I am currently in the U.S. on an H-1 visa. I would like to go back to school but not have to go back to an F-1 visa. Is it possible for me to have a part-time H-1?
Response:
Yes, it is possible. The H-1 visa is not restricted to full-time work. Individuals can certainly have a part-time H-1 visa. In these circumstances, the sponsoring employer will need to do the following:
- Obtain and submit a new LCA reflecting the part-time work;
- Meet qualifying wage and hour requirements;
- Show how the individual will be able to pay for their monthly living expenses on their part-time salary.
In addition to the above, individuals who want to keep their full-time H-1 but work a second job may certainly do so by obtaining a part-time H-1 visa concurrent to their full-time H-1.