To file for an H1B visa extension, applicants must submit a valid passport, the current H1B approval notice (Form I-797), and a recent pay stub as proof of ongoing employment. Employers need to provide a new Labor Condition Application (LCA) certified by the Department of Labor and an updated Form I-129 petition. Supporting documents such as educational credentials, employment verification letters, and copies of previous H1B approvals are also required to demonstrate continued eligibility.
What Documents are Required for an H1B Visa Extension?
| Number | Name | Description |
|---|---|---|
| 1 | Form I-129 (Petition for a Nonimmigrant Worker) | Form I-129 (Petition for a Nonimmigrant Worker) is a critical document required for an H1B visa extension, serving as the formal application filed by the employer to the U.S. Citizenship and Immigration Services (USCIS). Supporting documents such as the original H1B approval notice, a valid job offer, proof of ongoing employment, and updated labor condition application (LCA) certified by the Department of Labor must accompany Form I-129 to ensure proper processing and approval of the visa extension. |
| 2 | H1B Visa Extension Cover Letter | An H1B visa extension cover letter must include the beneficiary's current H1B status, detailed job description, employer's support statement, and confirmation of maintaining valid status throughout the initial visa period. This cover letter should reference the submitted Form I-129, copies of the original H1B approval, recent pay stubs, and an updated Labor Condition Application (LCA) certified by the Department of Labor. |
| 3 | Copy of Current H1B Approval Notice (Form I-797) | A copy of the current H1B approval notice (Form I-797) is a critical document for an H1B visa extension, as it serves as official evidence of the applicant's existing valid status with the U.S. Citizenship and Immigration Services (USCIS). This form must be submitted alongside other required documents to confirm the continuity of lawful employment and ensure the extension petition is processed without delay. |
| 4 | Copy of Previous H1B Approval Notices (if applicable) | Submit copies of all previous H1B approval notices (Form I-797) to demonstrate valid prior H1B status and maintain continuity for the extension application. These documents provide essential evidence of authorized employment periods and support USCIS verification of eligibility. |
| 5 | Copy of Valid Passport (biographical and all used pages) | A copy of a valid passport, including biographical pages and all used pages with visas and stamps, is essential for an H1B visa extension application to verify identity and travel history. Immigration authorities require these documents to confirm continuous legal status and validate the applicant's eligibility for extension under U.S. Citizenship and Immigration Services (USCIS) regulations. |
| 6 | Copy of Current H1B Visa Stamp (if any) | A copy of the current H1B visa stamp is essential for an H1B visa extension application as it verifies the applicant's valid status and previous approval in the United States. This document helps USCIS assess eligibility by confirming existing visa details and duration before processing the extension. |
| 7 | Copy of I-94 Arrival/Departure Record | A copy of the I-94 Arrival/Departure Record is essential for an H1B visa extension as it verifies the applicant's lawful entry and current status in the United States. This document must show the most recent admission date and expiration to ensure the extension request aligns with the authorized period of stay. |
| 8 | Recent Pay Stubs (usually last 3–6 months) | Recent pay stubs for the last 3-6 months are essential for an H1B visa extension as they demonstrate continued employment and compliance with wage requirements specified in the H1B petition. These pay stubs must reflect consistent, legally compliant compensation matching the Department of Labor standards to support the extension application. |
| 9 | Recent Bank Statements | Recent bank statements provide critical proof of financial stability for an H1B visa extension, demonstrating the applicant's ability to support themselves during their stay in the United States. Submitting updated bank statements alongside employment verification and Form I-797 strengthens the extension application by confirming ongoing economic viability. |
| 10 | Income Tax Returns (W-2/1040, most recent years) | For an H1B visa extension, submitting recent income tax returns, including W-2 forms and the most recent Form 1040, is essential to demonstrate consistent employment and lawful income. These documents provide USCIS with verifiable proof of the applicant's financial compliance and support the continuity of H1B status. |
| 11 | Employer Support/Employment Verification Letter | An Employment Verification Letter from the employer is a crucial document for an H1B visa extension, confirming continued employment, job title, salary, and terms of work. This letter must be printed on company letterhead, signed by an authorized representative, and include details such as the employee's start date and scope of duties to satisfy USCIS requirements. |
