Use our H1B Visa Checklist to complete your immigration petition with all the required documents. It can be devastating to get a denial of your immigration petition or Request for Evidence (RFE) which can significantly delay your approval.
Gather all of your evidence and documents in one place. It will save you lots of time later as you prepare your immigration petition and supporting documentation.
Identify areas where you may need to have more evidence to obtain approval of your petition by USCIS.
H1B Visa Checklist
I-129 Petition for Nonimmigrant Worker.
The H Classification Supplement to Form I-129 and H-1B Data Collection and Filing Fee Exemption Supplement.
DS-160, Non-immigrant Visa Application.
Make sure the petition is properly signed and filed. USCIS will not accept a stamped or typewritten name in place of a signature.
American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee of $750/$1,500 (if/as applicable).
$500 for fraud prevention and detection fee, if applicable, to be paid by Employer.
Public Law 114-113 fee of $4,000, if applicable, to be paid by Employer.
Optional $2500 USCIS Premium Processing fee, if you want to expedite the processing. USCIS must reply or make a decision within 15 calendar days after receiving submission.
Make the check or money order for the USCIS filing fees payable to “U.S. Department of Homeland Security” Do not use the initials “USDHS” or “DHS.”
Note: You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document.
Copies of all passports and visas;
Social Security Cards, if applicable;
Marriage Certificate, if applicable;
Proof of legal name change, if you have changed your name; and
All identification documents of dependents if applicable.
EDUCATION and EXPERIENCE
Evidence the Beneficiary maintained status if seeking a change of status or extension of stay;
Evidence showing the proposed employment qualifies as a specialty occupation; and
If you are filing an H-1B cap petition for a fiscal year that H-1B registration is required, you must provide a valid Beneficiary Confirmation Number for the beneficiary included in this petition, along with a copy of the H-1B Registration Selection Notice.
PROOF OF EMPLOYMENT
Any required license or other official permission to practice the occupation in the state of intended employment, if applicable;
A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed;
An itinerary showing the date and places of assignment if the petition indicates that the beneficiary will be providing services at more than one location; and
A corresponding Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL) and signed by the petitioner and attorney/representative, if applicable.
Copies of any Employment Authorization Documents;
If on a F-1 visa, include I-20, Certificate of Eligibility for Nonimmigrant Student Status;
If on a J-1 visa, include DS-2019 and any waiver of the 2 Year at Home Residency Requirement; and
Any other immigration related documents showing a previous immigration visa or current valid immigration status.
All foreign documents should be translated into English by someone who is sufficient as required by USCIS.
Retaining an H1B Visa lawyer with experience and knowledge of the process is absolutely necessary when handling such important immigration visa matters.