An H-1B work visa petition requires several key documents, including a completed Form I-129, the employer's Labor Condition Application (LCA) certified by the Department of Labor, and the beneficiary's passport copy. Detailed evidence of the job offer, such as the employment contract and proof of the employer's business operations, must also be submitted. Supporting academic credentials like degrees, transcripts, and professional licenses are crucial to demonstrate the beneficiary's qualifications for the specialty occupation.
What Documents Are Necessary for an H-1B Work Visa Petition?
| Number | Name | Description |
|---|---|---|
| 1 | Pre-registration confirmation notice | The H-1B work visa petition requires submission of the pre-registration confirmation notice, which verifies that the applicant has successfully completed the initial electronic registration process with the U.S. Citizenship and Immigration Services (USCIS). This document is essential for proceeding with the full H-1B petition filing and demonstrates eligibility for the subsequent lottery selection phase. |
| 2 | LCA (Labor Condition Application) ETA-9035E | The Labor Condition Application (LCA) ETA-9035E is a mandatory document for an H-1B work visa petition, ensuring that employers attest to paying the prevailing wage and maintaining acceptable working conditions for H-1B employees. Accurate filing of the LCA with the Department of Labor is essential to demonstrate compliance with wage requirements and labor protections before submitting the visa petition to the U.S. Citizenship and Immigration Services. |
| 3 | Beneficiary’s STEM OPT EAD copy | The beneficiary's STEM OPT EAD copy is essential for an H-1B work visa petition, verifying the applicant's current authorized employment in a STEM field under Optional Practical Training. This document, alongside a completed Form I-765, serves as proof of eligibility and work authorization during the transition from OPT to H-1B status. |
| 4 | I-983 Training Plan (for STEM-related roles) | The I-983 Training Plan is essential for H-1B visa petitions involving STEM-related roles as it outlines the structured educational and practical training objectives agreed upon by the employer and employee, ensuring compliance with U.S. immigration policy for specialized occupations. This document must detail the goals, supervision, and evaluation methods to support the visa holder's development and eligibility under the H-1B STEM extension program. |
| 5 | Academic equivalency evaluation report | An Academic Equivalency Evaluation Report is essential for an H-1B work visa petition when the applicant's foreign degree does not align directly with U.S. educational standards, providing a detailed comparison by credential evaluation services to verify degree equivalency. This report substantiates the applicant's qualifications, ensuring compliance with USCIS requirements for specialty occupation verification. |
| 6 | H-1B Cap-exempt support letter | An H-1B Cap-exempt support letter is essential for petitioners applying under cap-exempt categories, as it validates the beneficiary's eligibility by confirming the petitioning employer's exemption status from the annual H-1B lottery. This document must clearly state the organizational affiliation, qualifying cap-exempt criteria, and the nature of the offered specialty occupation to ensure USCIS approval. |
| 7 | End-client letter (IT staffing model) | The end-client letter in an H-1B work visa petition under the IT staffing model must explicitly detail the nature of the job, the end-client's business operations, and the specific duties the H-1B worker will perform on-site. This document is crucial to establish the employer-employee relationship and demonstrate the specialty occupation requirements to U.S. Citizenship and Immigration Services (USCIS). |
| 8 | Maintenance of status documents (visa bridging context) | Maintenance of status documents for an H-1B visa petition include current I-94 arrival/departure records, valid passport pages, prior approval notices (Form I-797), and evidence of continuous lawful status such as pay stubs or enrollment verification. These documents ensure proper bridging of status during visa transitions, minimizing risks of unlawful presence or employment gaps. |
| 9 | Wage Level Attestation (DOL prevailing wage context) | The H-1B work visa petition requires a Wage Level Attestation, which mandates employers to submit a prevailing wage determination from the Department of Labor (DOL) to ensure the offered wage meets or exceeds the appropriate wage level for the job location and occupation. This attestation prevents wage undercutting and protects both U.S. workers and foreign employees by verifying compliance with the DOL's wage standards. |
| 10 | LCME or ECFMG certification (medical professionals) | For H-1B work visa petitions involving medical professionals, obtaining an Educational Commission for Foreign Medical Graduates (ECFMG) certification or a Liaison Committee on Medical Education (LCME) accreditation is essential to establish eligibility and validate medical education credentials. These documents serve as critical evidence that the petitioner meets the U.S. medical licensing standards required for specialty occupations under the H-1B visa category. |
Overview of H-1B Work Visa Documentation
The H-1B work visa petition requires specific documentation to establish the eligibility of both the employer and the foreign worker. Proper organization and submission of these documents are critical for a successful application process.
