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What's the minimum hours per week of work a part time H1b employee could be hired?

San Jose, CA |

I'm a startup, need to hire an adviser who works full time on H1b for another employer. Right now I just need this adviser for very limited say 1 or 2 hours per week to guide me on an area that he is really good at.
1a- Can I apply 1 hr / week part time concurrent H1B visa for him to work with me??
1b- Is there a minimum hrs/week for the part time concurrent H1b visa?
2- Say after 6 months or an year, can I apply to USCIS to change the approved hours from 1 to say 10?

Based on the two answers below regarding minimum hours, it appears that opinion of experts differ: Has anyone filed + got approval for a part time H1b (concurrent) below 20 hours? How many hours could I safely get approved? Currently I've 4 other advisers with whom I have weekly 1 hour meetings - they are Citizens so I don't have to apply H1b for them, they've their own LLCs and it's easy for them to bill me 4 hrs/month.

Attorney Answers 3


You need to consult with an immigration attorney about al aspects of the petition. This is not the last question you will have. 20 hours is a minimum.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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We have never applied for an H-1B worker at less than 20 hours per week.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Although there is no minimum, the hours must make sense. 1-2 hours per week do not make sense.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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