Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

Published: 02/17/2021

Source: Scott Legal, P.C

H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations.  This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years.

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Can I work part-time on an H-1B status?

Yes. The H-1B employee can be in the U.S. on an H-1B status and work part-time.

Can I work for 2 different employers in the U.S. on an H-1B status?

Yes, the H-1B worker can work for 2 different employers. However, each employer will have to file a separate H-1B petition with USCIS.

Can I pay H-1B employee an hourly rate?

Yes, the H-1B worker can be paid an hourly rate instead of fixed salary per year. Please note, that the H-1B employer would still have to pay the H-1B worker the required wage per hour (please note that the Foreign Labor Certification Data Center website always lists the prevailing wage per hour/per year, so you should check what the prevailing wage for a particular position is on that website).

Please note that on Form I-129, you will also have to specify how many hours per week is the H-1B worker required to work.

Can I switch from part-time to full-time and vice versa?

Yes, but the H-1B employer would have to file a new Labor Condition Application and file an amended petition with USCIS.

Source: Scott Legal, P.C
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