H1B Labour Cert. Questions

Jessibobessy
New Member



Joined: 07 Oct 2008
Posts: 3
Location: Alberta, Canada

Posted: Tue Oct 07, 2008 3:02 pm

 

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Hi there,

Been doing a ton of research and found some conflicting information so I'm hoping someone on here can help clarify the H1B process. I am starting to look for work in the US in a specialty occupation which is not under NAFTA. I could have "dual intent" as my boyfriend, who I'll be moving in with, is American. Anyways, I have decide H1B is the best option based on everything I've seen.

So my question is about job hunting and visas. If I get a job through a contact/referral, does the employer need to prove he has tried to hire Americans for the job? I know that this is required for E2/3 green card applications, but I'm hoping not in the H1B. Have found different info. Can someone give me some tips on discussing it with employers? Thanks so much!

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Tue Oct 07, 2008 3:21 pm

 

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H-1B is tough to get because of the quota (65,000), you've missed the deadline for this year for filing for it. I think the odds of getting one for last year worked out to about 1 in 3.

They have to get the labour certification done through the Dept. of Labor in the US and once that is completed they file the I-129 petition. They don't have to prove they've tried to find someone locally unless they are covered by the "15% rule", i.e. if 15% or more of their staff have H-1Bs, then they have to advertise it locally first.

Because of the quota they have a lottery essentially.

There is an exception if you work for an "academic institution" (i.e. post grade 12) from the quota.

Because they're so familiar with the procedures, the overwhelming majority of H-1Bs go to IT companies who in essence fight over the things now. They were lobbying strongly for the quota to be raised but given the state of the economy I doubt much will happen. Up until last year employers were filing multiple petitions to try and get them but USCIS cracked down on that.

Pretty much every employer familiar with H-1B will tell you to use TN-1 if humanly possible because it's so much simpler.
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Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Wed Oct 08, 2008 3:06 am

 

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If you're going with your American boyfriend, why not just get married and have him sponsor you?
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I miss Shreddies!

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