This time of year, the most common question asked by those seeking to become H-1B visa holders is “What documents do I need to provide?” The answer will change depending on the applicant’s current immigration status. There are two parts to an H-1B petition: 1) the petition itself, which asks the immigration service to determine whether the position being sponsored qualifies for the visa and whether the applicant qualifies for the position; and 2) the status of the applicant, which asks the immigration service to either change the status of the applicant from some other visa type to an H-1B visa holder or approve the petition for consular processing. The documents needed for part 1 will be basically the same for all applicants, but the documents needed for part 2 will vary depending upon which visa type you currently hold or if you are outside the country. Below you will find a list of documents needed for each type of applicant. Note that all documents require copies only, originals are not necessary.
In addition to gathering the necessary documents, now is the time to plan the strategy of the petition carefully. Many people were taken by surprise last year when the “Computer Programmer memo” and “Level 1 Wage” issues came up. Please expect that some new issue will be raised in this year’s applications that was not raised in previous years! It happens every year. Expect continued scrutiny of whether a position is actually a specialty occupation and how you qualify for the position. Expect continued focus on wage levels. This means the SOC code and wage level should be selected carefully and a strong job description prepared to submit with the petition. Keep in mind what the Trump administration is focused on: ensuring that these visas go to the highest paid or highest skilled. Although this is not what the law requires, this is how it is being interpreted so plan accordingly to give yourself the best chance of success!
If you would like even more information about the H-1B visa, check out my free eBook: ImmigrationGirl’s Guide to the H-1B! Get it here: http://immigrationgirl.com/get-your-free-ebook-from-immigrationgirl/.
If you are outside the U.S. or filing for consular processing you will need:
- Degree certificates and transcripts
- Education Evaluation if your degree is not from a U.S. school
- Experience letters from previous employers, if available
- Resume
- Passport
If you are in F-1/OPT status you will need:
- Degree certificates and transcripts (Note: if U.S. degree certificate won’t be issued by April 1st but all degree requirements have been met, you can get a letter from the registrar instead)
- Experience letters from previous employers, if available
- Resume
- Passport
- Visa stamp
- I-94 card
- I-20s
- OPT card(s)
- Last three pay statements, if you are working in a paid position.
If you are in F-1 status you will need:
- Degree certificates and transcripts (Note: if U.S. degree certificate won’t be issued by April 1st but all degree requirements have been met, you can get a letter from the registrar instead)
- Education Evaluation in some situations (such as holding a degree from an unaccredited or private and for-profit school, or degree requirements are not yet complete)
- Experience letters from previous employers, if available
- Resume
- Passport
- Visa stamp
- I-94 card
- I-20s
If you are in L-1 status you will need:
- Degree certificates and transcripts
- Education Evaluation if your degree is not from a U.S. school
- Experience letters from previous employers, if available
- Resume
- Passport
- Visa stamp
- I-94 card
- Dates in and out of the country to determine amount of time available in H-1B status
- Last three pay statements
If you are in L-2 status you will need:
- Degree certificates and transcripts
- Education Evaluation if your degree is not from a U.S. school
- Experience letters from previous employers, if available
- Resume
- Passport
- Visa stamp
- I-94 card
- EAD card, if any
- Spouse’s last three pay statements
If you are in H-4 status you will need:
- Degree certificates and transcripts
- Education Evaluation if your degree is not from a U.S. school
- Experience letters from previous employers, if available
- Resume
- Passport
- Visa stamp
- I-94 card
- Spouse’s last three pay statements
If you are in TN status you will need:
- Degree certificates and transcripts
- Education Evaluation if your degree is not from a U.S. school
- Experience letters from previous employers, if available
- Resume
- Passport
- Visa stamp, if applicable
- I-94 card
- Last three pay statements
If you are in TD status you will need:
- Degree certificates and transcripts
- Education Evaluation if your degree is not from a U.S. school
- Experience letters from previous employers, if available
- Resume
- Passport
- Visa stamp, if applicable
- I-94 card
- Spouse’s last three pay statements
Note: If you are intending to work as a “consultant” at a client location other than the location of the employer sponsoring your H-1B visa, there are additional requirements that your employer should be aware of. These “third-party placement” situations require an employer to document that an employer-employee relationship will exist even though you will work offsite and that they have actual specialty occupation work for you at the end client. Please do not attempt to file an H-1B petition with an employer who will “find a project for you later.” That is speculative and is subject to denial.
Also note: Filing with more than one employer can create issues. See: http://immigrationgirl.com/filing-an-h-1b-in-the-lottery-with-more-than-one-employer-to-increase-your-chances-not-so-fast/
Best of luck in this year’s lottery!