(403) 452-9515

Ackah Law

Search Ackah Law...

Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Book a Consultation

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. 103 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 (U.S.CIS) 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 U.S.CIS 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. 103 or 1-800-932-1190 or email us directly.

Canadians With L-1 Visa No Longer Can Renew at Border

The United States Customs and Border Protection are telling the Canadian workers they need to file L-1 renewal applications with U.S. Citizenship and Immigration Services, instead ...

Read More

US Visa Applicants & Travellers Denied Entry Due To Their Social Media

More and more visitors to the United States are being denied entry by U.S. border officials after a review of their social media and other online accounts. In late August a 17-year old ...

Read More

Do You Want To Be An American Expat in Canada?

Show Notes: Important Info For Americans Who Want To Move To Canada At Ackah Business Immigration Law, we are getting more and more inquiries from Americans about their eligibility ...

Read More

Who Can Provide Corporate Immigration Services?

Businesses of all sizes and in all fields need to hire foreign workers and move employees seamlessly across borders. Corporate immigration requirements change frequently - and ...

Read More

Canada Updates Tech Jobs Eligible Under Global Talent Stream

Canada has updated the list of technology occupations that are eligible under the Global Talent Stream, effective August 5, 2019. Employment and Social Development Canada (ESDC), ...

Read More

Ontario Wants Tech Immigrants Who Will Become Permanent Residents

Ontario is targeting 6 technology occupations to fill local province needs for more skilled tech workers. The Ontario Immigrant Nominee Program (OINP) supports employers by facilitating ...

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

We had an impossible task of getting a work visa in 72 hours. Ackah Business Immigration Law made it happen with professional, clear and supportive service. From the first contact we knew we were in the best hands. Evelyn called us while on vacation before introducing us to her team.....wow!!! Our company will use them again and again.

– Melissa Willis, Senior Producer, Northpass Media, LLC

View All Testimonials