H1B part-time job and LCA
The LCA is a critical part of the H1B application and must have been approved and certified before the employer files the H1B petition. Essentially it is an application filed to the Department of Labor explaining the job, the proposed wage, and the work site, and the Department of Labor will certify that the proposed wages are indeed above the “prevailing wage” for the same kind of position in the region where the employee will be working. As long as the wages offered do meet that threshold, the LCA is quite a straightforward process and the Department of Labor responds with a decision within 7 business days.
The LCA is approved valid for each “geographic area of intended employment,” which means “the area within normal commuting distance of the place (address) of employment, or worksite, where the H-1B nonimmigrant is or will be employed.” This means a change of worksite within the same geographic area of intended employment will not require an employer to apply and obtain a new LCA. However, the same notice-posting and record-keeping requirements apply at each worksite. Therefore, all LCA related notices must be posted again at the new worksite.
It is possible to get an H1B visa for a part-time job. Full-time employees are generally defined as those who work 40 hours a week or more, or 35 hours or more if consistent with the employer’s regular course of business. Part-time employees are defined as those who work less than 35 hours per week.The Department of Labor considers “full time employment” to begin at 35 hours per week, so any employment arrangement with a lower number of work hours would qualify as part time positions.
It is also possible to work for multiple employers while you are on an H1B, provided that the position with the second employer also qualifies for H1B and the second employer agrees to file a separate LCA (Labor Condition Application) and H1B petition and complies with all requirements. This is called concurrent employment on H1B. Please note, though, that you can only enter the “cap lottery” through one employer.
The doctrine of H1B portability also allows a worker already on H1B to start working for the second employer as soon as the concurrent H1B petition for the second job is filed with USCIS.
The initial process of going through the H1B “cap lottery” may be difficult, but once an applicant is selected and is approved for their first H1B visa, during the 6 years allowed on the H1B visa, it is a relatively straightforward process to change employers or to add a new part-time position on top of the applicant’s original H1B work arrangement.
