The H-1B cap for 2013 is closed. The 2014 H-1B Cap will open October 2014 but applications can be submitted 6 months in advance.
This visa is for professionals in specialty occupations who are seeking entrance to the United States to work in their field of expertise. Such a person must be "clearly professional." This means that s/he must possess either a baccalaureate degree or have amassed the equivalent employment experience or a combination of the two. An individual who is "clearly professional" may include, accountants, lawyers, doctors, engineers, management consultants and systems analysts. This list is not exhaustive. Before filing a petition for an H-1B visa, the United States employer must obtain approval of a Labor Condition Application from the Department of Labor in the occupational specialty in which the alien worker will be employed
In order to apply for an H-1B visa to the US, a petition must be filed by a US employer. Petitions can take a substantial amount of time to process, but “premium processing” services are available for an additional fee. Upon receipt of the approved petition, a Canadian can apply for entry directly at the port of entry. All other nationals will be required to apply for a visa at a US visa post prior to entry.
An H-1B visa is initially issued for a period of up to three years. The H-1B visa may be extended for a maximum allowable period of six years. However, there are certain exceptions to this rule which may allow you remain in H-1B status beyond the six year period.
For further information with respect to US and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the US, we invite you to contact our experienced immigration lawyers and attorneys by contacting the Bomza Law Group at:
1-800-993-9971 or by clicking here: “Contact Us”.