Who can an H-1B alien work for?
H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.
Aliens may only work for the petitioning employer and only perform the work duties which are set forth in the H-1B activities which are described in the petition. Only if the rules of the Department of Labor are followed may the petitioning employer place the H-1B worker outside of the workplace and on to the workplace of another employer.
• What if the alien’s circumstances change ? • Must an H-1B alien be working at all times ? • Can an H-1B alien travel outside the U.S. ? • Can an H-1B alien intend to immigrate permanently to the U.S.? • Who is eligible to use the H1B “portability” provisions ? • If my company is acquired by another company, do I have to file for an amended H-1B ? Q: What is an H-1B visa? A: The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability. Return to index . . . Q: What is a specialty occupation? A: A specialty occupation requires theoretical and practical application of a body of specialized knowledge, along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts are specialty occupations. Return to i
