This blog will cover in detail on how you can apply H1b visa from Canada. Whether you are canadian citizen or a premanent resident or on a work permit , you can be eligible to apply for H1b as long as you have a valid job offer. The process is similar to how you apply for an  H1b visa from rest of the world .

H1b visa background

The H-1B program allows employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. T

This Visa is mostly used by tech giants to hire the top talent across globe and bring them to United states. Every year USCIS accepts applications and approves them based on a lottery system. Usually number of H1b registrations are more then the H1 B cap therefore a lottery system decided whether your petition gets approved or not. However there are exemptions to the lottery system if you posses advance degree.

Source- USCIS

The advanced degree exemption is an exemption from the H-1B cap for beneficiaries who have earned a U.S. master’s degree or higher and is available until the number of beneficiaries who are exempt on this basis exceeds 20,000.

This blog will cover in detail on how you can apply H1b visa from Canada in a step by step guide. Whether you are canadian citizen or a premanent resident or on a work permit , you can be eligible to apply for H1b as long as you have a valid job offer.

Eligilibty Criteria for H1b

Eligiblity criteria is same for H1b irrespective of the country you are from .

Employer Requirements:

1. Job Offer: The employer must offer a job in a specialty occupation that requires theoretical and practical application of highly specialized knowledge.

Employee Requirements:

1. Specialty Occupation: The job must qualify as a specialty occupation. Typical fields include IT, engineering, mathematics, physical sciences, social sciences, biotechnology, business specialties, etc.
2. Educational Qualifications: The employee must have at least a bachelor’s degree or its equivalent in a field related to the job. If the degree is from a foreign institution, it must be evaluated for U.S. equivalence.

Preparing for the H1B visa Application

The first step is to get an offer Job offer letter from potential US employers who can sponser your H1b visa. You can easily search H1b Visa jobs by going to H1Bvisahub and create your candidate profile. Based on your field or area of expertise you can search and apply for a job .

If you want to know which Industries and companies commonly sponsor H1B visas then you can click on this link here .

Source- USCIS H1b Employer Data .

Personal outreach via Linkedin or email will give you higher chances of selection . Make sure you tailor your outreach based on the job role.

Increase chances of H1b lottery selection

Increasing your chances of selection in the H-1B lottery involves strategic preparation and leveraging available opportunities. Here are some tips:

1. Master’s Cap Advantage: If you have a U.S. master’s degree or higher, you can apply under the advanced degree exemption, which offers an additional 20,000 H-1B visas.

2. Early and Accurate Filing:

• Timely Submission: Ensure your application is submitted as soon as the filing window opens.
• Accurate Documentation: Double-check all documents and forms for accuracy to avoid rejections.

3. Multiple Petitions (within Regulations)

• Different Employers: Multiple employers can file separate petitions on your behalf, increasing your lottery chances. However, this must be legitimate; the employers must be unrelated and the job offers genuine.

4. Cap-Exempt Employers:

• Universities and Non-Profits: Consider positions with cap-exempt employers such as universities, nonprofit research organizations, and government research organizations. These employers are not subject to the annual cap.

Biggest of them would be working with an experienced immigration attorney who can optimize your H1b Petition for approval. You can go to H1Bvisahub to find best attorney match for you.

The H1B Application Process

1. Employer Sponsorship:

• Eligibility Check: Ensure the job role qualifies as a specialty occupation requiring specialized knowledge and a bachelor’s degree or higher.
• Offer Letter: Obtain a job offer from a U.S. employer willing to sponsor the visa.

2. Labor Condition Application (LCA):

• Form ETA-9035: Employer files an LCA with the U.S. Department of Labor (DOL).
• Certification: Employer must attest that they will pay the prevailing wage and meet other labor requirements.
• Posting Requirements: Employer must post notices at the work location(s).

3. USCIS Petition (Form I-129):

• Form I-129: Employer completes and submits Form I-129 (Petition for a Nonimmigrant Worker) to USCIS.
• Supporting Documents: Include proof of the job offer, LCA certification, evidence of the beneficiary’s qualifications (e.g., degrees, work experience).

4. Lottery Process (if applicable):

• H1B Cap: If the petition is subject to the annual cap, it will be entered into a lottery.
• Selection Notification: If selected, the petition will be processed; if not, it will be returned.

5. Petition Adjudication:

• Processing Time: USCIS reviews the petition, which can take several months. From the day you register to the final approval it could take 7–10 months time.
• Request for Evidence (RFE): If additional information is needed, USCIS may issue an RFE.
• Approval or Denial: USCIS will approve or deny the petition.

Key Tips

• Timelines: Start the process early, as it involves several steps and can be time-consuming.
• Documentation: Ensure all forms and documents are accurate and complete.
• Legal Advice: Consider consulting with an immigration attorney to navigate the process effectively.

Pay the required fees

Most of the the fees are paid by the employer who is filing your petition.

