Required Documentation for H-1B Visa Sponsorship in Employment

Last Updated May 14, 2025

An H-1B visa sponsorship requires several key documents, including a valid job offer letter from a U.S. employer, the employer's Labor Condition Application (LCA) certified by the Department of Labor, and the employee's educational qualifications such as degrees and transcripts. Proof of professional experience, resume, passport copies, and previous visa records are essential to establish eligibility. Employers must also provide detailed role descriptions and evidence of the employer-employee relationship to ensure compliance with H-1B regulations.

What Documents are Required for an H-1B Visa Sponsorship?

Number Name Description
1 Passport Copy A valid passport copy is essential for H-1B visa sponsorship, serving as proof of identity and nationality throughout the application process. Employers and USCIS require a clear, unexpired passport scan to verify the applicant's eligibility and facilitate consular processing.
2 Current US Visa (if applicable) Applicants for H-1B visa sponsorship must provide their current US visa documents, such as the valid visa stamp and I-94 arrival/departure record, to demonstrate legal status and eligibility for transfer or extension. These documents are essential for verifying the applicant's current immigration status and ensuring compliance with USCIS requirements during the H-1B petition process.
3 Resume/CV A detailed resume or CV highlighting relevant education, work experience, and specialized skills is essential for H-1B visa sponsorship, as it demonstrates the applicant's qualifications for the specialty occupation. Employers typically require a comprehensive document that includes degrees earned, job titles, project descriptions, and any certifications related to the field.
4 Degree Certificates Degree certificates such as a bachelor's or higher degree in a relevant field are essential documents required for H-1B visa sponsorship to demonstrate the applicant's specialized knowledge and qualifications. These certificates must be accompanied by official transcripts and, if applicable, educational equivalency evaluations to validate foreign degrees in compliance with USCIS standards.
5 Academic Transcripts Academic transcripts are essential documents required for H-1B visa sponsorship to verify the applicant's educational qualifications and ensure they meet the specialty occupation criteria. These transcripts must be official, detailed, and translated into English if originally in a foreign language, demonstrating relevant coursework and degrees obtained.
6 Educational Evaluation (if applicable) Educational evaluation is required for H-1B visa sponsorship when the applicant's foreign degree needs to be compared to U.S. educational standards; this credential evaluation ensures the degree's equivalency, confirming eligibility for specialty occupation employment. Certified evaluation reports from recognized agencies must detail the authenticity, level, and field of study, forming a critical part of the visa petition documentation submitted by the employer.
7 Professional License/Certification (if applicable) For H-1B visa sponsorship, applicants must provide professional licenses or certifications relevant to their specialized occupation to demonstrate qualifications and compliance with state or industry standards. These documents verify eligibility to practice in regulated fields such as healthcare, engineering, or accounting, ensuring the petitioner meets U.S. visa requirements.
8 Detailed Job Offer Letter A detailed job offer letter for H-1B visa sponsorship must include the job title, duties, salary, employer information, work location, and terms of employment to demonstrate the specialty occupation and employer-employee relationship. This letter serves as critical evidence for USCIS to validate the legitimacy and specifics of the employment offer under the H-1B visa requirements.
9 H-1B Support Letter from Employer The H-1B support letter from the employer must clearly outline the job title, detailed job description, required qualifications, and how the candidate's skills meet these requirements to establish specialty occupation criteria. This letter serves as critical evidence for USCIS to verify the employer's sponsorship commitment and the candidate's eligibility for the H-1B visa.
10 Labor Condition Application (LCA) The Labor Condition Application (LCA) is a critical document in the H-1B visa sponsorship process, ensuring employers attest to paying the prevailing wage and maintaining proper working conditions for foreign workers. Filed electronically with the Department of Labor, the LCA must be certified before submitting the H-1B petition to demonstrate compliance with labor laws and protect U.S. workforce standards.
