Your employee was not selected in the H-1B lottery - the employer's options
10 mins read | Sep 28, 2026
A concurrent H-1B is a second H-1B petition filed by another employer while you keep your first one, so you legally hold two H-1B positions at the same time. Each job runs on its own petition, its own paperwork, and its own terms, and neither one replaces the other. If you are an H-1B holder looking at a second role, a side project, or your own startup, the concurrent H-1B is the mechanism that lets you take it on without giving up the job you already have.
This guide explains what a concurrent H-1B actually is, how the second petition gets filed, how full-time and part-time roles work under the wage rules, and what happens to each job if one of them ends. It also covers the case that gets asked about most: running a concurrent H-1B through a company you founded yourself.
What a concurrent H-1B actually is
A concurrent H-1B is exactly what the name says: two H-1B employments happening concurrently. You stay employed by your primary H-1B sponsor, and a second employer files a separate H-1B petition so you can also work for them. Both statuses are valid at once. You are not transferring, and you are not leaving your first job. You are adding a second authorized H-1B employer on top of it.
The reason this is allowed is that H-1B status is tied to a specific petition and employer, not to a single exclusive job. USCIS permits an H-1B worker to be sponsored by more than one employer, provided each employer files and maintains its own valid petition for a qualifying specialty occupation. That is different from the broader "can I work for more than one employer" question, which our post on H-1B multiple employers walks through in full.
The practical effect is that your work authorization for each job stands on the strength of that job's petition. If the second petition is approved, you can work both roles. If it is denied, you simply keep working your first one. Nothing about the concurrent filing puts your original H-1B at risk.
How the second H-1B petition works: I-129 and LCA
The second employer files its own Form I-129, the petition used for H-1B and other nonimmigrant workers, together with its own Labor Condition Application (LCA) certified by the Department of Labor. This is a complete, standalone petition. The new employer has to show that the role is a genuine specialty occupation, that you qualify for it, and that it will pay at least the required prevailing wage for that position and location.
The part that surprises many people is the lottery. New H-1B employment is normally subject to the annual cap and a lottery, but once you have already been counted against the cap, a concurrent H-1B for you is generally not subject to a fresh lottery. Because you are cap-counted, the second employer can file its petition at any time of year rather than waiting for the spring registration window. This is the same "already cap-counted" logic that makes an H-1B transfer possible outside the lottery, the difference being that a transfer moves you to a new employer while a concurrent petition adds one.
Approval of the concurrent petition authorizes you to begin the second role. Each employer manages its own petition independently, which means each is responsible for keeping its LCA current, paying the certified wage, and filing an amended petition if the terms of that specific job change materially.
Full-time, part-time, and the wage rule
A concurrent H-1B does not have to be a second full-time job. H-1B roles can be full-time or part-time, and concurrent positions are a common reason to file part-time. You might hold a full-time primary role and a part-time concurrent one, or two part-time H-1B jobs that add up to a full schedule. The petitions define the hours, so the second employer states the intended hours in its filing.
What does not flex is the wage. Each petition carries its own LCA at the prevailing wage for that specific occupation and location, set for the hours the petition specifies. A part-time concurrent role is measured against the prevailing wage for that part-time work, so the second employer commits to paying at least that certified rate for the hours you actually work there. The two jobs are priced separately because they are separate petitions.
Keeping the hours and duties on each petition accurate matters. If a concurrent role expands from part-time to full-time, or the duties shift enough to change the wage level, the employer for that role generally needs to file an amended petition to keep the terms honest.
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Using a concurrent H-1B for your own startup
One of the more powerful uses of a concurrent H-1B is holding one through a company you founded, while a separate employer keeps you in primary H-1B status. This is possible, but it turns on one requirement that decides most of these cases: a genuine employer-employee relationship between the company and you as the beneficiary.
The company sponsoring you cannot simply be you. It has to be able to act as a real employer with the ability to control your work, which in practice means it can hire, pay, supervise, and, importantly, fire the beneficiary. Founders usually establish this through a structure such as an independent board of directors or another governing body with the authority to make employment decisions about the founder, so that the company, not the founder acting alone, holds the power to hire and fire. Where that control is real and documented, a concurrent H-1B through your own startup can work.
This is the same employer-employee-relationship test that governs founder H-1B cases generally. Our posts on starting a company on an H-1B and self-sponsoring an H-1B go deep on how to build that structure, so treat this section as the concurrent-employment version of that question rather than the full founder playbook. The takeaway here is that the concurrent H-1B is the vehicle; the employer-employee relationship is what makes it hold up.
What happens to your H-1B status if one job ends
Each H-1B petition stands on its own terms, and that cuts both ways. If your concurrent role ends, your primary H-1B is unaffected, because it was never dependent on the second petition. You keep working your main job exactly as before.
The direction that needs more care is the reverse. If your primary H-1B ends, the concurrent petition does not automatically preserve your status just because it exists. A concurrent H-1B is authorization to work a specific job under a specific petition; it is not a safety net that inherits whatever your primary employer was doing. Whether the remaining petition keeps you in valid status depends on that petition's own terms and on your maintaining the conditions it was approved under.
Because of that, anyone relying on a concurrent H-1B to bridge a gap should confirm how each petition stands before making a move. The safe assumption is that losing your primary role is a status event you need to plan for, even when a second H-1B is still on file.
When a concurrent H-1B makes sense, and when to pause
A concurrent H-1B is the right call when you have a real second opportunity you want to take on without leaving your current employer: a part-time role in your field, consulting for a second company that will sponsor you, or building a startup that can support a genuine employer-employee relationship. In each of those cases the concurrent petition lets you hold both positions cleanly, on separate and independently valid filings.
It is worth pausing when the second "employer" cannot show real control over your work, when your primary status is shaky and you are treating the concurrent petition as a backstop it was never designed to be, or when the second role's duties or hours are still too undefined to support an accurate LCA and wage. None of these rules out a concurrent H-1B; they just mean the structure needs to be sound before you file. The decision is yours, and it is easier to make with a clear read on how each petition would stand.
If you are a founder or professional weighing a concurrent H-1B, Tukki can help you structure it. Tukki is a U.S. immigration services company focused on employment-based visas, offering dedicated attorney support and full case visibility from the first filing onward. Whether you are adding a part-time role or building the employer-employee structure to run a concurrent H-1B through your own company, our team can map out the filing and flag the risks before you commit. For the full requirements behind the visa itself, start with our H-1B visa guide.