H1B Visa Checklist

FORMS

• I-129 Petition for Nonimmigrant Worker.
• The H Classification Supplement to Form I-129 and H-1B Data Collection and Filing Fee Exemption Supplement.
• DS-160, Non-immigrant Visa Application.

SIGNATURE

• Make sure the petition is properly signed and filed. USCIS will not accept a stamped or typewritten name in place of a signature.

FEES 

Note: Check current fees as they may change: https://www.uscis.gov/forms/filing-fees

• $460 Filing Fee for I-129 Form. 
• American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee of $750/$1,500 (if/as applicable).
• $500 for fraud prevention and detection fee, if applicable, to be paid by Employer.
• Public Law 114-113 fee of $4,000, if applicable, to be paid by Employer.
• Optional $2500 USCIS Premium Processing fee, if you want to expedite the processing. USCIS must  reply or make a decision  within 15 calendar days after receiving submission.
• Make the check or money order for the USCIS filing fees payable to “U.S. Department of Homeland Security” Do not use the initials “USDHS” or “DHS.” 

DOCUMENTS 

Note: You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document.

IDENTIFICATION DOCUMENTS 

• Copies of all passports and visas;
• I-94;
• Birth Certificate;
• Social Security Cards, if applicable;
• Marriage Certificate, if applicable;
• State ID; 
• Proof of legal name change, if you have changed your name; and
• All identification documents of dependents if applicable.

EDUCATION and EXPERIENCE

ELIGIBILITY 

• Evidence the Beneficiary maintained status if seeking a change of status or extension of stay; 
• Evidence showing the proposed employment qualifies as a specialty occupation; and
• If you are filing an H-1B cap petition for a fiscal year that H-1B registration is required, you must provide a valid Beneficiary Confirmation Number for the beneficiary included in this petition, along with a copy of the H-1B Registration Selection Notice. 

PROOF OF EMPLOYMENT

• Any required license or other official permission to practice the occupation in the state of intended employment, if applicable; 
• A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed;
• An itinerary showing the date and places of assignment if the petition indicates that the beneficiary will be providing services at more than one location; and
• A corresponding Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL) and signed by the petitioner and attorney/representative, if applicable.

IMMIGRATION DOCUMENTS: 

• Copies of any Employment Authorization Documents;
• If on a F-1 visa, include I-20, Certificate of Eligibility for Nonimmigrant Student Status; 
• If on a J-1 visa, include DS-2019 and any waiver of the 2 Year at Home Residency Requirement; and
• Any other immigration related documents showing a previous immigration visa or current valid immigration status.

TRANSLATED DOCUMENTS

• All foreign documents should be translated into English by someone who is sufficient as required by USCIS.