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.

H-1B  Specialty Occupation

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.

Call the Law offices of Donald G. Walker for assistance with all H-1B Visa applications 877-807-0316

H-1B Visa

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.