Part-time H-1B status

Part-time H-1B status -Mutually Beneficial Option for H-1B Employers and Workers

When most people think about H-1B visas, they think it is restricted to full time employment because most H-1B workers they know have full-time jobs. Petitioners and applicants for H-1B visas often overlook that employers can petition for part-time H-1B worker. 


There is no minimum number of weekly hours for an H1B petition and H-1B workers can have multiple part-time H-1B jobs. This provides some alternatives for those that already have H-1B status and also H-1B job seekers. 



Here are two examples that illustrate the benefits of part time H-1B.

Example 1: 
Employer is downsizing his staff due to the recession. Instead of laying off his full-time H-1B worker, the employer can retain the worker by reducing their hours. The previously approved petition must be amended to reflect the change in hours, pay, and benefits. 


The government filing fee for the amendment is currently only $325 as the employer does not need to pay the anti-fraud fee and training fee again. The H-1B workers must still be paid at least the prevailing wage on an hourly basis. When the economy improves, the petition can be amended again to increase the hours.


Example 2: 
F-1 student is currently on OPT. His OPT employer would like to apply for H-1B status for him but there is not enough work for another full-time employee. The employer can petition for a part time H-1B. If F-1 student finds another part-time employer, that employer must file a separate H-1B petition for him.



attorney@mylawllc.com
My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
(630) 903-9625