Understanding Concurrent Employment Petitions

I-129 concurrent petitions allow multiple employers to sponsor same foreign worker simultaneously. This differs from changing employers, extending stay with same employer, or amending existing petitions. Concurrent means working for multiple employers at same time.

USCIS explicitly permits concurrent employment petitions when beneficiary will work for two or more employers simultaneously in legitimate positions. Most common scenario involves H-1B beneficiary working full-time for one employer while consulting part-time for another.

Form I-129 Part 2 Question 2 asks about type of petition being filed. Option d states "New concurrent employment." Check this box when filing petition for beneficiary who already holds same classification based on another employer's petition and the employment periods will overlap.

The key word is "concurrent." Both positions must exist simultaneously during overlapping period. If employment with first employer ends before second begins, that's change of employer not concurrent employment. If second position starts before first ends even briefly, that's concurrent.

Multiple H-1B petitions same person represents most common concurrent petition scenario. H-1B regulations specifically allow beneficiaries working for multiple H-1B employers simultaneously as long as each employer files proper petition.

Concurrent employment I-129 requirements demand each employer file complete separate petition. You cannot add second employer to existing petition through amendment. Each employer needs independent petition approval.

Concurrent petitions don't count against H-1B cap. If beneficiary already has H-1B status through one employer, second employer's concurrent petition is cap-exempt. First petition established H-1B status. Subsequent concurrent petitions maintain that status.

Beneficiary must actually work for each employer during concurrent approval period. This isn't mechanism obtaining backup H-1B approval in case primary employment ends. USCIS expects genuine concurrent employment arrangements.

Beyond Border evaluates whether concurrent employment arrangement qualifies under USCIS standards and helps structure proper petitions.

Filing Concurrent H-1B Petitions

Multiple H-1B petitions same person requires each employer following complete petition filing process. Second employer doesn't get simplified process just because beneficiary already has H-1B.

Each employer must obtain Labor Condition Application from Department of Labor. The LCA specifies worksite locations, wage levels, and employment period for that specific employer. LCAs cannot be shared between employers.

Complete Form I-129 with H-1B data collection supplement. Part 2 Question 2 check box d for "New concurrent employment." This tells USCIS you're seeking concurrent approval not change of employer.

Provide detailed job description for concurrent position. Explain how beneficiary will perform duties for both employers simultaneously. Include work schedule showing time allocation between positions. Address how beneficiary will manage both jobs without conflict.

Submit all standard H-1B evidence. University degrees, credential evaluations, previous employment verification, and evidence position requires specialty occupation. Each petition must prove position qualifies independently.

Pay full filing fees. Current H-1B petition fees including base petition fee, fraud prevention fee (if applicable), ACWIA fee (unless exempt), and Public Law 114-113 fee (if employer meets criteria). No fee reductions for concurrent petitions.

Premium processing is available for concurrent petitions. Each employer can independently request premium processing for their petition. Processing times run independently for each petition.

Two employers H-1B simultaneously requires coordination regarding beneficiary's total working hours. USCIS doesn't explicitly limit total hours but practical constraints exist. Two full-time positions (80+ hours weekly) raise credibility concerns.

Common arrangements include full-time position with primary employer plus part-time consulting for second employer. Or two part-time positions totaling full-time hours. Or full-time position plus weekend/evening work for second employer.

Document both employers' awareness of concurrent arrangement. Include letter from primary employer acknowledging beneficiary will work part-time for second employer. Include letter from second employer explaining how concurrent arrangement will work.

Address potential conflicts of interest. If both employers operate in same industry or serve competing clients, explain how conflicts will be avoided. Confidentiality agreements or non-compete clauses may need addressing.

Beyond Border prepares concurrent H-1B petitions with proper documentation addressing USCIS concerns about simultaneous employment.

Restrictions on L-1 Concurrent Petitions

Concurrent L-1 petition restrictions are more severe than H-1B limitations. L-1 intracompany transferee classification generally doesn't permit concurrent employment due to visa category's fundamental nature.

L-1 requires beneficiary work full-time for petitioning employer. The visa is specifically for transferring employees from foreign office to US office within same corporate organization. Full-time employment expectation makes concurrent work for unrelated employer incompatible with L-1 purpose.

The L-1 regulations don't explicitly prohibit concurrent employment but practical interpretation limits possibilities. USCIS expects L-1 beneficiaries devoting full attention to petitioning employer's business interests.

Multiple L-1 petitions for same beneficiary can exist if petitions come from related entities within same corporate group. If parent company, subsidiary, and affiliate all need beneficiary's services, theoretically multiple L-1 petitions could be filed. However, this remains extremely rare and raises questions about true employment relationship.

More common scenario involves L-1 beneficiary working full-time for petitioning employer while doing limited work for related entity abroad. This generally doesn't require separate concurrent petition since work involves same corporate family.

L-1 beneficiaries cannot work for unrelated employers without jeopardizing status. If L-1 holder wants to work for second unrelated employer, that requires different classification like H-1B for second position.

