Regardless of your visa, immigrating to the US is a delicate process. Since the H 1B is a very competitive visa, you must get it right with the first application.
If you’re wondering which H 1B visa documents are needed to file your H 1B petition, Requests for Evidence and visa interview, use this page as your reference point.
The H 1B Nonimmigrant Visa Overview
First, let’s start with the basis of the H 1B visa. The H 1B is a nonimmigrant visa for foreign nationals seeking to work in a specialty occupation in the US. To qualify for H 1B, you will need to prove the following:
- That you possess a valid job offer from a US employer
- That the employer and employee have a legitimate employer-employee relationship
- That the position for the job offer is a specialty occupation
If you’re planning to submit a cap-exempt position, you must suffice supplemental supporting documentation.
Cap-exempt H 1B positions are associated with institutes of higher education, governmental research organizations and non-profit organizations affiliated with institutes of higher education.
The required documents to certify cap-exempt status varies from person to person.ere Can You file Form I-907 for Premium Processing?
NOTE: You must sign all forms. Unsigned forms will be rejected!
How to Present Your Documents in Your Application for H 1B Visa Status?
- Submit a Request for Premium processing or Form 1-907 if applicable
- Notice for entry of appearance as an attorney or accredited representative or Form G 28
- Form I 129
- Any required documents
- H 1b Filing fee exemption supplement
- Additional documents, including labor condition application and letter of attorney representation
Steps to take to avoid cancellation of your H 1B petition
Employers in the United States are not permitted to submit duplicate H-1B petitions for the same prospective employee as March 19, 2008. USCIS implemented the adjustment to legally monitor the annual allocation of H-1B nonimmigrant status visas.
Multiple petitions filed during the H-1B process result in denial and rejection. The USCIS will deny the Petition and not reimburse the filing expenses paid.
Application Process for a H 1B visa
There are several steps when applying for H 1B visa status:
- During March, an employer in the United States must file registration on account of the immigrant worker.
- Employers submit an H-1B status petition to USCIS if their registration is selected in the lottery.
- Employers are responsible for all applicable fees.
- Upon USCIS approval, the employee may begin working as an H-1B employee on October 1
USCIS can take many weeks to several months to handle standard processing requests, but premium processing ensures a turnaround time of 15 business days.
Filings for an H-1B visa status will continue to the H-1B lottery, determining which registrations are picked based on the yearly H-1B visa cap.
The H 1B Visa Stamp Guideline
After obtaining an Approval Notice (Form I-797) from USCIS, you must schedule an appointment with your local consulate or U.S. embassy to get a visa stamp on your passport.
Documents needed to schedule a H 1 B Interview:
- Photograph – Take a photo that complies with USCIS’s requirements. This photo should be square, color, and in a JPEG file format with a file size of less than 240 kilobytes with a minimum size of 600 600 pixels and a maximum size of 1200 pixels.
- Complete Form DS-160 The United States Department of State (DOS) offers an online form called Form DS-160. You should have your passport number, travel plans, details of any recent journeys to the United States within the last five years, information on current and previous jobs, and education, as well as a copy of your USCIS approval, on hand when filling out the application.
- Pay the $190 DS-160 visa fee.
- Schedule a time to have your biometrics taken.
- Make an appointment for a visa interview.
Bring all of the necessary documents for the visa stamping interview and receive your H-1B visa stamp.
What Documents are Needed for the H 1B Visa Stamp Checklist?
In 2022, these are the minimum documents you will need to obtain your H 1B visa stamp:
- Form i-129
- H classification supplement to Form i-129 employment verification letter
- Monthly bank statements
- Request for working conditions for H 1b
- Letter for H 1b status petition supplied by the employer
- Appointment schedule letter
- Payment details for the past three months
The following are the supporting documents for H 1B visa:
- A description of the sponsoring employer
- If applicable, a notification of H 1B status grant from your previous employer
Additionally, you might be required to submit your US government documents and educational documents.
H 1B visa processing fee
The entire H 1B visa petition process requires a unique H 1B package. Along with all the required documents, it requires separate checks for form I 129.
Standard fees include:
- The premium processing fee, if applicable
- US employer sponsorship
- Fraud detection fee of $500 payable to the US Department of Homeland Security
- Public law of $ 4000. (It applies if the employer has more than 50 employees, with half of them on L or H 1B visas)
These checks must be attached at the bottom right corner of the first page.
How the Herman Legal Group Can Help
Are you looking to get the H 1B visa but can’t put a finger on the required documents and application process? You are not alone. A little professional guidance can help you save money and time.
Contact the Herman Legal Group, a U.S. immigration law firm with over 26 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around the world.
Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-800-808-4013 or 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.