Key documents include a completed Form I-129, the H-1B petition itself, filed by the sponsoring employer. Detailed evidence of the worker's specialized skills and qualifications must accompany the petition, typically demonstrated through degrees, diplomas, and work experience letters. Additionally, the employer must provide a Labor Condition Application approved by the Department of Labor.
Essential Forms for H-1B Petition
The essential forms for an H-1B work visa petition include Form I-129, Petition for a Nonimmigrant Worker, which the employer must file with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the worker's eligibility and justifies the employment position.
Supporting documentation is critical to accompany Form I-129, including the Labor Condition Application (LCA) certified by the Department of Labor. The LCA confirms that the employer will pay the prevailing wage and that working conditions meet regulatory standards.
Proof of Employer-Employee Relationship
Proof of the employer-employee relationship is a critical requirement for an H-1B work visa petition. This evidence establishes that the employer has the right to control the work and employment conditions of the H-1B beneficiary.
- Detailed employment contract - A signed agreement outlining job duties, salary, and terms of employment
- Organizational charts - Documents showing the beneficiary's position within the company hierarchy
- Supervisory documentation - Records such as performance evaluations or timesheets demonstrating employer oversight
Your petition must clearly demonstrate this relationship to meet USCIS eligibility requirements.
Educational Credential Requirements
The H-1B work visa petition requires submission of educational credentials proving the beneficiary meets the specialty occupation criteria. Essential documents include a U.S. bachelor's degree or its foreign equivalent, along with official transcripts and diplomas. Credential evaluations from recognized agencies may be necessary to verify equivalency for degrees earned outside the United States.
H-1B Labor Condition Application (LCA)
The H-1B Labor Condition Application (LCA) is a critical document for an H-1B work visa petition. It is filed with the U.S. Department of Labor to ensure that the employer complies with wage and working condition requirements.
The LCA must be certified before submitting the H-1B petition to the United States Citizenship and Immigration Services (USCIS). This certification confirms that the employer will pay the prevailing wage and will not negatively affect the conditions of other workers.
Professional License and Certification Evidence
Professional licenses and certifications are essential components of an H-1B work visa petition. They provide proof of your qualifications and eligibility for specialized employment.
- Copy of Valid Professional License - Submit a clear photocopy of any current professional license required to practice your profession in the United States or your home country.
- Certification Credentials - Include certificates from recognized professional or industry organizations that validate your skills and expertise.
- Credential Equivalency Evaluation - Provide evaluations from credential verification services to demonstrate that foreign licenses or certifications meet U.S. standards.
Valid Passport and Identification Documents
A valid passport is a crucial document for an H-1B work visa petition, serving as primary identification and proof of citizenship. The passport must be current and remain valid throughout the duration of the H-1B stay in the United States. Alongside the passport, additional identification documents such as driver's licenses or national ID cards may be required for verification purposes during the visa application process.
Support Letters and Employment Offer
Support letters and an employment offer are crucial documents for an H-1B work visa petition. These documents validate the employer's intent and the beneficiary's qualifications for the specialized position.
- Employment Offer Letter - Confirms the job title, duties, salary, and employment terms between the petitioner and the beneficiary.
- Support Letters from Employers - Detail the necessity of the candidate's role and expertise to demonstrate eligibility for the specialty occupation.
- Role-Specific Justifications - Highlight how the offered position meets H-1B requirements to strengthen the petition's credibility.
Fees and Payment Receipts
What fees are required for an H-1B work visa petition? The main fees include the base filing fee, the American Competitiveness and Workforce Improvement Act (ACWIA) fee, the Fraud Prevention and Detection fee, and the Public Law 114-113 fee when applicable. Payment receipts for these fees must be included to confirm submission and processing by USCIS.
What Documents Are Necessary for an H-1B Work Visa Petition? Infographic
