To submit an H-1B visa petition, essential documents include the Labor Condition Application (LCA) certified by the Department of Labor, a valid job offer letter from the U.S. employer, and the petitioner's completed Form I-129. Supporting evidence such as the beneficiary's educational credentials, proof of professional qualifications, and a detailed job description must also accompany the petition. Proper documentation ensures compliance with USCIS requirements and facilitates the smooth processing of the H-1B visa petition.
What Documents Are Necessary for H-1B Visa Petition Submission?
| Number | Name | Description |
|---|---|---|
| 1 | LCA (Labor Condition Application) ETA Form 9035 | The H-1B visa petition requires the submission of a certified Labor Condition Application (LCA) ETA Form 9035, which must be obtained from the Department of Labor to confirm the employer's compliance with wage and working condition standards. This document is essential to demonstrate that the employment of the H-1B beneficiary will not adversely affect the wages or working conditions of U.S. workers in similar positions. |
| 2 | Beneficiary Passport Biometric Page | The beneficiary passport biometric page is a critical document for H-1B visa petition submission, providing essential identification details including the holder's name, date of birth, nationality, and passport number. Accurate and clear copies of this page must be included to verify identity and support the petition's authenticity when submitted to U.S. Citizenship and Immigration Services (USCIS). |
| 3 | Specialty Occupation Support Letters | Specialty occupation support letters are critical for H-1B visa petition submission, as they validate the beneficiary's specialized knowledge and confirm the job's alignment with a specialty occupation definition under USCIS guidelines. These letters must clearly detail the applicant's qualifications, job duties, and how the position requires a minimum of a bachelor's degree or equivalent in a specific field to meet the H-1B visa eligibility criteria. |
| 4 | Employer-Employee Relationship Evidence | Proof of a valid employer-employee relationship for H-1B visa petition submission includes detailed employment contracts, organizational charts, and payroll records demonstrating supervisory control and payment of wages. Supportive documentation such as performance evaluations, work schedules, and written job assignments further establishes the petitioner's ability to hire, pay, fire, and supervise the beneficiary. |
| 5 | Worksite Location Itinerary Documentation | The H-1B visa petition requires a detailed worksite location itinerary that outlines all intended employment sites, including secondary or remote locations, to ensure compliance with Department of Labor regulations. Accurate documentation must specify exact addresses, dates of work, and any client information, crucial for validating the petitioner's adherence to wage and labor conditions at each site. |
| 6 | Prevailing Wage Determination Reports | Prevailing Wage Determination Reports are essential documents for an H-1B visa petition, as they verify that the offered wage meets or exceeds the Department of Labor's established wage level for the specific job and location. These reports ensure compliance with labor standards, preventing underpayment and protecting U.S. workers while supporting the petitioner's wage obligations. |
| 7 | Third-Party Client Contracts & Letters | Third-party client contracts and letters are essential to demonstrate the bona fide nature of the H-1B job offer and to establish the employer-employee relationship in cases involving third-party placements. These documents must detail the scope of work, duration of the assignment, physical work locations, and the terms of the arrangement to ensure compliance with USCIS requirements for H-1B visa petition approval. |
| 8 | STEM OPT Cap-Gap Extension Proof | Proof of STEM OPT cap-gap extension requires submitting the I-20 form endorsed by the DSO, along with the EAD card reflecting the extension period. Supporting documents must demonstrate continuous employment authorization during the cap-gap interval for the H-1B visa petition. |
| 9 | Degrees Credential Evaluation (if foreign) | Degrees credential evaluation for H-1B visa petition submission requires an educational equivalency report from a recognized credential evaluation service to verify that foreign degrees meet U.S. standards. This evaluation is essential to demonstrate that the applicant's foreign education corresponds to at least a U.S. bachelor's degree or higher in the relevant specialty occupation. |
| 10 | H-1B Registrant Online Confirmation Pages | H-1B registrant online confirmation pages are critical documents required for submitting an H-1B visa petition as they validate the employer's electronic entry into the H-1B lottery system. These confirmation pages must be included to demonstrate compliance with USCIS registration requirements and to ensure the petition's acceptance and processing. |
Overview of H-1B Visa Petition Documentation
The H-1B visa petition requires a comprehensive set of documents to prove eligibility and support the application. Understanding the necessary paperwork ensures a smooth submission process.
- Form I-129, Petition for a Nonimmigrant Worker - This is the primary form employers use to petition for an H-1B visa on behalf of the employee.