11 H-1B Petition Form (Form I-129) The H-1B Petition Form (Form I-129) is a crucial document required for H-1B visa sponsorship, submitted by the employer to U.S. Citizenship and Immigration Services (USCIS) to request approval for hiring a foreign worker in a specialty occupation. This form must be accurately completed with detailed information about the employer, the prospective employee, job description, and evidence of the employee's qualifications to meet USCIS requirements for H-1B eligibility.
12 Employer Support Documents (company tax returns, brochures, annual report) Employer support documents for H-1B visa sponsorship typically include company tax returns to demonstrate financial stability, corporate brochures that outline the nature of the business, and the annual report showcasing the company's operations and growth. These documents are essential to validate the employer's ability to pay the offered wage and establish the legitimacy of the job offer within the H-1B petition.
13 Pay Stubs (if already in US employment) Pay stubs serve as crucial proof of current employment and income consistency for H-1B visa sponsorship, demonstrating the candidate's legal work status and salary compliance with Department of Labor standards. Employers require recent pay stubs, typically from the last three months, to validate continuous employment and ensure adherence to prevailing wage requirements.
14 Previous Employment Experience Letters Previous employment experience letters serve as critical documentation in the H-1B visa sponsorship process, verifying an applicant's specialized work history and skills relevant to the specialty occupation. These letters must clearly state job titles, duties, dates of employment, and the employer's contact information to establish professional credentials and support the petition's credibility.
15 Prior H-1B Approval Notices (Form I-797, if applicable) Prior H-1B Approval Notices (Form I-797) must be submitted to demonstrate previous H-1B visa approvals, which validate the applicant's immigration history and eligibility for continued employment authorization. Providing accurate copies of Form I-797 allows employers and USCIS to verify prior H-1B validity periods and ensure compliance with visa transfer or extension requirements.
16 Current and Previous Visa Stamps Current and previous visa stamps, including valid H-1B approvals and any prior U.S. visa entries, are essential documents for H-1B visa sponsorship to verify lawful status and continuous employment eligibility. Consular officers and employers require these stamps to confirm an applicant's travel history and prior compliance with U.S. immigration regulations.
17 Recent Passport-sized Photographs Recent passport-sized photographs are essential for an H-1B visa sponsorship application, typically requiring two identical color photos with a white background taken within the last six months. These photos must meet the U.S. Department of State specifications, including a 2 x 2 inch size and a clear image of the full face, with no shadows or glare.
18 Form G-28 (Notice of Entry of Appearance of Attorney, if applicable) Form G-28, Notice of Entry of Appearance of Attorney, is required for H-1B visa sponsorship when legal representation is involved, officially authorizing an attorney or accredited representative to act on behalf of the petitioner or beneficiary in immigration matters. Submission of Form G-28 ensures proper communication with the United States Citizenship and Immigration Services (USCIS) and facilitates the smooth processing of the H-1B visa petition.
19 Client Letter (for third-party worksite) A Client Letter for H-1B visa sponsorship must detail the nature of the work, duration of the assignment, and the employer-client relationship at the third-party worksite, serving as critical evidence for USCIS to establish the specialized job role. This document should explicitly confirm the necessity of the H-1B worker's skills and include contact information, project description, and work location to validate the petition.
20 Education Evaluation (for foreign degrees) Foreign educational credentials must undergo a thorough evaluation by a certified credential evaluation service to align with U.S. educational standards for H-1B visa eligibility. This evaluation verifies the equivalency of degrees and transcripts, ensuring applicants meet the specialized knowledge requirements mandated by U.S. Citizenship and Immigration Services (USCIS).