Some L-1 beneficiaries maintain concurrent H-1B status allowing work for unrelated employer. File H-1B petition while in L-1 status. After H-1B approval, can work for L-1 employer under L-1 status and H-1B employer under H-1B status simultaneously.

Beyond Border advises on limitations of concurrent L-1 arrangements and alternative structures achieving similar goals.

Other Visa Categories and Concurrent Employment

I-129 multiple employer petitions apply to various nonimmigrant classifications beyond H-1B with different rules for each category.

O-1 extraordinary ability visa permits concurrent employment. Multiple employers can petition for same O-1 beneficiary if each demonstrates they will employ beneficiary for specific project or engagement. Common for entertainers, athletes, or consultants working on multiple projects.

Each O-1 employer files separate I-129 with O-1 supplement. Include detailed itinerary showing when beneficiary will work for each employer. Provide evidence of extraordinary ability (shared across petitions since same person). Include consultation letters from appropriate peer group or labor organization.

O-2 support personnel petitions tie to specific O-1 petition. If O-1 beneficiary works for multiple employers, O-2 support staff must be petitioned in relation to specific O-1 petition. This complicates concurrent O-2 arrangements.

P visa categories (athletes, entertainers, cultural exchange) follow similar rules to O-1. Multiple employers can petition same beneficiary for different events or performances. Itinerary documentation becomes critical proving scheduling feasibility.

E-2 treaty investor status doesn't use I-129 petitions typically. E-2 employees work for treaty investor company. Concurrent employment with unrelated employer requires different visa category for second position.

TN NAFTA professionals can work concurrently for multiple employers. Each employer must file separate I-129 or beneficiary can apply at port of entry with multiple offers. Common for consultants serving multiple clients.

H-2B temporary non-agricultural workers generally don't work concurrently. The temporary labor certification ties to specific employer and position. Concurrent employment would suggest permanent labor needs not temporary shortage.

J-1 exchange visitors face restrictions on concurrent employment depending on program category. Academic J-1 employment authorization limits work to program sponsor and authorized positions. Concurrent work for unrelated employers typically prohibited.

Beyond Border navigates concurrent employment rules across different nonimmigrant categories ensuring compliance with category-specific restrictions.

Common Mistakes and Best Practices

Filing duplicate I-129 petitions for improper purposes leads to problems. Understanding proper concurrent petition use avoids common errors.

Mistake one involves filing concurrent petition as backup in case primary employment ends. This misuses concurrent employment category. USCIS expects genuine simultaneous employment. If second employer has no real work for beneficiary currently, petition is fraudulent.

Mistake two is same employer filing multiple petitions for same beneficiary. One employer cannot file multiple I-129s for same position just to increase approval chances. If position details change materially, file amended petition not duplicate petition.

Mistake three involves failing to actually work for approved concurrent employer. After second petition approves, beneficiary must actually commence work for that employer. Obtaining approval then never working raises fraud concerns if discovered.

Mistake four is not maintaining status with original employer. If employment with first petitioning employer ends, second petition doesn't automatically maintain status unless second employer's petition period overlaps and employment actually continues.

Mistake five involves exceeding total allowable time in status. H-1B has six-year maximum (with extensions if I-140 approved). Concurrent employment doesn't reset clock. Time working for both employers counts toward six-year limit.

Best practice one requires clear written employment agreements with both employers. Specify hours, duties, compensation, and work schedule for each position. Document arrangements provably showing how concurrent work will function.

Best practice two involves maintaining careful records of actual work performed for each employer. Timesheets, project assignments, paystubs, tax withholding showing both employers help prove genuine concurrent employment if questioned.

Best practice three means coordinating between employers regarding schedule and expectations. Both employers should understand concurrent arrangement. Written acknowledgment from primary employer agreeing to arrangement strengthens cases.

Best practice four requires monitoring visa validity periods. Each concurrent petition has separate validity period. Track both expiration dates. File extensions with appropriate employer before respective periods expire.

Beyond Border ensures concurrent petition filings follow best practices and avoid common pitfalls that trigger scrutiny or denials.‍

Frequently Asked Questions

Can same person have two H-1B jobs simultaneously? Yes, same person can hold two H-1B jobs simultaneously by having each employer file separate Form I-129 petition checking "new concurrent employment" box, with both petitions approved and beneficiary actually working for both employers.

Does concurrent H-1B count against cap again? No, concurrent H-1B petitions do not count against annual cap if beneficiary already holds H-1B status through first petition, making all subsequent concurrent petitions cap-exempt.

Can I work for two employers on L-1 visa? No, L-1 visa generally does not permit concurrent employment with unrelated employer since L-1 requires full-time work for petitioning employer as intracompany transferee.

What happens if I stop working for concurrent employer? If you stop working for one concurrent employer, that specific petition's authorization ends but you maintain status through continuing employment with other petitioning employer whose petition remains valid.

Do I need separate LCA for concurrent H-1B? Yes, each H-1B employer must obtain separate Labor Condition Application from Department of Labor specifying that employer's worksite, wages, and terms, as LCAs cannot be shared between employers.