H-1B Visa from Canada

The H-1B visa is a non-immigrant visa that allows foreign workers to come and work in highly specialized occupations in the U.S. The H-1B visa from Canada is for Canadian immigrants looking for temporary work in specialty occupations in the U.S. Individuals with a sponsorship from a U.S. employer can apply. The specialty occupations include I.T., finance, engineering, medicine, social and physical science, law, architecture, and education. The H-1B visas are issued for part-time or full-time work, depending on the application. To apply for a specialty occupation, you must have a minimum Bachelor’s degree or higher and possess specialized knowledge. The H-1B visa is generally categorized into three types that are:

• H-1B Specialty Occupations
• H-1B2 Department of Defense (DOD) Researcher and Development Project Worker
• H-1B3 Fashion Model

 

Is an H-1B visa required for Canadian citizens?

Canadian citizens are visa-exempt and do not require an H-1B visa stamp. However, they must submit a checklist of documents to the CBP officers at the port of entry while traveling to the U.S.

 

Documents required for Canadian citizens

Canadian citizens traveling to the U.S. must present the following checklist of documents while entering the country:

• Valid passport
• I-797 Approval Notice
• Letter verifying your current employment status
• I-129 Petition

 

H-1B Visa Eligibility

The eligibility criteria that need to be fulfilled to apply for an H-1B visa are as follows:

• A valid job offer from a U.S. employer for a role that requires specialty knowledge
• Proof of a Bachelor’s degree or equivalent work experience in that field
• The employer must submit evidence that U.S. applicants are absent for the role.
• Your immigration status must be considered “specialized” by the USCIS.
• The employer must submit a labor condition to the Department of Labour that includes all the terms and conditions of the employment contract.

 

Specific considerations for Canadian Immigrants applying for H-1B visa

Some of the factors that immigrants in Canada should consider while applying for H-1B visa:

• Visa duration:

The H-1B visa is issued for a 3-year period that can be extended for a maximum of 6 years. To get more time on the visa, the visa holder must leave the country for at least one year and re-apply for it.

 

• Ease of obtaining:

To acquire an H-1B visa, the employer must submit an I-129 application to the U.S. Citizenship and Immigration Services (USCIS) and file a Labor Condition Application.

 

• Start dates of initial applications:

The H-1B visa can only be initially applied for unless the employment is at a university or a non-profit research organization.

 

• Lotteries:

The H-1B has an annual cap of 65,000 for the regular category and 20,000 for the Master’s degree. After the intake of applications is fulfilled, an H-1 B lottery is held. However, considering the huge volume of applications, the lottery does not assure a selection.

 

• Filing fees for initial applications:

The filing fees for the H-1B visa are at least $960 for those employed at a university or non-profit organization and $3,685 for those employed in companies with over 25 full-time employees who request premium processing.

 

• Extensions/Renewals:

The H-1B visa can be renewed for up to 6 years with exceptions for those with a Labor Certification Application pending for 12 months or more and those with an approved I-140.

 

• Dual intent:

The H-1B visa is a dual intent visa that allows visa holders who will be registered for temporary employment purposes while giving them the chance to apply for permanent residency.

 

• Occupation and experience:

H-1B visa holders can choose from a wide range of occupations provided they have a Bachelor’s degree or an equivalent.

 

H-1B Visa Requirements

The requirements for the H-1B visa are given in the table below:

H-1B Specialty Occupations	General Requirements (among others)
	The occupation requires:
	Theory and practical usage of a body of highly specialized knowledge; and
	A bachelor's or higher degree in the specific specialty (or its equivalent)
	The job role must fulfil the following criteria:
	Bachelor’s or higher degree or its equivalent
	The degree for positions in similar organizations or, for jobs that are complicated and can only be performed by individuals with a specialized degree
	The employer normally requires a degree or its equivalent for the position
	The nature of the duties that are to be performed is specialized and requires high level of knowledge to perform it. This type of knowledge comes with a bachelor’s or higher degree.
	For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:
	Hold a U.S. bachelor’s or higher degree required by the specialty occupation from a recognized college or university
	Hold a foreign degree that is equal to a U.S. bachelor’s or higher degree required by the specialty occupation from a recognized college or university
	Hold an unrestricted state license, registration, or certification that allows you to fully practice the specialty occupation and be involved in that field of employment
	Have education, specialized training, and/or experience that are equal to the U.S. bachelor’s or higher degree in the specialty occupation, & have recognition of expertise in the specialty job positions.

