March 2023 Update: the US has received enough applications to meet the federally mandated 65,000 H-1B visa cap for the fiscal year 2023.
Effective on March 9, 2021, a new H-1B selection process will be active which was modified to prioritize wages to protect the economic interests of US workers while ensuring that most highly skilled foreign workers benefit from the temporary employment program.
November 23, 2020 Update: US officials have announced a new policy that will help spouses of H-1B and L-1 visa holders who are looking to work in the US.
What is an H-1B Visa ?
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 just 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. However, a high education is not always necessary. Some H-1B visas can be granted to applicants with little education but with lots of work experience.
Qualify for an H-1B Visa
Employment Retirement
To qualify for an H-1B visa, 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 the correct background to the job offered
Although the visa will be held by an employee, it is the responsibility of the employer to file for an H-1B visa. Both an employer and an employee may wish to retain a lawyer in order to make the process as smooth as possible.
Processing time and Period of the Work visa
Processing times range from 9 to 14 weeks depending on the INS Service Center that has jurisdiction over the case.
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).
Education, Degree and skills requirements
The nature of the specific duties of your job offer must be so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree, where your U.S. employer would normally require a degree for the position offered. The degree requirement would be 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. It is important to note that where a degree is not usually required for an occupation, an H-2B work visa may be appropriate. In most cases you may need:
- US bachelors or higher degree
- A foreign degree that’s equivalent
- Unrestricted state license, registration, or certification
- OR education, training, or experience within that specialty field
Steps to an H-1B Visa
- Find a US Business Sponsor
To successfully start your H-1B work visa application, you will need to be sponsored by a US employer to apply.
- Employer Submits LCA
Once a US company has hired you, the employer will need to complete an LCA which stands for Labor Conditions Approval agreeing that the employee will receive equal or greater than the prevailing wage for the position in that field. Labor Condition Application (LCA), Prospective specialty occupations must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer/agent. The application requires the employer/agent to attest that it will comply with the following labor requirements. The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. The employer/agent will provide working conditions that will not adversely affect other similarly employed workers. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment
- Employer Submits Form I-129
Once the LCA has been approved, the employer will then file the Petition for a Nonimmigrant Worker, Form I-129.
- Complete Application at a US Embassy or Consulate
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.