H-1B Work Visas

H-1B Cap Update

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.

Qualifying for an H-1B Visa

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

How Long will it Take to Process an H-1B Visa?

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.

How long is the H-1B valid for?

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.