 

Educational requirements

The educational requirements while applying for an H-1B visa depend on the job role or position available.

However, the basic educational requirements for an H-1B visa are as follows:

• A minimum of Bachelor’s degree or equivalent
• Master’s or Doctoral degree
• Advanced training or vocational skills

 

Job requirements (specialty occupation)

To be able to apply for an H-1B visa, the US employer must have a job opening or a vacant work position that an American could not fill. However, the process to apply for a petition will be initiated by the US employer, and the H-1B visa process starts after the employer in the US finds an eligible foreign worker to fill the job position.   

To apply for the H-1B visa, the applicant must fulfill the job requirements given below:

• Get accepted in a job that requires both theory and practical application of highly specialized knowledge.
• Have a Bachelor’s degree or its equivalent or higher qualification in a particular specialty (or)
• Have a state license, certificate, or registration that is not restricted and allows you to practice the occupation fully.
• Have proven work experience in the specialty of their choice
• Have a Certified Labor Condition Application

 

Employer sponsorship requirements

Before hiring suitable foreign workers, US employers must meet specific prerequisites for sponsoring the worker.

The employer sponsorship requirements are as follows:

• The job role that is offered must fulfill the H-1B eligibility requirements
• The employer must complete the registration process and pay the required fee
• Have a certification of a Labour Condition Application (LCA) issued by the US Department of Labor (DOL).
• Must offer a minimum wage of $60,000 per annum to the worker
• Must file for the Form I-129

Steps to apply for employer sponsorship:

Step 1: File a petition

The first step towards sponsoring the foreign worker for an H-1B visa is to register for it and pay the required fee on behalf of the beneficiary or worker.

 

Step 2: Get a Labor Condition Application (LCA)

The next step is for the employer to receive a Labor Condition Application (LCA) from the U.S. Department of Labor (DOL). The employer must ensure that the H-1 B worker meets the labor requirements, including paying the average wage.

 

Step 3: File Form I-129

The employer must then file Form I-129 on behalf of the worker, which includes information about the employer’s organization/company, the job being offered, and the worker’s qualifications and experience.

 

Step 4: Complete the fee payment

The employer must pay the filing fee and the required documentation, such as educational transcripts, employment contracts, and other paperwork.

 

Step 5:  Await the status

Upon the approval of the H-1B visa petition, the worker can fly to the U.S. and start their employment.

 

Note: The employer must adhere to all the H-1B visa regulations related to the visa holders, keeping track of all the records, complying with the terms and conditions in the LCA, and informing the USCIS about any changes in the employment contract.

 

H-1B Visa Types

The H-1B visa can broadly be categorized into three types:

• H-1B1 visa: The H-1B1 visa allows U.S. employers to temporarily hire workers from Chile and Singapore on a non-immigrant basis in specialty occupations. The current cap on the number of H-1B1 visas for qualifying workers is 6,800, with 1,400 for Chile and 5,400 for Singapore.
• H-1B2 visa: The H-1B2 visa, or the DOD Researcher and Development Project Worker Visa, is for qualified applicants to work on research and development projects from the US DOD or other government projects.
• H-1B3 visa: The H-1B3 visa, or the Fashion Model Visa, requires the applicant to be a prominent or established fashion model.

                                                                                                                 

Regular H-1B visa

The H-1B visa program facilitates employers to hire temporary foreign workers in the U.S. on a non-immigrant basis. The minimum requirement to get a job in a specialty occupation is to have theoretical and practical expertise and a Bachelor’s degree or equivalent in any specialty occupation (medicine, education, healthcare, sciences, business technologies, biotechnology, etc.) Any professional job requiring a Bachelor’s degree or higher can be considered under the H-1B visa for specialty occupations. The annual cap of the H-1B visas for qualifying workers is 65,000, with an additional 20,000 under the H-1B advanced degree holders.

