Am I Eligible for an H-1B Visa for the United States?

Am I eligible for an H-1B visa

Who is Eligible for an H-1B Visa

H-1B work visa is a United States work permit for specific occupations that require a highly skilled worker to fill an open position. Many of these positions are in technical fields and require a University degree. You could be eligible for one if you meet the following H-1B Visa requirements.

  • 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.

Required Documents for H-1B Visa

In addition to these requirements, you’ll also have to ensure that you have several important pieces of documentation for your application for an H-1B 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 H-1B work Visa

The cap for the 2013 H-1B 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.

Do You Have Questions About if you are Eligible for an H-1B Visa?

All the attorneys at Niren & Associates are both knowledgeable and experienced 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. The first step towards a successful working visa application is getting an evaluation of your case. Fill out our online immigration evaluation, and we will get back to you within 24 hours to discuss your eligibility and visa options.

All of Niren & Associates’ cases are handled by independent, licensed and award winning Canadian and U.S. lawyers who adhere to the highest standards of client service. If you have immigration questions, we may have the answers you seek.

Michael Niren

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 Associate Member of the American Bar Association. Read more

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