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:
A. That you have a valid job offer from a bona fide U.S. employer
B. That you and your employer have a legitimate employer-employee relationship
C. 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. Check for H1B Visa Process in UT Evaluators
Because there are several different process stages for the H-1B, there are also different documents required for each stage.
01. H-1B Documents for Filing the Petition
A. I-129 petition
B. Approved Labor Condition Application
C. Supporting evidence, including
1. Copy of resume
2. Copy of job offer including job description
3. Proof of your degree
4. Other evidence that may be particular to your case
02. Required Supplementary Documentation for the H-1B Visa Process
A. Duplicate copy of the passport
B. Proof of prior employment
C. Proof of existing certifications or accomplishments
D. Letter from registrar to certify completion of educational credits
E. Copy of educational or technical degrees
F. Duplicate copy of transcripts G. Letter from present employer
03. To ensure a proper H-1B process
A. Sign all forms in black ink
B. Be sure all signed checks/money orders contain the correct amount
C. All documentation must be submitted with the petition in a timely manner.
D. 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. For H1B Visa Evaluation Visit here
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.
04. 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.
05. Order of Documentation for H-1B Process
A. Form I-907 ( if applicable)
B. Form G-28
C. Form I-129
D. Any mandatory attachments
E. H Classification Supplement. If the petition is for a Chile or Singapore applicant, petitioners must add a Free Trade Supplement.
F. H-1B Data Collection and Filing Fee Exemption Supplement
G. All supplementary documentation (including the Labor Certification Application and attorney representation letter).