 

H-1B2 visa

The H-1B2 visa (DOD Researcher and Development Project Worker Visa) allows foreign workers to work on government-related projects or for the US DOD.

The eligibility requirements to qualify for the H-1B2 visa are as follows:

• Get a job that requires a Bachelor’s degree or higher equivalent.
• A general description of the roles and duties of the applicant in the project, along with the employment start date
• A verification letter from the project manager in the Department of Defense as proof of the applicant’s participation and involvement in the co-production (or) research and development project under a government-to-government agreement 
• Have established work experience in the field of your specialty
• Have a Bachelor’s degree or higher in a specific specialty or possess an unrestricted state registration, license, or certification that lets you fully practice in the specialty occupation.
• Statement with names of non-citizens working on the U.S. project and the start dates. Foreign workers whose employment ended in the past year on the same project must also be included in the above Statement.

Note: A Labor Condition Application (LCA) is not required for the H-1B2 visa category

 

H-1B3 visa

The H-1B3 non-immigrant visa is particularly for fashion models. The visa allows eligible fashion models to be recognized nationally and internationally.

The eligibility requirements to apply for the H-1B3 visa are as follows:

• Must be accepted into services or a position that requires a recognized fashion model
• Be a model of merit
• Have a Labor Condition Application (LCA)
• I-129

 

Steps to apply for an H-1B visa from Canada

To apply for an H-1B visa from Canada, one has to receive an offer from a U.S. employer. Employers can follow the below steps to apply for a petition for the foreign worker to come and work in the States.

Step 1: Get a Labor Condition Application (LCA)

The employer in the U.S. must have a Labor Condition Application (LCA) from the USCIS. The LCA allows employers to recruit foreign workers and guarantees equal wages and fair treatment.  It also proves that no U.S. citizen is available, qualified, or willing to be employed for that particular job role.

The form must clearly state the years the foreign workers will be hired. The form is proof to the U.S. and the worker that the employer will:

• Pay the worker the prevailing wage
• Provide ideal working conditions and environment
• Notify the employee of any changes in the labor certificate
• Notify the government of the work location
• Provide all the details of the company and the number of employees 
• Description of state employees and income

Step 2: File a petition with the USCIS

The employer will then offer employment to the foreign worker and file for Form I-129. The Form I-129 authorizes the employer to hire foreign workers.

Step 3: Fill in the Form I-129

The employer must file a separate I-129 form for each worker. I-129 forms are required if:

• If two different companies recruit the worker, each of them must file Form I-129
• If the worker wishes to extend their work, the employer must file Form I-129
• The new recruiter must file Form I-129 if the worker is changing jobs.

Step 4: Submit the documents & forms

The following list of documents must be submitted along with the forms:

• Form I-129 filing fee
• Employer Funded Training Fee ($1500 for 25+ employees and $750 for full-time employees in the U.S.)
• Fraud Prevention and Detection Fee of $500 for each worker/employee
• Pay the Public Law 114-113 Fee of $4,000
• Employees who want Premium Processing from USCIS must pay $1,225
• Form G-28 for employers whose attorneys represent
• Other documents

Step 5: Wait for the status from the USCIS

After the form is submitted, the USCIS will review it and make a decision. Form I-797 will be issued to the worker upon the petition's approval.

Note: Starting in April 2024, USCIS service centers will no longer accept I-129 petition requests for H-1B and H-1B1 classification. As of April 1, 2024, I-129 Petitions that were filed offline via paper, including requests for premium processing, Form I-907, and those simultaneously filed with Form I-539 and Form I-765, must be filed at the USCIS lockbox facility mentioned on Form I-129.

 

Overview of the H-1B lottery process

Registrations for the annual H-1B lottery were first started in 2020. Earlier, employers would file for the H-1B petition soon after receiving an LCA; however, now employers are required to submit through an electronic registration if they wish to enter the H-1B lottery held in April of every fiscal year. The government had initially placed an annual cap on the number of H-1B work visas to be issued once every fiscal year. With the growing demand for H-1B visas that surpass the available slots, the H-1B lottery system randomly conducts a selection for the processing of the H-1B petitions.

