Am I eligible for an H1B Visa for the United States?

H1B work visa is a United States work permit for specific occupations. You could be eligible for one if you meet the requirements. Some of these requirements include: 

  • You are required to already have a job offer from a United States employer that pays the prevailing wage in that geographic area for the occupation in question.
  • The occupation in question usually requires a bachelor degree or higher, and the occupation always requires this higher level of education – not just this particular job opening.
  • You are qualified for the job with your work experience and not just your education.

In addition to these requirements, you’ll also have to ensure that you have several important pieces of documentation for your application for an H1B work visa, including:

  1. A prevailing wage determination to show that the job does indeed pay the prevailing wage for that occupation in the geographic region the job position is being offered in.
  2. An employer’s attestation that has information such as the nature of the occupation, the number of foreign workers the employer has hired and wages paid.
  3. You must obtain a copy of your employer’s petition, once approved, that petitions you for the visa and include this in your application.

If the H1B work visa for the United States does not seem like something you’d be eligible for, there are many other different types of United States work visas you can choose from. For example, the H2B work visa is available for people whose occupations do not require such a high level of education, while the TN visa is also available to Canadian citizens as well.

Before you apply for an H1B work Visa

The cap for the 2013 H1B visa applications was reached in April 2012, which means that the cap for the 2014 fiscal year may be announced soon or early next year. This means you should start getting your application and any relevant paperwork or supporting documentation (including your job offer) together immediately. The more prepared you are, the more confident you can be in the success of your application.

We are licensed immigration attorneys with the knowledge and experience to ensure that your application is error and omission free, and make sure that you and your application have the best chance possible of being approved. You can call us using the telephone number above!

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: h-1b work visa H1B Work Visa United States Work Visa US work visa cap

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

No comments yet.

Leave a Reply