Multiple sources of income on H1B

This newsletter is brought to you in partnership with Manifest Law, an immigration law firm in the US. The information below is for educational purposes and does not constitute legal advice.

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Most H-1B holders believe they are locked into a single employer, a single paycheck, and a single source of income. That belief is understandable. It is also wrong.

The H-1B visa has always allowed you to work for more than one employer at the same time, legally, as long as the second employer files their own H-1B petition with USCIS. This is called concurrent H-1B employment, and it is one of the most underused options available to immigrants in the US.

This guide walks you through exactly how it works, including whether you can have your own company on your name, and what you need to do to set it up.

Concurrent H-1B is relevant if you fall into any of these situations:

• You have a full-time job and want to consult or freelance for a second company

• You want to work part-time at a startup on weekends or evenings without quitting your primary role

• You have two part-time offers and want to combine them to form full-time

• You are a researcher or professor and want to work part-time in industry

• You want to start a company and work for it on the side legally

• You are transitioning between employers and want to maintain status continuity

This is the question most people actually want answered, so let us address it directly.

Effective January 17, 2025, USCIS formally allows entrepreneurs who own a majority stake (more than 50%) in a US company to use that company to file an H-1B petition for themselves. This is sometimes called self-sponsorship or beneficiary-owner H-1B.

NOTE: The relationship must qualify as an employer-employee relationship, and that additional evidence of oversight may be required for majority owners.

What this means practically:

• You can form a company (LLC or C-Corp), own it, and have it petition for you as an H-1B concurrent employer

• You no longer need to give up majority control or create a fake board structure to qualify

• The company must have a real, documented job offer for a specialty occupation role, which is a formal employment agreement outlining your title, responsibilities, salary, and hours

• Your company must be a legitimate, operating business entity with its own EIN, registered address, and governance documents. A sole proprietorship does not qualify.

So yes, you can have your own company on your name, work for it on weekends, and be paid by it, as long as your company files the petition properly.

Just click the link above and request for consultation. It will give you quiz to evaluate your profile. If you qualify, you can actually schedule a call with one of their lawyers, and get legal consultation.

You must already be in valid H-1B status with your primary employer (Employer A) before a second employer (Employer B) can file a concurrent petition. Your status must be active, and your I-94 must be valid. There is no grace period trick here.

Before filing anything with USCIS, Employer B must get a Labor Condition Application certified by the Department of Labor. This is a separate process that runs before the I-129.

The LCA confirms that:

• The wage Employer B will pay you meets or exceeds the prevailing wage for your role and work location

• Employer B will not adversely affect the working conditions of US workers in similar roles

Once the LCA is certified, Employer B files Form I-129, the Petition for a Nonimmigrant Worker. When completing the form, Employer B selects “New concurrent employment” in the classification section. This signals to USCIS that you are not transferring from Employer A, but adding a second employer on top.

Employer B must prepare a full petition package, including:

• The certified LCA

• A support letter explaining your role, duties, the specialty occupation justification, and your qualifications

• Evidence that Employer B is a legitimate, operating business

• Evidence that Employer B has the financial ability to pay you at the offered wage

• Your educational credentials and CV

Once USCIS receives Employer B’s petition, they issue a receipt notice (Form I-797C). You do not need to wait for the final approval.

Under H-1B portability rules, the receipt notice is your authorisation to begin working for Employer B. Also, you can only port an already approved H1B.

Standard USCIS processing for H-1B petitions runs roughly 2 to 6 months depending on service centre workload. If Employer B opts for premium processing (currently $2,965, as of the 2026 fee schedule), USCIS commits to a decision within 15 business days.

• Copy of your current passport (all pages)

• Current I-94 record, downloaded from i94.cbp.dhs.gov

• All I-797 approval notices from Employer A (and any prior H-1B employers)

• Copies of all US entry and exit stamps or travel records

• Degree certificates and official transcripts

• Current CV

• Certified LCA (Form 9035E) from the DOL

• Signed support letter detailing your job title, duties, required qualifications, salary, weekly hours, and why the role is a specialty occupation

• Proof of legitimate business: articles of incorporation or organisation, active business filings, company website, any contracts or active clients

• Evidence of ability to pay: recent bank statements, financial statements, payroll records, or tax returns depending on how established the company is

• If the role involves multiple work locations: an itinerary or schedule of where you will physically work

• If Employer B is cap-exempt (a university, affiliated non-profit, or research institution): documentation of that status

• Formal employment agreement between you (as employee) and your company (as employer), signed by an authorised party other than yourself if possible, or by you in your capacity as an officer if no one else exists

• Governance documents: operating agreement (LLC) or bylaws and board resolutions (C-Corp)

• Evidence the company is operating: client contracts, invoices, bank account activity, any revenue or funding documentation

• Evidence of the company’s ability to pay your offered salary

Hours. There is no legal minimum or maximum number of hours for an H-1B, but USCIS scrutinises part-time arrangements carefully. If you are full-time at Employer A (40 hours per week) and want to work for Employer B, a part-time arrangement of 10 to 20 hours per week on evenings or weekends is reasonable and common.

Specialty occupation. Both roles must independently qualify as a specialty occupation, meaning each must require at least a bachelor’s degree in a related field or its equivalent. A completely unrelated role, such as driving for a rideshare company or running a restaurant, will not qualify.

Site visits. Under rules codified on January 17, 2025, USCIS now has explicit authority to conduct unannounced site visits to verify the existence of the claimed role and working conditions. Both Employer A and Employer B should be prepared for this. Refusing a site visit can result in denial or revocation of the petition.

If Employer A ends your employment and revokes your H-1B, you enter a 60-day grace period to change status, find a new sponsor, or depart the US.

If Employer B’s concurrent petition is already approved or pending at that point, you may be able to maintain lawful status through Employer B’s petition, provided it is a non-frivolous petition and covers your role. This is one of the strongest practical arguments for filing concurrent H-1B petitions early, rather than waiting until you need them.

If you are considering concurrent H-1B employment, the first step is a professional assessment of your specific situation, your current status, the proposed role, and your company structure if applicable.

Take the Manifest Law quiz to evaluate your profile for FREE. Just click the link and request for consultation: LINK

Disclaimer: This newsletter is for educational purposes only. Please consult a licensed immigration attorney before making any changes to your employment situation.

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