Employers must create an official online account at the USCIS to register workers for the lottery. They can then complete the registration for one or more workers by submitting the following information:

• The legal name of the organization that is being petitioned
• Employer Identification Number
• Authorized endorser’s name, title, and contact information
• Address of the employer
• Academic qualifications of the employee
• Name, gender, date of birth, country, and citizenship of the worker/ employee

The cost to register for a single employee is $10. Selected employers will be notified through email and can file an H-1B petition for the employee for that fiscal year.   

 

H-1B Visa Fees and Costs

Employers are required to pay all the fees associated with filing an H-1 B petition, while employees or foreign workers will only have to pay the application fees. Costs related to attorney fees and premium processing fees can be paid by either the employee or the employer.

The table given below has the complete list of H-1B visa fees:

 

Fees to be paid by the employer

Type of fee	Fee Amount
Registration Fee	$10
Public Law 114-113 Fee	$4,000
Basic Filing Fee	$780 from April 1, 2024
American Competitiveness and Workforce Improvement Act (ACWIA) Education and Training Fee	$750 or $1,500
Anti-Fraud Fee	$500

 

Fees to be paid by the worker/employee

Type of fee	Fee Amount
Consular Processing (Form DS-160)	$205
Premium Processing Fee (Optional)	$2,805 [can also be paid by the employer]
Immigration Attorney Fee (Optional)	Cost will vary [can also be paid by the employer]

 

American Competitiveness and Workforce Improvement Act (ACWIA) Fee

The American Competitiveness and Workforce Improvement Act (ACWIA) fee will differ based on the number of workers/employees the sponsoring company hires. It is mandatory for the employer to pay the ACWIA fee.  

Number of employees	Fee Amount
1-25 full-time workers	$750
More than 25 full-time workers	$1,500

 

Note:  Non-profit organizations affiliated with research organizations and government-educational institutions need not pay this fee. 

 

Premium Processing Service

The premium processing fee is optional for those who wish to speed up the application process. Employers must submit Form I-907 along with Form I-129 to avail this service. The premium processing fee costs around $2,805 with a timeline of 15 days.

 

Consular Visa Application Fee

Employers who are outside the U.S. and are required to undergo consular processing must file for Form DS-160. The consular visa application fee costs around $205 and can be paid by either the employer or the worker/employee.

 

H-1B Visa Processing Time

The H-1B visa can be processed in two ways:

• Regular processing
• Premium processing

 

Regular processing

Regular processing is more affordable than the premium processing method; however, the processing time is not fixed or certain. It can take up to 2 months to 8 months, depending on the application and other factors. The average processing time of an H-1B visa is around 3-5 months. Considering the unpredictable processing times, the regular visa processing method may not be recommended for initial H-1B visa applications. Regular processing would be an ideal option for requests related to H-1B amendment requests or visa extensions. 

Note: If you wish to upgrade to premium processing from regular processing, you can submit a request to the USCIS.

 

Premium processing

The processing time for H-1B visas under the premium processing method takes around 15 business days from the submission date to the USCIS. The premium processing method is one of the best options, with a fixed processing timeline and no uncertainty. During the application processing, the USCIS could request additional documents or information, which could impact the 15-day processing time, and reset it. The departments are usually responsible for completing the processing fee payments that include premium processing fees; you can, however, request to pay the premium processing fee in the below circumstances:

• An H-1B approval notice is required when traveling abroad for personal reasons.
• An H-1B approval notice is required to renew or acquire the visa holder’s driver’s license.

 

Upgrade from regular processing to premium processing

You can upgrade from regular to premium processing by submitting an official request to the USCIS.

 

H-1B Visa Duration and Extensions

The H-1B visa, once granted, comes with a validity of 3 years and can be renewed and extended for an additional three years. After completing six years in the country, you must exit the country for 12 months before re-applying for a new H-1B visa. You can extend your stay in the U.S. if you are currently employed in a specialty occupation with a valid H-1B status.

Note: The USCIS allows certain visa holders who wish to stay in the country longer under certain circumstances.  

 

US H-1B visa Extension process

The petition for the H-1B visa must be submitted to the USCIS no earlier than six months before or after the final expiration date of the H-1B visa status. The H-1B visa extensions are eligible for both regular and premium processing methods, which the department will recommend.

