Now that we know that the cap-subject H-1B filing window will again be the first five business days of April and requires full petition filing, 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, whether you are requesting a change of status while you remain in the U.S. 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. 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. Also expect continued focus on the Employer-Employee relationship and availability of work for the period of time being requested. And, for those in F-1 status requesting a change of status, expect more scrutiny on whether you have properly maintained your F-1 status. If there are possible issues with your F-1 status, talk to your attorney regarding the option of requesting consular processing instead of a change of status. Also, if you are currently in the U.S. in another status and intend to travel while your H-1B petition is in progress, talk to your attorney regarding requesting consular processing instead of a change of status to avoid abandoning the change of status portion of your petition.
Want a more in depth look at what it takes to be successful in the H-1B lottery? You can download my free eBook, 7 Things to Know For Your First H-1B, 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
- Offer letter or employment agreement
If you are in F-1 status with OPT and requesting a change of status you will need:
- Degree certificates and transcripts
- 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
- Offer letter or employment agreement
If you are in F-1 status and requesting a change of 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
- Offer letter or employment agreement
If you are in L-1 status and requesting a change of 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
- Offer letter or employment agreement
- (L-1 holders may want to consider consular processing the H-1B so that you have more control over the timing of the switch to H-1B status)
If you are in L-2 status and requesting a change of 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 I-797 approval notice, if any
- Spouse’s last three pay statements
- Offer letter or employment agreement
If you are in H-4 status and requesting a change of 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 I-797 approval notice
- Spouse’s last three pay statements
- Offer letter or employment agreement
If you are in TN status and requesting a change of 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-797 approval notice, if applicable
- I-94 card
- Last three pay statements
- Offer letter or employment agreement
If you are in TD status and requesting a change of 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-797 approval notice, if applicable
- I-94 card
- Spouse’s I-94 or I-797 documenting TN status
- Spouse’s last three pay statements
- Offer letter or employment agreement
If your U.S. position requires a license (such as a Veterinarian, Physical Therapist, Professional Engineer, etc.) a copy of your license for the state where you intend to work must also be included.
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 or later revocation.
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!