From Wiki
[edit] The Basics
The H-1B is a visa category that allows American companies and universities to temporarily employ foreign workers who have the equivalent to a US Bachelor's Degree. H-1B employees are employed temporarily in a job category that is considered to be a "specialty occupation". A specialty occupation is one that requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts may be considered to be specialty occupations.
It should be noted though that for many of these specialty occupations, such as law and medical doctors, a bachelor's degree alone is not sufficient as the US equivilant is usually a graduate degree.
Canadian citizens don't have a H1B "visa" but in other respects, the requirements for a Canadian to obtain H1B status are the same.
[edit] Requirements
Some of the requirements include:
- A degree, or 3 years experience in the field for each year missing of study, so 12 years if you have no university study.
- Universities do not have a quota cap, but other businesses do, which means the visa allocation fills up quickly, within a day.
- Your employer may apply for the visa in April 1st, for a visa start date of Oct 1st.
- Your employer is responsible for the visa application fee's, you may be responsible for the legal fee's and for premium processing, but a respectable company wouldn't ask you to pay any of the associated costs.
- It has dual intent, meaning you can have your employer sponsor you for a Greencard
- Spouses would receive an H4, meaning that they cannot work at all
- Unless your EB1 category (and most EB1 applicants have an L visa, not H1B), it can take a lot of time to get a Greencard. (especially if you are EB3 which takes years).
- Visa number allotment isn't very high, so they fill up quickly
- You are tied to your employer
[edit] Alternative - EB2 Immigrant Visa
- If H1B numbers are capped, then an EB2 Immigrant Visa may be a better alternative.
- EB2 requires that the job is at masters degree level.
- You don't need a H1B visa (or any non-immigrant visa) to be sponsored for an employment based Immigrant Visa
- EB2 isn't necessary quick but as long as you are not affected by country based quotas (mainly an issue for those born in India and mainland China) it may be quicker than H1B.
- You are a permanent resident on arrival.
[edit] Other Alternatives
- Canadian citizens : TN (NAFTA) visa
- Australian citizens : E-3 visa
- Singapore/Chile citizens : H1B1 (similar to H1B except that there are separate quotas)
- Intra-company transfers : L visa
- Treaty traders/investors : E-1 or E-2 visa.