| 12 | Copy of Employment Offer Letter | A copy of the employment offer letter is essential for an H1B visa extension as it verifies continued employment under the sponsoring employer, detailing job title, salary, and work conditions. This document substantiates the applicant's ongoing role and supports the Department of Labor's compliance review for the visa extension process. |
| 13 | Copy of Labor Condition Application (LCA) | A copy of the Labor Condition Application (LCA) certified by the Department of Labor is required for an H1B visa extension to demonstrate compliance with wage and working condition standards. This document verifies that the employer has attested to paying the prevailing wage and maintaining proper labor conditions during the extension period. |
| 14 | Copy of Degrees and Educational Certificates | Copies of degrees and educational certificates are essential documents for an H1B visa extension, as they verify the beneficiary's qualifications and eligibility to continue working in the specialty occupation. USCIS requires these certified or attested academic credentials to assess the applicant's educational background and ensure compliance with visa regulations. |
| 15 | Resume or Curriculum Vitae (CV) | A detailed and updated Resume or Curriculum Vitae (CV) must highlight the H1B beneficiary's job experience, educational qualifications, and professional skills relevant to the visa extension. This document supports the employer's petition by demonstrating the worker's continued eligibility and specialized expertise for the position. |
| 16 | Company Financial Documents (tax returns, annual reports) | Company financial documents required for an H1B visa extension include recent tax returns, annual reports, and financial statements that demonstrate the employer's ability to pay the employee's salary. These documents provide evidence of the company's fiscal stability and compliance with U.S. Department of Labor and USCIS requirements. |
| 17 | Company Brochures and Business License (if available) | For an H1B visa extension, submitting current company brochures is essential to demonstrate the employer's ongoing operations and business scope. Providing a valid business license, if available, further substantiates the company's legal authorization to operate, supporting the visa petition's credibility. |
| 18 | Organizational Chart Showing Employee’s Position | An organizational chart illustrating the employee's position within the company is essential for an H1B visa extension to demonstrate the beneficiary's role and reporting structure. Including this document provides USCIS with a clear representation of the job hierarchy and supports the justification for continuation of specialized employment. |
| 19 | Detailed Job Description | A detailed job description for an H1B visa extension must include the specific duties, skills, and responsibilities related to the specialty occupation, clearly outlining the position's role within the company. It should also specify the employment terms, such as work location, hours, and salary, demonstrating continuity and compliance with the Department of Labor requirements. |
| 20 | Evidence of Previous Legal Status (if applicable) | Required documents for an H1B visa extension include evidence of previous legal status such as copies of prior I-797 approval notices, I-94 arrival/departure records, and valid passport pages showing previous H1B visa stamps. Providing these documents ensures USCIS can verify continuous lawful presence and prior compliance with visa terms. |
| 21 | Proof of Ongoing Work (client letters, contracts, work order, project documentation) | Proof of ongoing work for an H1B visa extension includes client letters confirming continued employment, signed contracts or work orders outlining current job responsibilities, and detailed project documentation demonstrating active participation in assigned tasks. These documents collectively verify the applicant's sustained professional engagement and eligibility for visa renewal under U.S. immigration regulations. |
| 22 | Dependent Documents (if filing for H4 extension: marriage certificate, birth certificate, etc.) | For an H1B visa extension involving dependents, essential documents include the marriage certificate for a spouse and birth certificates for children applying for H4 extension, along with valid passports and prior immigration records. These dependent documents must be submitted to establish eligibility and maintain lawful status during the extension process. |
Overview of H1B Visa Extension Process
The H1B visa extension process involves submitting specific documents to prove eligibility and maintain status. Timely filing of these documents ensures continuous employment authorization during the extension period.
- Form I-129 Petition - Your employer must file this form with the United States Citizenship and Immigration Services (USCIS) to request the extension of your H1B status.
- Current H1B Approval Notice - A copy of your previously approved Form I-797 is required to demonstrate your valid H1B status.
