An H-1B Visa is a U.S. work permit that allows foreigners to work “specialty occupations” for U.S. employers.
- This means that your employment in the United States cannot be for any type of work.
- The work performed must involve a high level of skill such as in a professional occupation.
- Most applicants under the H-1B Work Visa category are highly educated with a University degree.
H1-B Visa ALERT: The annual H-1B Visa quota of 65000 per year has now been filled. No new H-1B Visas will be accepted until April 1, 2012. If you intended to apply for an H-1B Visa, contact us for alternative solutions. A TN Visa or L-1 Visa may be a suitable alternative .
Qualifications For An H-1B Visa That You Should Know
- You must perform services in the U.S. in a specialty occupation;
- You must have a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing;
- A bachelor’s degree or higher is the minimum requirement for entry into that position;
- The degree requirement is common to the industry in parallel positions among similar organizations or the duties of the positions are so complex that only a person with a degree can perform them
- The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree
- Your U.S. employer normally requires a degree for the position offered
- You must have the correct background to the job offered
- It is important to note that where a degree is not usually required for an occupation, an H-2B Work Visa may be appropriate.
Steps involved in the H-1B process:
- The employer must file a Labor Condition Attestation (LCA) with the United States Department of Labor (DOL).
- The LCA contains information about the nature of the occupation, the number of foreign workers that have been hired by the employer and the wages paid to the foreign workers.
- The LCA also contains a written promise that foreign nationals will be paid the higher of the prevailing wage or the actual wage paid to similarly situated workers; that there are no strikes or lockouts in process involving jobs to be filled by H-1B Visa workers and
- that the employer has given notice of the filing of H-1B attestations to either the labor union (if one exists) or has posted notice of the filing in a conspicuous place for other workers to see.
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Let us assess your unique situation and see how we can help achieve the most favorable outcome.
Niren & Associates’ 30 years of combined experience has helped thousands of people successfully obtain US Immigration Work Permits and Visas each year.
- We have a proven track record in our Ottawa office for handling US and Canadian visa cases and you could become one of our new success stories
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Finally it got approved. I am very happy about your service, especially the follow ups you have done in my case, which has provided me updated information regarding my application status at the visa office. I would like to recommend Niren and Associates to all my friends and co-workers who needs immigration help! Tim C.
The employer files the H-1B Visa Petition with the INS Service Center in the United States.
Once the Petition is approved, the application is filed by the foreign national to the U.S Consulate. IF YOU ARE CANADIAN, you can simply go to a US port of entry with the approved petition and be admitted.
Processing Times for H-1B
Processing times range from 9 to 14 weeks depending on the INS Service Center that has jurisdiction over the case.
Duration of H-1B Status
H-1B Work Visas can be issued for a period of up to 6 years. However, the INS typically will issue the visa for an initial period of 3 years. Extensions must be filed after the three-year period usually requiring a new Labor Condition Attestation (LCA).
Apply For The H-1B Visa Work Permit Today
Contact us by calling the number at the top right or filling out a form on the top right. Then we’ll set up a personal consultation where you explain your situation, then we can attempt to offer solutions, discuss your options and answer your questions.
I just wanted to let you know, I was very impressed with your professionalism and the speed at which you processed my visa application. I would not hesitate to recommend the both of you to anyone. Thank you so much! Terry G