is also important to familiarize yourself with tax considerations and any relevant paperwork that must be filed with the USCIS.