Key Takeaways:
- H-1B petitions require documents from the employer (to prove business legitimacy) and the employee (to prove qualifications).
- The final application centers on two government forms: the labor condition application (LCA) and Form I-129.
- Missing or incorrect paperwork is among the primary causes for application delays or denials.
H-1B application requirements are extensive, and the process is complex. It’s common for inexperienced petitioners to overlook some of the finer details, unfortunately leading to application delays or denials.
This guide from the experienced attorneys at Luo & Associates is designed to help you (the beneficiary) understand some of the most common documents required for an H-1B application.
Required Employer (Petitioner) Documents
The sponsoring employer (petitioner) is responsible for filing the entire H-1B application, including the employee (beneficiary) portion. Still, each party must supply their specific portion of the documents or evidence eventually sent to the US Citizenship and Immigration Services (USCIS).
The petitioner must provide documentation proving the company’s legitimacy, financial stability, and the nature of the job offer. A crucial element of this evidence is to prove the business’s capability to provide a prevailing wage.
Proof of Operations
To prove legitimate operation in the US, the following documents are recommended for an H-1B application. Please note that while not all of these documents are required, they can be requested:
- Business registration documents and articles of incorporation
- Federal tax ID number (FEIN) confirmation letter from the IRS
- Company letterhead, brochures, and marketing materials
Beyond this, a company may be asked to provide recent business tax returns and annual reports or audited financial statements. These documents help prove the viability of a business operation.
Proof of Specialty Occupation and Employment
Finally, the employer must provide evidence that supports the H-1B position as a specialty occupation and proves employment. Specific job-related H-1B application requirements are:
- Detailed job description
- Formal employment letter signed by both parties (petitioner and beneficiary)
As a beneficiary, you don’t need to concern yourself with company details. While you should make sure any company is legitimate before applying, the proof of its legitimacy in the US for H-1B purposes is the burden of the petitioner.
Required Employee (Beneficiary) Documents
While the petitioner is responsible for submitting the documents required for the H-1B application, you are not without some responsibility. Beneficiaries must provide proof of identity and qualifications. This evidence is vital to the eventual acceptance or denial of the petition.
Personal Identification Requirements
A beneficiary must provide several standard documents, including a copy of their passport, relevant photos, and an I-94 record (an arrival/departure record). The copy of the passport must include copies of every relevant page, including the biographical page with the expiration date and any US visa stamps.
Professional and Educational Requirements
H-1B application requirements also stipulate that beneficiaries meet specific professional and educational criteria, such as holding a bachelor’s degree or its equivalent in a field related to the specialty occupation.
If you don’t have a degree, it’s still possible to demonstrate knowledge and capabilities with equivalent work experience (a typical equivalent is three years of work experience to one year in a qualified bachelor’s program). It should be stressed that this method is riskier and increases the odds of a Request for Evidence (RFE). However, with the help of skilled and experienced immigration attorneys, it’s possible.
With that said, you’ll want to compile all the following documents required for the H-1B application and send copies to your sponsor (the petitioner). Other items to include:
- Work experience letters verifying job titles, employment dates, and descriptions of duties
- Previous immigration documents
- Recent pay stubs (if currently in the US on H-1B status)
- Resume or curriculum vitae (CV)
Before moving on to the next and final section, take a breath. This process is complex and can feel overwhelming, but you’re not in it alone. Your employer should offer support, and its legal team is also there to answer potential questions. Remember that the brunt of this process isn’t on you, it’s on the petitioner.
USCIS Application Forms
In addition to all the documents discussed, there are three forms (one is optional) that the USCIS requires to assess a petition: Form ETA-9035, I-129, and I-907.
Form ETA-9035
The labor condition application (LCA), or Form ETA-9035, is essentially a testament from the petitioner about the beneficiary and their compensation. In it, the petitioner agrees to pay the actual or prevailing wage (whichever is higher). They also attest that the beneficiary’s employment will not adversely affect the working conditions of US workers.
Form I-129
Regarding documents required for the H-1B application, the petition for a non-immigrant worker (Form I-129) is at the core of H-1B application requirements. It is the official petition form, asking the USCIS to allow the beneficiary to work in the US.
Form I-907
The request for premium processing (Form I-907) is optional. It asks the USCIS to make a decision (approval, denial, or Request for Evidence) on the related application within a specific timeframe (15 business days).
Don’t Let Paperwork Derail Your Application
There are numerous documents required for an H-1B application (even more than those discussed above). More than the paperwork, however, is the often complex and ever-changing process, from fees to timelines.
The attorneys at Luo & Associates have a 99% success rate with H-1B applications. That success is built on a meticulous approach to meeting all H-1B application requirements. Contact the New York offices of Luo & Associates, and let a team of experienced immigration attorneys handle all the details.