Introduction to H-1B Visa Sponsorship

The H-1B visa sponsorship is essential for foreign professionals seeking employment in the United States. It allows skilled workers to legally work in specialty occupations that require theoretical or technical expertise. Your employer must submit specific documents to initiate the visa application process and ensure compliance with immigration regulations.

Overview of Required Documentation

Obtaining an H-1B visa sponsorship requires submitting several key documents to prove eligibility and job qualifications. Employers must provide evidence supporting the specialty occupation and the foreign worker's credentials.

You need to prepare essential documents, including a valid passport, educational certificates, and employment records. The employer must submit the Labor Condition Application (LCA) and a detailed job offer letter outlining the position and salary. Additional documents may include proof of prior work experience and any required licenses or professional memberships.

Employer Eligibility Documentation

H-1B visa sponsorship requires the employer to prove eligibility through specific documentation. Your employer must demonstrate the ability to hire a foreign worker under the H-1B program.

  1. Valid Business License - Proof of the employer's legal operation in the United States is essential.
  2. Employer Identification Number (EIN) - Documentation of the company's tax identification number issued by the IRS.
  3. Labor Condition Application (LCA) Certification - Certified by the Department of Labor to show compliance with wage and working condition requirements.

Labor Condition Application (LCA) Requirements

The Labor Condition Application (LCA) is a crucial document in the H-1B visa sponsorship process, ensuring compliance with Department of Labor regulations. Your employer must submit an approved LCA before filing the H-1B petition.

  • Wage Requirements - The LCA requires the employer to attest that the wage offered meets or exceeds the prevailing wage for the occupation.
  • Working Conditions - The employer must certify that hiring will not adversely affect the working conditions of similarly employed U.S. workers.
  • Notice to Employees - The employer is required to provide notice of the LCA filing to employees at the place of employment.

Employee’s Educational Credentials

Applicants must provide authentic educational credentials to qualify for an H-1B visa sponsorship. The primary documents include degrees, transcripts, and evaluation reports that verify the employee's qualifications.

Official transcripts from accredited institutions demonstrate the completion of relevant coursework. Credential evaluation reports translate foreign degrees into U.S. equivalents, ensuring compliance with visa requirements.

Evidence of Specialty Occupation

Evidence of a specialty occupation is crucial for H-1B visa sponsorship. This includes detailed job descriptions proving the role requires a specialized knowledge base and at least a bachelor's degree or higher in a related field.

You must provide educational credentials such as transcripts and diplomas, along with professional licenses or certifications when applicable. Employer support letters that outline the necessity of the specialty occupation strengthen the application significantly.

Proof of Employer-Employee Relationship

Document Type Description Purpose
Employment Contract Formal agreement between the employer and employee detailing job role, salary, and terms. Establishes the contractual employer-employee relationship essential for H-1B visa approval.
Offer Letter Official letter offering the job position, specifying position, duties, and compensation. Demonstrates the employer's intent to hire and maintain a valid employer-employee relationship.
Organizational Chart Chart illustrating the company's hierarchy showing your position relative to supervisors or managers. Validates supervision and control, affirming the existence of a direct employer-employee relationship.
Pay Stubs or Wage Statements Proof of payment from employer to employee, including salary details and dates. Confirms ongoing employment and financial relationship between employer and employee.
Work Schedule or Timesheets Documentation of hours worked under employer's direction and control. Supports evidence of active employment and employer oversight.
Internal Company Correspondence Emails or memos confirming work assignments, performance reviews, or supervisory communication. Reinforces supervisory relationship and employer control over job functions.

Supporting Letters and Future Work Itineraries

What documents are required for an H-1B visa sponsorship related to supporting letters and future work itineraries? Supporting letters from employers and relevant third parties demonstrate the necessity of the applicant's specialized skills and role. Detailed future work itineraries outline the applicant's job responsibilities and locations, strengthening the case for visa approval.

Filing Fees and Associated Forms

To apply for H-1B visa sponsorship, employers must submit several key documents, including the Form I-129, Petition for a Nonimmigrant Worker. The filing fees include a base filing fee of $460, an American Competitiveness and Workforce Improvement Act (ACWIA) fee ranging from $750 to $1,500 depending on company size, and an additional fraud prevention fee of $500. Certain employers may also be required to pay a Public Law 114-113 fee of $4,000, especially those with a high number of H-1B employees.

What Documents are Required for an H-1B Visa Sponsorship? Infographic

Required Documentation for H-1B Visa Sponsorship in Employment


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The information provided in this document is for general informational purposes only and is not guaranteed to be complete. While we strive to ensure the accuracy of the content, we cannot guarantee that the details mentioned are up-to-date or applicable to all scenarios. Topics about What Documents are Required for an H-1B Visa Sponsorship? are subject to change from time to time.

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