H-1B Visa Work Permit

Each US Work Visa is designed to draw on different strengths that an individual offers the United States. The H-1B Visa is for highly educated individuals who can work  in “specialty occupations” for US employers.

If you’ve done the training, you are in a good position for working in the US. The challenge is satisfying an immigration officer that you qualify. That entails both fulfilling all the requirements, and presenting a professional application package.

In order to feel confident that you are maximizing your potential, you should apply with the assistance of an immigration lawyer.

Niren & Associates has over 15 years experience with preparing applications for foreign workers, and we have a proven track record for getting results. We work closely with your immigration needs, and guide you through the process each step of the way.

Contact our Montreal immigration attorneys for a no-obligation, professional, honest assessment.

Through the entire procedure you were respectful, informative and readily available. Your guidance was invaluable and your thoroughness for making sure every one of the necessary records was obtained was key in my H-1BVisa getting approved. – Dani W.

Qualifications for an H-1B Visa

In order to qualify for an H-1B Visa:

• You must perform services in the U.S. in a specialty occupation;
• You must have a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing;
• A bachelor’s degree or higher is the minimum requirement for entry into that position;
• The degree requirement is common to the industry in parallel positions among similar organizations or the duties of the positions are so complex that only a person with a degree can perform them
• The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree
• Your U.S. employer normally requires a degree for the position offered
• You must have the correct background to the job offered
• It is important to note that where a degree is not usually required for an occupation, an H-2B Work Visa may be appropriate.

The Procedure for Appying for the H-1B Visa

If you fulfill the requirements for the H-1B Visa, your immigration case will have to go through three specific steps.

1. Prevailing Wage Determination

The employer must determine the “prevailing wage” for the complete job offered to the foreign national. This is usually done by filing a request with the state employment security agency (SESA). The wage must be higher than or within 5% of the prevailing wage in the state on the indented employment.

2. Employer’s Attestation

The employer must file a Labor Condition Attestation (LCA) with the United States Department of Labor (DOL). The LCA contains information about the nature of the occupation, the number of foreign workers that have been hired and the wages paid. The LCA also contains a written promise that foreign nationals will be paid the higher of the prevailing wage or the actual wage paid to similarly situated workers; that there are no strikes or lockouts in process involving jobs to be filled by foreign workers and that the employer has given notice of the filing of H-1B attestations to either the labor union or has posted notice of the filing in a open space where other workers to see.

3. Employer’s Petition and Application

The employer files the H-1B Visa Petition with the INS Service Center in the United States. Once the Petition is approved, the application is filed by the foreign national to the U.S Consulate. IF YOU ARE CANADIAN, you can simply go to a US port of entry with the approved petition and be admitted.

Processing times range from 9 to 14 weeks depending on the INS Service Center that has jurisdiction over the case.

Duration of H-1B Status

H-1B Work Visas can be issued for a period of up to 6 years. However, the INS typically will issue the visa for an initial period of 3 years. Extensions must be filed after the three-year period usually requiring a new Labor Condition Attestation (LCA).

There is an H-1B Visa Quota, So Help from Montreal Immigration Lawyers is Crucial

Since there are only 65,000 H-1Bs that will be accepted for the fiscal year of 2011/2012, you need your application to be filled in properly. Our immigration services will take the pressure off of you to understand the complicated legal requirements, and we will prepare a professional application on your behalf.

When you have experienced immigration lawyers taking care of the paperwork, you can concentrate on planning your life in the US.

Contact our Montreal immigration law office to get started on your application today