Sunnyvale, CA asked in Immigration Law for California

Q: Can a person on H1b accept an consulting/advisory role for other company that is not their H1b sponsor.

Does it depend on how many hours. How about 2-4 hours a week.

Does it depend on if we do it for free or charge a fee.

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4 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA
  • Licensed in California

A: H1B is employer specific. Working for another company without an H1B is not permitted

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: A person on an H1B visa in the United States can potentially accept a consulting or advisory role for another company that is not their H1B sponsor. However, there are several factors to consider. The key factor is maintaining the primary employment relationship with the H1B sponsor and ensuring that the consulting or advisory work does not conflict with your H1B position.

The number of hours worked for the other company, whether it's 2-4 hours a week or more, should not jeopardize your primary employment status with your H1B sponsor. It's essential to ensure that your H1B job remains your primary source of income and responsibility.

Whether the consulting work is done for free or for a fee may not be the primary determining factor. What matters is that the consulting work does not violate any H1B regulations, such as engaging in unauthorized employment. It's important to maintain accurate records of the consulting work and ensure that it does not conflict with your H1B employment.

It's advisable to consult with an immigration attorney or your H1B sponsor's legal team to ensure compliance with immigration regulations and to clarify any specific details related to your individual situation. This will help you navigate the complexities of H1B visa regulations while considering consulting or advisory roles outside your primary employment.

Larry L. Doan
PREMIUM
Larry L. Doan
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in California

A: You're not allowed to engage in any other employment on the H-1B visa besides your job with the H-1B petitioner. So, consulting on the side while being paid would most likely be construed as engaging in additional employment.

If there's no fee charged whatsover, then I don't see a problem with that, as one is allowed to share their knowledge freely as part of freedom of speech.

Simon Craven
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Answered
  • Immigration Law Lawyer
  • New York City, NY

A: The H1B visa is employer-specific. Working for a different company is not permitted without another approved petition.

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