H-1B Visa Documents

H-1B Visa Documents

The immigration process is a delicate one, regardless of the visa you choose. Because the competitiveness of the H-1B visa, it’s all the more important to make sure that you get it right the first time. If you have been wondering which H-1B visa documents are required for the filing, interview, and even Requests for Evidence, this page will serve as your reference point.

H-1B Overview

In order to truly understand which documents are required for the H-1B visa, let’s start with the basics. The H-1B is a nonimmigrant (temporary) visa meant for foreign nationals with a job offer in a specialty occupation. To qualify for this visa, you will need to prove a few things:

  • That you have a valid job offer from a bona fide U.S. employer
  • That you and your employer have a legitimate employer-employee relationship
  • That your position qualifies as a specialty occupation

Additionally, if you are planning on submitting a petition for a cap-exempt position, then you will need to provide supplemental H1-B visa documents. Cap-exempt positions are those for institutes of higher education, nonprofit organizations affiliated with institutes of higher education, and governmental research organizations. The required documents to prove your cap-exempt situation vary from person to person, so ask your immigration attorney what you should provide.

H-1B Visa Documents

H-1B Visa Documents List

Because there are several different process stages for the H-1B, there are also different documents required for each stage.

H-1B Documents for Filing the Petition

  • I-129 petition
  • Approved Labor Condition Application
  • Supporting evidence, including
    • Copy of resume
    • Copy of job offer including job description
    • Proof of your degree
    • Other evidence that may be particular to your case

Required Supplementary Documentation for the H-1B Visa Process

  • Duplicate copy of the passport
  • Proof of prior employment
  • Proof of existing certifications or accomplishments
  • Letter from registrar to certify completion of educational credits
  • Copy of educational or technical degrees
  • Duplicate copy of transcripts
  • Letter from present employer

To ensure a proper H-1B process

  • Sign all forms in black ink
  • Be sure all signed checks/money orders contain the correct amount
  • All documentation must be submitted with the petition in a timely manner.
  • Complete all sections within the Petition for a Nonimmigrant Worker (Form I-129).

The entire H-1B visa processing mandates a specific H-1B package. Along with all the documentation, the package requires separate checks for the I-129. The expected fees include premium processing (if applicable), fraud fee, U.S. employer sponsorship, and public law. The checks should be stapled at the bottom right corner of the first page. The USCIS does have a preferred order of documentation.

If you are outside of the U.S. when you petition for your H-1B and not under any other nonimmigrant status, you may need to go through a consular interview before entering the country. This means that you need to make an appointment with the U.S. consulate or embassy in your home country and participate in the one-on-one interview with your consular officer.

Keep in mind that not everyone needs to go through the interview process. However, if you are required to have an interview, be sure to complete the DS-160 online nonimmigrant visa application and bring the receipt as well as the confirmation page along with you.

H-1B Visa Documents for Premium Processing

If you and your attorney agree that premium processing would be beneficial to your H-1B situation, you will need to file an I-907 Request for Premium Processing along with the requisite fee.

Order of Documentation for H-1B Process

  • Form I-907 ( if applicable)
  • Form G-28
  • Form I-129
  • Any mandatory attachments
  • H Classification Supplement. If the petition is for a Chile or Singapore applicant, petitioners must add a Free Trade Supplement.
  • H-1B Data Collection and Filing Fee Exemption Supplement
  • All supplementary documentation (including the Labor Certification Application and attorney representation letter).

Do Not Submit Multiple Filings

As of March 19, 2008, U.S. employers are not authorized to file multiple or duplicate H-1B petitions for the same potential employee. The change was administered to lawfully monitor the distribution of yearly H-1B Visas. The consequences for creating multiple petitions in the H-1B process are denial and rejection. The USCIS will reject the petition and not refund the submitted filing fees.

H-1B Documents for a Green Card

If you are planning on using your H-1B visa to make the transition to lawful permanent resident status through a green card, there is another list of documents to take into account.

  • You will need to have your employer submit an I-140 Immigrant Petition for Alien Worker along with all supporting evidence for the green card you are pursuing.
  • If you would like to use premium processing, you will need to file a new I-907 that is separate from any form filed as an H-1B document.
  • Once your petition has been approved and your priority date is current, you will need to submit an I-485 Application to Register Permanent Resident or Adjust Status.

Alternatively, if you go through consular processing, you will need the following documents:

  • Your passport and any expired passports
  • A photo of you
  • Comprehensive evidence of your green card eligibility
  • Your resume

You will also need to complete a DS-260 online immigrant visa application and print out the confirmation page and the receipt before attending your consular interview.

How Our Immigration Lawyers Can Help

the H-1B visa may seem like the most accessible visa, but there are still many requirements and steps to go through before you can start working. Making a mistake on just one of your H-1B visa documents can result in a delay or even a denial of your visa. This will likely cause you and your employer both time and money.

To avoid this, the best thing to do is to have a qualified H-1B attorney handle your case. Here at SGM Law Group, we specialize in employment-based immigration, particularly the H-1B visa. From start to finish, we take care of every step of the process and ensure that you are on the optimal path to working in the U.S.

To get in contact with our firm, you can fill out this form and schedule your consultation today.