x
(403) 452-9515 WhatsApp(587) 575-8808
Ackah Business Immigration Law – Personal and Corporate Immigration

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. 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.

Toronto's International Soft-Landing Program Attracts Indian Tech Workers

Toronto is actively recruiting Indian tech workers to move to Canada! Many young, educated Indian tech workers continue to choose Canada over the United States due to the difficulty ...

Read More

Canada Top Destination For Foreign Workers, Says New Study

Canada has overtaken the U.S. as the top destination for foreign workers, says a new study by the Boston Consulting Group (BCG) and The Network. The report on global mobility found ...

Read More

Updates to the Owner Operator LMIA

Canada immigration is ending the special work permit processing currently available for immigrant business owners under the Temporary Foreign Worker Program (TFWP) the owner-operator ...

Read More

Episode 25: Using Intra-Company Transfers and More Strategies To Move Your Business to Canada

How To Move Your Business To CanadaDo you want to move your business to Canada? Do you also want to bring yourself and your family to Canada? As a business and personal immigration law ...

Read More

How Relocation Firms Can Streamline the Expat Process to Canada

Canada has many opportunities for business growth and welcomes newcomers who want to help grow Canada's economy and create jobs for Canadians. Canada's government has implemented ...

Read More

What We Expect In Immigration Changes With the Biden Presidency

What changes are expected under the Biden administration? How will changes to U.S. immigration impact Canada? Candidate Joe Biden promised significant U.S. immigration reform ...

Read More

Featured Resource

Sign Up For Our Newsletter

Next Steps 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

I can’t thank you enough for ALL OF YOUR HELP. The piece of mind you have provided to me during a time when I was about ready to melt was invaluable and very much appreciated. I truly felt like you were in my corner against the mammoth.

Please never underestimate the comfort you provide by the way you partner with your clients. It’s what separates you. I would and will highly recommend you whenever I can.

It has been a pleasure working with you. I hope our paths cross again down the road.

– Shaunalee Boyle

View All Testimonials