 Post-Application Steps

After submitting the application yu will get a receipt notice which you can used to track the status of your petition on USCIS case portal. Here are the breakdown of the steps once your employer files H1B petition.

1. Receipt Notice (Form I-797C):

• Issuance: USCIS issues a receipt notice (Form I-797C) to the employer upon receiving the petition.
• Tracking: Use the receipt number to track the status of the petition on the USCIS website.

2. USCIS Processing:

• Review: USCIS reviews the petition, including the supporting documents.
• Request for Evidence (RFE): If additional information is required, USCIS may issue an RFE. The employer must respond with the requested information within the specified time frame.

3. Petition Adjudication:

• Approval Notice (Form I-797): If the petition is approved, USCIS issues an approval notice (Form I-797).
• Denial: If the petition is denied, the employer receives a notice explaining the reasons for denial and possible options for appeal or re-filing.

4. Visa Application (For Beneficiaries Outside the U.S.):

• Form DS-160: Complete the DS-160 online visa application form.
• Visa Interview: Schedule and attend a visa interview at a U.S. embassy or consulate. Bring the Form I-797 approval notice, passport, DS-160 confirmation page, and other required documents.
• Visa Issuance: If the visa application is approved, the beneficiary’s passport will be stamped with the H1B visa.

5. Travel to the U.S.:

• Port of Entry: Present the H1B visa, Form I-797 approval notice, and other supporting documents to the Customs and Border Protection (CBP) officer at the port of entry.
• I-94 Form: The CBP officer issues an I-94 form indicating the authorized period of stay in the U.S.

6. Employment Authorization:

• Start Working: Upon entry to the U.S. with a valid H1B visa, the beneficiary can begin working for the sponsoring employer from the start date mentioned on the I-797 approval notice.

Preparing for the H1b visa interview

Having gone through both L1Bb and H1b visa interview in the past , i can say that H1b visa interview is far easier then L1b . Ot takes USCIS lot of time t scrutinize the petition and approve it , later is just a formality.

If you want to know more about the H1b stamping in Canada process , wait times please refer to our detailed blog H1b visa stamping in canada

Data for H1b visa interview also indicates the higher approval rate so it is safe bet in comparison to L1b.

Source : Visagrader

Commonly asked H1b questions

We recently compiled a list of common H1b questions with answers , which has published in our recent blog H1b interview questions . This would is a great guide on what type of questions are being asked and how you should answer them.

Transitioning from Canada to the U.S.

Once you get your H1b visa stamped in your passport. You can enter the US and start your employment based on the date decided by your employer.

Decide your accommodation

You might have to look for accommodation before coming to united states . So you can check apartmements.com website for the rentals and call the property manager to see if they can take applications without any credit history . You canadia credit history might also be acceptable.

I stayed in hotel for first 2 weeks and then visited a few apartments close to my work location . I would recommend the same approach so that you get an idea of the surroundings and whether is meets your requirements.

Crossing the border

By Land : If you are planning to cross the border by land then you would go to any port of entry to enter into united states. Also need to import your vehicle into US . CBP requires you to fill certain forms for vehicles imported from canada and you can find more details on how to import vehicle this link. Vehicle import can also be done after you enter united states by going to a CBP office .

By Air: If you are coming by air then the CBP offices will issue you I94 at the canadian airport itself before boarding the flight. At least this was my experience from Toronto Peason airport.

Getting Social security and Bank account

First thing you would do after landing is get a bank account and SSN , for which you may need your employment letter and address of proof. You can apply for SSN within 15 days of your arrival . Visit local Social Security office to get your SSN .

Getting US drivers license and vehicle license plate and registration number

Most of the states will accept your valid canadian drivers license and you won’t be required to sit for another driving test . However you might be required to do written exam.

Once you get the license you can apply for vehicle license plate and registration number at local DMV office and get your vehicle inspected at a authorized center.

Common Challenges and How to Overcome Them

Find a Job and the right employer: Biggest challenge for anyone who wants to come on H1b visa is finding a employer who can sponser H1b visa . In my view going with reputed tech companies is the best bet because they have tie up’s with biggest law and immigration firms . Your H1b petition would be optmized for approval and you will be supported throughout the proccess.

However if you cannot find an employer then go to our website h1bvisahub and find a suitable job . We have thousands of curated H1b jobs which are updated on weekly basis.

RFE :Request for evidence is common way with which USCIS asks for additional information before approving a petition . Make sure you respond to those requests via your employer as soon as you receive them .

Conclusion

• H1b Application proccess and cap applies to all Countries including Canada , unless you are exempt from the Cap.
• It is important to find a suitable employer who can sponser your H1b Visa from Canada
• Complete the H1b visa application via your employer and attend visa interview.
• Move to US by land or by Air , apply SSN and start employment.
• Contact H1BVisaHub to find top attorney for H1b Visa and also apply for thousands of open H1b Jobs.