 

240-day Grace Period

While applying to extend your H-1B visa or filing for an H-1B visa status, it is not always mandatory for the H-1B visa to be approved before the end date of your current visa status. Upon receiving the petition, the current H-1B visa holders get a 240-day temporary extension period during which the petition is reviewed. The temporary 240-day period allows the visa holders to remain in the country and resume employment.

Note: The processing time for an H-1B visa extension is not specific and may take an average of 8 months.

 

H-1B visa eligibility limitations

As per the H-1B rules, the status is granted for six years with increments for up to 3 years. Certain people applying for permanent residency may be eligible to extend the visa for more than six years under certain circumstances.

 

Traveling During the Extension Process

It is advised not to travel outside the country once the extension petition is submitted to the USCIS. 

 

Documents required for H-1B extension

The documents required for an H-1B extension are as follows:

• Form I-129
• Copy of the Form I-797
• Labor Condition Application (LCA) certified by the Department of Labor (DOL)
• Updated employer letter
• Proof of qualifications of the applicant (Educational transcripts, work experience, skills, etc.)

 

Steps to apply for an H-1B visa extension

Step 1: Check if you are eligible

The first step before applying for an extension is to check your eligibility. Usually, H-1B visa holders are eligible for a 3-6-year extension period, depending on the visa category and the requirements.

 

Step 2: File an extension petition

File for an extension petition at least six months before the expiry of the current visa status.

 

Step 3: Form I-129 filing by the employer

The US employer must first file for an I-129 Form on behalf of the H-1B visa holder to start the extension process. The petition must include all the documents and fees.

 

Step 4: Submit the petition

After arranging the required documents and filling out the H-1B petition, the H-1B extension petition must be submitted to the USCIS.

 

Step 5: Wait for a decision from the USCIS

The USCIS will then review the petition before taking a decision.

 

Step 6: Receive an approval notice

An approval notice (Form I-797) will be issued upon the petition's approval. The Form I-797 authorizes the applicant to stay in the country.

 

Step 7: Maintain the visa status

The H-1B visa holder must maintain their status during the extension process by ensuring they do not engage in unapproved employment or stay beyond the expiry date.

 

Dual Intent and Transition to Green Card

The H-1B visa is a dual-intent visa. It allows the visa holder to enter the country to reside and work in the U.S. while also allowing the holder to apply for a Green card or permanent residency.

 

Transitioning from H-1B visa to permanent residency (Green Card)

While most temporary visas do not qualify for permanent residency, the H-1B visa allows its holders to be eligible. This dual-intent visa permits holders to stay in the country for six years while qualifying for permanent residence.

 

Benefits of the US Green Card

Some of the reasons why you should consider transitioning to a Green Card are as follows:

• You can reside and work as a lawful citizen in the U.S for an indefinite time
• You do not require a work authorization to prove your status
• You can travel freely in and out of the country
• You become eligible to apply for citizenship upon completing five years in the country
• You can sponsor your relatives

 

Advantages and disadvantages of the H-1B visa

Some of the benefits you can enjoy as an H-1B visa holder are as follows:

• The work authorization period might differ based on the employer and the job offered; however, H-1b visa holders can live in the country for three years with an extension of 3 years.
• More job professions and occupations are listed under the H-1B visa category.
• The H-1B visa is a dual intent visa status, meaning the applicant can be sponsored for a green card while holding the H-1B status.
• H-1B visa holders have the liberty to switch employers
• Extend your visa beyond six years with an I-140 Form.  
• Sponsor your children and spouses to study in the U.S.
• Convert the H-1B visa to a Green card upon eligibility.

 

Disadvantages of the H-1B visa

While the visa comes with its own set of benefits, there are some drawbacks of the H-1B visa, which are listed below:

• Getting an H-1B visa is not easy. The employer must file a petition in the fiscal year to be selected for the H-1B lottery.
• The H-1B application can only be submitted by the employer in the U.S., not by the employee/worker.
• The visa can only be extended for six years, with a lower chance of qualifying unless they apply for an extension under AC21.