H-1B Petition Approved for Part-Time Additional Employment with Cap-Subject Employer for Researcher working for a Cap-Exempt Employer
The immigration law allows an individual who is working in H-1B status for a cap-exempt H-1B employer to apply for and obtain authorization for additional part-time H-1B employment with a cap-subject H-1B employer without being subject to the H-1B cap. So long as the H-1B employee is maintaining the H-1B cap exempt employment, the individual can be authorized to work for both employers. Our Philadelphia immigration lawyers were asked to file such a petition for a researcher who had discovered a new drug that was being developed by a start-up pharmaceutical company. The start-up pharmaceutical company wanted to employ the researcher directly for 10-15 hours per week in addition to his full-time University researcher position. We filed the petition explaining that it should not be subject to the H-1B cap and the petition was approved.