The application requires the following:
(1) The employer must prove that it is paying at the minimum the prevailing wage;
(2) The employer has have the ability to pay wages
(3) The applicant has to have the required university degree to support the education requirement of the position. There is a method to equivocate the education and work experience to a university degree which can be obtained quickly and relatively inexpensively.
(4) The position must need the educational level of a university degree. In other words a position cannot be created that appears to require a university degree when in fact one is not normally required.
The processing time is a little over 120 days but can be expedited by paying a premium processing fee.
The visa can be renewed for up to 6 years. Each extension is generally three years. If at the end of six tears there had been a labor certification filed prior to the end of the fifth year, the visa can be renewed for additional one year increments.
If the H-1B ends or the employee is fired, the employee must immediately leave the U.S.
Spouse and children will obtain the H-4 visa but are not authorized to work.
The applicant can only work for the employer. However the employee can have more than one H-1B if the positions are part time. The employee can easily switch employers.
After the application is approved a Canadian can go to the US border to obtain the required I-94 card and enter the U.S. The visa can be renewed from inside the U.S. by filing an application and is not subject to any numerical limitation.
The H-1B permits the U.S. employer to temporarily (up to six years) employee a foreign national in an occupation having theoretical and practical application of specialized knowledge. The applicant must have a bachelor’s degree or equivalent combination of experience and education.
The challenge people are faced with when applying for a H-1B visa in this category is that there is an annual cap of 65,000 visa approvals. However the cap does not apply if the applicant has obtained a master’s degree before filing for the H-1B Visa. The cap is for the year from October until the end of September and applications can be filed in April for the October start date.
VISAS FOR CANADIANS