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.

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.