- Labor Condition Application (LCA) - Certified by the Department of Labor, this form attests that the employer will pay the prevailing wage and maintain work conditions.
- Supporting Evidence of Qualifications - Includes educational degrees, transcripts, and professional licenses demonstrating the beneficiary's eligibility for the specialty occupation.
Mandatory Forms for H-1B Visa Submission
Submitting an H-1B visa petition requires specific mandatory forms that are essential for processing. These forms ensure compliance with U.S. Citizenship and Immigration Services (USCIS) regulations and validate the petitioner's eligibility.
The primary form is the Form I-129, Petition for a Nonimmigrant Worker, which must be accurately completed and signed. The Labor Condition Application (LCA) certified by the Department of Labor is necessary to confirm wage and working conditions. Supporting documents such as the H Classification Supplement and the Data Collection and Filing Fee Exemption Supplement must be included to satisfy USCIS requirements.
Employer Evidence and Supporting Documentation
What documents are necessary for the employer to submit an H-1B visa petition? The employer must provide a detailed Labor Condition Application certified by the Department of Labor and proof of the employer-employee relationship. Supporting documentation includes the company's financial statements, business registration, and evidence of the employer's ability to pay the offered wage.
Employee Qualification and Credential Verification
Submitting an H-1B visa petition requires precise documentation to prove the employee's qualifications and credentials. These documents ensure that the candidate meets the specialty occupation criteria set by USCIS.
- Educational Degrees and Transcripts - Provide official diplomas and transcripts that verify completion of relevant higher education degrees.
- Professional Licenses and Certifications - Submit copies of any required licenses or certifications that validate specialized skills or expertise.
- Employment Verification Letters - Include detailed letters from previous employers confirming job titles, duties, and work experience supporting the petition.
Labor Condition Application (LCA) Requirements
The Labor Condition Application (LCA) is a critical document for the H-1B visa petition submission. It ensures that the employment of H-1B workers will not negatively impact the wages and working conditions of U.S. workers.
- Certified LCA from the Department of Labor - The employer must obtain a certified LCA from the U.S. Department of Labor before filing the H-1B petition.
- Wage and Work Conditions Compliance - The LCA affirms that the employer will pay the prevailing wage and provide working conditions comparable to those offered to U.S. employees.
- LCA Posting Requirement - The employer must post notices of the LCA filing at the worksite to notify employees and allow for public comment.
The certified LCA must be included in the H-1B petition package to demonstrate compliance with Department of Labor regulations.
Proof of Employer-Employee Relationship
Submitting an H-1B visa petition requires thorough documentation to establish eligibility. One crucial element is proof of the employer-employee relationship.
Documents such as detailed job offer letters, organizational charts, and pay stubs help demonstrate this relationship. Your petition must clearly show the employer's control over the work and authority to hire, supervise, and terminate the employee.
Specialty Occupation Evidence for H-1B Petition
Specialty occupation evidence is a critical component of the H-1B visa petition submission. It demonstrates that the job requires specialized knowledge and a minimum of a bachelor's degree or equivalent.
Key documents include a detailed job description outlining specialized duties and education requirements. Employer support letters and evidence of the petitioner's business operations reinforce the occupation's specialty nature.
Additional Documents for Third-Party Worksites
For H-1B visa petition submissions involving third-party worksites, additional documents are required to establish the work location and the nature of the employment. Employers must provide a client letter detailing the worksite address, job duties, and project duration. A valid itinerary outlining the employee's work schedule at multiple locations and a copy of the contract between the employer and the third-party client are essential for approval.
Filing Fees and Payment Confirmation Documentation
| Document Type | Description | Purpose |
|---|---|---|
| Form I-129 | Petition for a Nonimmigrant Worker completed and signed | Main application form for H-1B visa petition submission |
| Filing Fee Payment Receipt | Proof of payment for the USCIS filing fees including base filing fee, ACWIA fee, Fraud Prevention and Detection fee, and Public Law 114-113 fee if applicable | Verifies that all required H-1B visa petition fees have been paid |
| Fee Waiver (if applicable) | Official USCIS documentation approving fee waiver request | Certifies exemption from certain filing fees when eligible |
| Employer Support Letter | Letter specifying job offer, terms of employment, and compliance with H-1B regulations | Supports the fee confirmation and petition validity |
| Payment Method Documentation | Bank statements, credit card transaction receipts, or online payment confirmation screens | Provides secondary evidence of fee payments made to USCIS |
What Documents Are Necessary for H-1B Visa Petition Submission? Infographic
