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H-1B Visa is a nonimmigrant visa for working in the US. This visa allows foreign nationals or aliens to work in the US. The duration of this visa is three years, extendable up to 3 more years. After six years, you have to return to your home country. That is why more people move to Canada on H-1B visas.

 

H-1B visa is an employer-specific Visa. Meaning you have to work for the employer who petitioned on the H-1B petition. 

 

Requirements for H-1B Visa: 

 

The requirements for H-1B Visa are as follows:

 

1. This is temporary employment. So it depends upon the employer whether or not he wants to employ the applicant as a permanent employee. 

 

1. The minimum educational requirement for an H-1B visa is a bachelor's degree or equivalent. 

 

1. The worker must have professional knowledge of the skills required for the job position. 

 

1. The employer-employee relationship is a must. This means the employee must get a regular salary. The wages should be according to the standards.

 

1. The workplace should be dispute free. Employers must ensure that there will be no strikes or work lockouts at the workplace.

 

1. In case of early termination than designated H-1B visa, the employer must pay returning wages to the employee. 

 

1. The employee can not work for more than one employer as it is an employer-specific visa. 

 

How many H-1B Visas are issued every year?

 

The H-1B visa cap is 65,000, and additional 20,000 numbers for master's degree holders from US institutions. However, certain institutions are exempted from the visa cap like non-profitable educational institutions and research organisations. 

 

Dependents on H-1B visa:

 

If you are bringing your spouse or children on your H-1B visa, they will be issued an H-4 status. H-4 status for dependent children expires when they reach the age of 21 years. So you need to start preparing for other options at least six months before your child becomes 21. Children can study H-4 status.

 

Dependents on H-4 status can remain in the US until the date on their I-94 card. In case you want to change your H-4 status or extend your H-4 status, you are required to submit an I-539 Application to USCIS. 

 

If you are travelling separately, you will need an I-797 H-4 approval notice, relationship proofs including marriage and birth certificates and H-1B documents copies of the main applicant. In some cases, H-4 work applications are also accepted since May 2015. 

 

Documents required for H-1B re-entry in the US:

 

In case you are travelling to another country and re-enter in the US on an H-1B visa, you need to have the following documents:

 

1. Valid passport with validity dates six months after the H-1B status ends.  You can check I-797 for H-1B status dates. 

 

1. I-797 original notice. 
2. Documents to verify your current employment should include the job title, roles, salary and employment dates with continuous employment. 
3. Recent payslips minimum three.
4. H-1b stamp on passport but not in the case of Canadian citizens.

 

While the H-1B visa is for hiring talent for the US, it has many flaws, too, which make Canada a better option for skilled workers. For example, the time limit for the H-1B visa is a maximum of 6 years with an extension.

 

You need a year's break before applying again for H-1B. This makes Canada a better choice for H-1B visa holders. There are many streams in Canada which are similar to the H-1B visas like:

 

1. Global Talent Stream: With fast processing time, the Global Talent Stream is a speciality occupation similar to the H-1B  visa, making it easier to get a Canadian work permit. Global Talent Stream is for highly skilled personnel in various fields, especially IT. 

 

1. H-1B visa holders sometimes work for big international companies which also have branches in Canada. So H-1B visa holders are eligible for Intra Company Transfers. 

 

1. H-1B visa Canada holders who are Mexican citizens are eligible for work permits in Canada due to the Canada-US Mexico agreement (CUSMA). 

 

1. H-1B visa holders who enter Canada due to work-related reasons are eligible as business visitors, thus avoiding work permit.

 

Difference between an H-1B visa and Canadian permanent residency: \

 

The difference between the two is as follows: 

 

H1-B VISA	PERMANENT RESIDENCY VISA
H-1B Visa holders are required to leave the US in case of a company shuts down or an employee is sacked.	Permanent Residents can take any job without the thought of the company shutting down.
H-1B Visa holders are required to go back if they haven’t applied for a Green card before the completion of 6 years visa time.	Permanent residency is similar to a green card with privileges.
H-1B Visa holders have the risk of visa renewal while travelling back from another country.	Permanent Residents can travel abroad whenever they wish.
H-1B Visa holders have to work for specific employers without changing them.	Permanent Residents are free to change employers any time.
H-1B Visa holders can not start their own businesses.	Permanent Residents can start their businesses if they want.
H-1B Visa holders can only sponsor spouses or children.	Permanent Residents can sponsor dependent family members, including brothers, sisters and parents.
H-1B visa holder Spouse needs sponsorship from potential employers to work in the US.	Permanent resident Spouses will also get permanent status allowing them to work anywhere in Canada.
For H-1B Visa holders, getting citizenship is a long time.	Permanent Residents need only three years of residence in Canada, for getting citizenship.

Summary:

 

1. H-1B Visa is a nonimmigrant visa for working in the US.

 

1. This visa allows foreign nationals or aliens to work in the US for minimum 3 Years.

 

1. H-1B Visa is temporary employment and its minimum qualification is bachelor's degree or equivalent.

 

1. Your Spouse or Children will be issued an H-4 status.

 

1. H1-B Visa has too many flaws, which make Canada a better option for skilled workers.

 

1. There are many streams in Canada which are similar to the H-1B visas.
2. - Global Talent Stream
3. - Intra Company Transfers
   - Canada-US Mexico agreement (CUSMA)
4. H-1B Visa holders are required to go back if they haven’t applied for a Green card before the completion of 6 years visa time. 
5. H-1B Visa holders have the risk of visa renewal while travelling back from another country.
6. H-1B Visa holders can not start their own businesses.
7. H-1B Visa holders can only sponsor spouses or children.

 

How many H-1B Visas are issued every year?

 

The H-1B visa cap is 65,000, and additional 20,000 numbers for master's degree holders from US institutions.

 

You may also check What F1 visa means.