CAN I HAVE TWO JOBS ON AN O-1 VISA?
The O-1 visa is designed for individuals with extraordinary ability in their respective fields, allowing them to work in the United States. However, when it comes to working multiple jobs, the rules vary depending on the type of O-1 visa you hold. While some O-1 visa holders can legally work for multiple employers, others are restricted to a single job.
Understanding these distinctions is crucial to staying compliant with immigration laws and avoiding potential visa violations.
Working Multiple Jobs on an O-1B Visa
If you have an O-1B visa and your petition was filed through an agent or an itinerary-based application, you can work for multiple employers. The key requirement is that all your employment activities must align with the work outlined in your petition.
For example, if you are an artist, musician, or actor, and your application was structured to include multiple contracts or projects, you are permitted to engage in different jobs within the scope of your approved O-1B visa. This flexibility is particularly beneficial for professionals in creative fields who often work on a project basis with multiple companies.
It is important to ensure that all jobs are listed in your petition or that your agent sponsors you for an itinerary of approved work. Any significant changes in employment should be updated with USCIS to maintain compliance.
Working Multiple Jobs on an O-1A Visa
For O-1A visa holders, the situation is different. Unlike O-1B holders with an agent-based petition, O-1A visa holders are typically tied to a single employer. This means that if you have an O-1A visa for extraordinary ability in science, business, education, or athletics, you cannot legally work for multiple employers unless each employer files a separate O-1 petition for you.
If you want to take on a second job while on an O-1A visa, your new employer must file a separate petition with USCIS and get approval before you can begin working for them. Without this approval, engaging in a second job would be considered unauthorized employment, which could jeopardize your visa status.
How to Work Multiple Jobs on an O-1 Visa
For O-1B visa holders, the best way to ensure you can work multiple jobs is by structuring your petition through an agent who represents multiple employers. This way, you can legally take on different projects without needing a new petition for each job.
For O-1A visa holders, if you anticipate needing to work for more than one employer, you should consider discussing options with an immigration attorney. Filing multiple O-1 petitions can be complex, but it may be a necessary step if you require work flexibility.
Final Thoughts
Whether or not you can hold multiple jobs on an O-1 visa depends on the type of O-1 visa you have. O-1B visa holders with an itinerary-based petition can work for multiple employers as long as their work aligns with their approved petition. O-1A visa holders, on the other hand, are typically restricted to a single employer unless additional petitions are filed on their behalf.
To avoid any issues with your visa status, it is essential to understand these rules and ensure that any additional work is legally approved. If you are unsure about your employment eligibility under an O-1 visa, consulting with an immigration attorney can help you navigate the process and remain compliant with USCIS regulations.
Understanding these distinctions is crucial to staying compliant with immigration laws and avoiding potential visa violations.
Working Multiple Jobs on an O-1B Visa
If you have an O-1B visa and your petition was filed through an agent or an itinerary-based application, you can work for multiple employers. The key requirement is that all your employment activities must align with the work outlined in your petition.
For example, if you are an artist, musician, or actor, and your application was structured to include multiple contracts or projects, you are permitted to engage in different jobs within the scope of your approved O-1B visa. This flexibility is particularly beneficial for professionals in creative fields who often work on a project basis with multiple companies.
It is important to ensure that all jobs are listed in your petition or that your agent sponsors you for an itinerary of approved work. Any significant changes in employment should be updated with USCIS to maintain compliance.
Working Multiple Jobs on an O-1A Visa
For O-1A visa holders, the situation is different. Unlike O-1B holders with an agent-based petition, O-1A visa holders are typically tied to a single employer. This means that if you have an O-1A visa for extraordinary ability in science, business, education, or athletics, you cannot legally work for multiple employers unless each employer files a separate O-1 petition for you.
If you want to take on a second job while on an O-1A visa, your new employer must file a separate petition with USCIS and get approval before you can begin working for them. Without this approval, engaging in a second job would be considered unauthorized employment, which could jeopardize your visa status.
How to Work Multiple Jobs on an O-1 Visa
For O-1B visa holders, the best way to ensure you can work multiple jobs is by structuring your petition through an agent who represents multiple employers. This way, you can legally take on different projects without needing a new petition for each job.
For O-1A visa holders, if you anticipate needing to work for more than one employer, you should consider discussing options with an immigration attorney. Filing multiple O-1 petitions can be complex, but it may be a necessary step if you require work flexibility.
Final Thoughts
Whether or not you can hold multiple jobs on an O-1 visa depends on the type of O-1 visa you have. O-1B visa holders with an itinerary-based petition can work for multiple employers as long as their work aligns with their approved petition. O-1A visa holders, on the other hand, are typically restricted to a single employer unless additional petitions are filed on their behalf.
To avoid any issues with your visa status, it is essential to understand these rules and ensure that any additional work is legally approved. If you are unsure about your employment eligibility under an O-1 visa, consulting with an immigration attorney can help you navigate the process and remain compliant with USCIS regulations.
MEET YOUR NEW ATTORNEY
Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. An artist himself, Mr. Yi understands the unique nature of the arts industry, and is fully qualified to provide the best service for artists seeking to work in the United States.
He has represented corporations, non-profit organizations, and individuals, in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization.
Marcus Yi graduated from St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a NYC member of the American Immigration Lawyers Association New York Chapter.
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Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are devoted to guiding you through US immigration law so contact us today to schedule a consultation.