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US immigration laws cap H-1B visa selections

Residents of British Columbia who want to work in the United States as nonimmigrants need H-1B visas, a U.S. immigration category that enables companies in the United States to recruit workers from other countries. Petitions must be specialty occupations that require theoretical or technical expertise. Unfortunately, the selections are capped, and many petitioners are unsuccessful each year. Notice of failed applications can take weeks to reach petitioners due to the large number of requests.

One of the ways in which Canadians with bachelor’s degrees or higher can work in the United States is on an H-1B visa. However, an employer in America must sponsor the petitioner. Earlier this year, the U.S. Citizenship and Immigration Services announced that the cap selection process for H-1B visas for the fiscal year 2020 was already reached.

This selection involves a random, computer-generated process, along with a specific number of allocations under the U.S. advanced degree exemption program. Reportedly, the 2020 regular visa cap was reached within one week of the opening of the application period. The congressionally-mandated cap for regular H-1B visas for the fiscal year 2020 was 65,000.

Many people in British Columbia with ambitions to work south of the border have questions about U.S. immigration laws and the procedures involved in the visa application process. A consultation with a lawyer can bring answers, and legal counsel can determine which type of visa would be applicable. An experienced immigration lawyer can provide support and guidance with the administrative and legal steps of filing petitions for H-1B or other visas.