With the Cap-subject H-1B’s filing window just around the corner (the first five business days of April), many prospective applicants are anxious to begin gathering the necessary documents for their petition but are unsure what to provide.[1]

There are two main aspects to the H-1B visa petition

1. The petition itself. This focuses on whether the position being sponsored qualifies for the H-1B visa and if the petitioner qualifies for the position. The types of documents required for this will be relatively the same for all applicants.
2. The applicant’s current immigrant status. Immigration will either require that the applicant change status (for example from OPT to H-1B) or to approve the petition for consular processing abroad. Depending on the status, the documents required will change.

It is important to gather all necessary documents as early as possible as well as carefully strategize the petition. Expect the United States Citizenship and Immigration Services (USCIS) to scrutinize the petition, especially when considering if the position qualifies as a specialty occupation. Carefully select the SOC code and wage levels and create a strong and detailed job description. Careful consideration should also be put into the employee-employer relationship and availability of work during the requested period of time.

Those on F-1 status changing to H-1B must demonstrate that they have maintained a lawful F-1 status. If your H-1B petition is in process and you filed while in the United States, make sure you are not abandoning the change of status on your petition before traveling abroad.

What you need if filing from abroad (consular processing)

1. Degree certificates and transcripts
2. Education evaluation if the degree is not from a U.S. school
3. Experience letters from previous employers stating details of prior positions (if available)
4. Resume/CV
5. Passport
6. Employment agreement or offer letter describing the terms and duration of the employment

What you need if filing while in the U.S. on an F-1 student visa with OPT status and requesting a change of status

1. Degree certificates and transcripts
2. Experience letters from previous employers stating details of prior positions (if available)
3. Resume/CV
4. Passport
5. Visa stamp
6. I-94 travel record[2]
7. I-20s (Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students)
8. OPT card(s)
9. Last three pay stubs (if you are working in a paid position)
10. Offer letter or employment agreement describing the terms and duration of the employment

What you need if you have F-1 status and are requesting a change of status

1. Degree transcripts and certificates (if your U.S. degree certificate is not issued to you by the filing deadline, you can get a letter from the registrar stating that all requirements have been met)
2. Education evaluation (for those with a degree from an unaccredited, private, or for-profit school, or where degree requirements are not yet complete)
3. Experience letters from previous employers stating details of prior positions (if available)
4. Resume/CV
5. Passport
6. F-1 visa stamp
7. I-94 travel record
8. I-20s (Certificate of Eligibility for Non-immigrant (F-1) Student Status-For Academic and Language Students)
9. Offer letter or employment agreement describing the terms and duration of the employment

What you Need if you have L-1 status and requesting a change of status

1. Degree certificates and transcripts
2. Education evaluation (if your degree is not from a U.S. school)
3. Experience letters from previous employers stating details of prior positions (if available)
4. Resume/CV
5. Passport
6. Visa stamp
7. I-94 travel records
8. Dates in and out of the country to determine amount of time available in H-1B status
9. Last three pay stubs
10. Offer letter or employment agreement describing the terms and duration of the employment

L-1 visa holders may consider consular processing for their H-1B filing so are able to manage the timing of their switch into H-1B status

If you are in L-2 status and requesting a change of status you will need

1. Degree certificates and transcripts
2. Education Evaluation if your degree is not from a U.S. school
3. Experience letters from previous employers stating details of prior positions (if available)
4. Resume
5. Passport
6. Visa stamp
7. I-94 travel records
8. EAD card (if applicable)
9. I-797 approval notice for spouse (if applicable)
10. Spouse’s last three pay statements
11. Offer letter or employment agreement describing the terms and duration of the employment

If you are in H-4 status and requesting a change of status you will need

1. Degree certificates and transcripts
2. Education Evaluation if your degree is not from a U.S. school
3. Experience letters from previous employers stating details of prior positions (if available)
4. Resume/CV
5. Passport
6. Visa stamp
7. I-94 travel records
8. EAD card, if any
9. I-797 approval notice for spouse
10. Last three pay stubs for spouse
11. Offer letter or employment agreement describing the terms and duration of the employment

If you are in TN status and requesting a change of status you will need

1. Degree certificates and transcripts
2. Education evaluation if your degree is not from a U.S. school
3. Experience letters from previous employers stating details of prior positions (if available)
4. Resume/CV
5. Passport
6. Visa stamp (if applicable)
7. I-797 approval notice (if applicable)
8. I-94 travel records
9. Last three pay stubs
10. Offer letter or employment agreement describing the terms and duration of the employment

If you are in TD status and requesting a change of status you will need

1. Degree certificates and transcripts
2. Education evaluation if your degree is not from a U.S. school
3. Experience letters from previous employers stating details of prior positions (if available)
4. Resume/CV
5. Passport
6. Visa stamp, if applicable
7. I-797 approval notice (if applicable)
8. I-94 travel records
9. I-94 or I-797 documenting TN status for spouse
10. last three pay stubs for spouse
11. Offer letter or employment agreement describing the terms and duration of the employment

Additional information

1. For those without the appropriate degree for H-1B, work experience equivalence[3] may be an option.
2. For any petition that requires a license (such as Physical Therapist, Professional Engineer, etc.), the license must also be submitted during filing.
3. If you are working as a consultant on an offsite location, additional information will be required. Third party placements will require careful documentation of the continuation of the employer-employee relationship even when offsite.
4. Filing with multiple employers can cause issues.

For more information about the H-1B filing and how employers can prepare, please visit our blog article, “What Employers Need to Know about the Proposed Changes to the H-1B Visa Lottery,” [4] or contact us to schedule a consultation.

[1] http://immigrationgirl.com/the-ultimate-checklist-for-filing-an-h-1b-petition-in-fy2020/

[2] https://i94.cbp.dhs.gov/I94/#/home

[3] http://syedfirm.com/how-to-qualify-for-an-h-1b-petition-based-on-the-beneficiarys-work-experience/

[4] http://syedfirm.com/what-employers-need-to-know-about-the-proposed-changes-to-the-h-1b-visa-lottery/