x
Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Learn how we can help you

More Options...

Specialty Occupations: H-1B Visa

U.S. Work Permits for Specialty Occupations H–1B Visa

The H-1B visa is also known as the "Person in Specialty Occupation" visa. It is described as a visa for those who want to enter the U.S. in order to work in a specialty occupation that requires a higher education degree or its equivalent. Contact us today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email us directly.

Just as is the case with all work-related visas, the H-1B has specific requirements that must be met in order to qualify. The United States Citizenship and Immigration Services (USCIS) lists these requirements as:

  • Showing an employer-employee relationship with a petitioning U.S. employer - What this means is you must have a relationship in which your U.S. employer has the power to hire, pay, fire, supervise and control the work you do while in the country through the H-1B visa
  • The job must qualify as a "specialty occupation" under at least one of the specific criteria. These criteria are:
    • A bachelor degree or graduate degree is required to do the job
    • The complexity of the degree necessary for the work means it may only be done by someone with at least a bachelor's degree in a field related to it
    • The employer usually demands a degree for that job or
    • The nature of the work is so complex that the knowledge essential to the work is normally associated with an advanced degree (at least a bachelor's)
  • The job must be in a specialized occupation that relates to the field of study of the foreign worker (i.e. you and/or the employer may provide evidence that similar companies in your industry or field require similar degrees for the job you will do on the H-1B visa)
  • You must be paid the prevailing wage
  • There must still be an H-1B visa available (unless there is no limit in your field). Typically, there is a cap of 65,000 visas in the H-1B category. According to the USCIS website, "Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap."

If your work qualifies under these requirements, then your employer must submit the proper documentation for certification. This is known as a Labour Condition Application (LCA) and is submitted to the Department of Labour.

Free Download: How H-1B Visa Holders Can Move to Canada

Obviously, there are many significant issues related to this matter, and it is always best to work with an experienced immigration lawyer in order to facilitate the entire process. There is a great deal of documentation required from both the employer and employee, and it is best that a qualified professional provides support along the way.

Contact us today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email us directly.

Facing a Visa Refusal in Canada? Here’s What to Do Next

A visa refusal in Canada can feel like a major setback, but it doesn’t have to be the end of your immigration journey. Whether you applied for a visitor visa, study permit, work permit, ...

Read More

A Guide to Building Your Legacy Through Immigration

How Building Your Legacy Through Immigration Can Help You Live the Life You WantBuilding your legacy through immigration starts with a vision for your future and the courage to act.Immigration ...

Read More

Are Tariffs Why Canadian Businesses Move to the U.S.?

Canadian businesses are feeling the pressure. Tariffs are climbing, profits are shrinking, and cross-border trade feels more like a maze than a highway. If you're running ...

Read More

7 Reasons Why American Expats Choose Canada in 2025

Canada continues to attract American expats seeking more than just a change of scenery. For some, it’s about escaping political or economic uncertainty. For others, it’s the promise ...

Read More

Immigration Requirements for Professional Speakers Travelling to the United States

Whether you’re stepping onto a stage in San Diego or keynoting in Kansas City, speaking across the border should be a career milestone, not a legal minefield. For Canadian professional ...

Read More

A Comprehensive Guide to U.S. Work and Investor Visas for Canadians

For many Canadians, moving to the United States for work or investment opportunities can be a life-changing decision. The U.S. offers several visa options tailored to business professionals, ...

Read More

Featured Resource

Sign Up For Our Newsletter

Thank you for your interest in receiving our Monthly Immigration Newsletter. Please take a moment to complete the form below to confirm your registration. ...

View Resource

Evelyn is extremely professional and always a pleasure to work with! Highly recommend her expertise.

J.C.

View All Testimonials