- Supporting Employment Documents - Evidence such as the job offer letter, pay stubs, and the Labor Condition Application (LCA) must be included to verify ongoing employment conditions and qualifications.
Key Eligibility Criteria for H1B Extension
To apply for an H1B visa extension, you must submit key documents demonstrating ongoing employment and compliance with visa conditions. These include your current H1B approval notice (Form I-797), a valid passport, and a recent pay stub.
Your employer must provide a Labor Condition Application (LCA) certified by the Department of Labor and an updated employment verification letter. Evidence of maintaining lawful status and proof of continuing job duties aligned with the original petition are also required.
Required Forms for H1B Extension Petition
The primary documents required for an H1B visa extension include Form I-129, Petition for a Nonimmigrant Worker, and the H Classification Supplement. Supporting evidence such as the current H1B approval notice, employment verification letter, and pay stubs is also essential to demonstrate continuous employment and maintain visa status.
Your employer must also provide the Labor Condition Application (LCA) certified by the Department of Labor. Proof of educational qualifications and professional licenses relevant to the specialty occupation may be needed to support the H1B extension petition.
Employment Verification Letters
| Document | Description | Key Details |
|---|---|---|
| Employment Verification Letter | A formal letter from the employer confirming the employee's current job status and role. | Must include the employee's job title, duties, salary, work location, and dates of employment. |
| Purpose of Employment Verification Letter | To prove ongoing employment and compliance with H1B visa requirements during the extension process. | Supports USCIS validation of the visa holder's continued role and terms of employment. |
| Letter Issuer | Authorized company representative, such as HR manager or supervisor. | Should be printed on company letterhead and signed by the issuer. |
| Additional Supporting Documents | May include recent pay stubs or employment contracts alongside the verification letter. | Provides supplementary evidence of consistent employment. |
Supporting Employer Documentation
What documents are required from the employer for an H1B visa extension?
Supporting employer documentation must include a valid Labor Condition Application (LCA) certified by the Department of Labor. The employer must also provide an updated H1B petition form (Form I-129) along with a detailed employment verification letter specifying job duties, salary, and duration of employment.
Proof of Lawful Status and Previous H1B Approvals
Extending an H1B visa requires submitting specific documents that verify your current legal status and previous visa approvals. Ensuring these documents are accurate and complete is essential for a successful extension process.
- Proof of Lawful Status - This includes your current I-94 Arrival/Departure Record, demonstrating your lawful presence in the United States.
- Previous H1B Approvals - Copies of prior I-797 Approval Notices must be provided to confirm your ongoing authorized employment under the H1B visa category.
- Supporting Employment Evidence - Documentation such as recent pay stubs and an employment verification letter supports continuous employment eligibility.
Submitting these key documents helps USCIS process your H1B extension without delays.
Evidence of Ongoing Employment and Pay Stubs
Evidence of ongoing employment is crucial for an H1B visa extension, demonstrating that the beneficiary continues to work in the same role as specified in the original petition. This evidence typically includes an updated employment verification letter from the employer, confirming job title, duties, and continued salary. Pay stubs serve as concrete proof of consistent wages paid, supporting the claim of sustained employment under H1B status.
Educational Credentials and Degree Certificates
Educational credentials and degree certificates are essential documents for an H1B visa extension application. These documents verify the applicant's qualifications and ensure compliance with U.S. immigration requirements.
The primary educational credentials required include official transcripts and degree certificates from accredited institutions. These documents must demonstrate that the applicant holds the necessary qualifications for the specialty occupation. Providing certified copies or notarized translations of foreign degrees is often necessary to establish authenticity and equivalency.
Filing Fees and Submission Instructions
Filing an H1B visa extension requires submitting specific documents along with the appropriate filing fees. Ensuring accurate submission according to USCIS guidelines is essential for a smooth extension process.
- Form I-129 - Petition for a Nonimmigrant Worker must be completed and signed to initiate the extension request.
- Filing Fees - Your submission must include the base filing fee, ACWIA fee, fraud prevention fee, and any applicable premium processing fee.
- Supporting Documentation - Include your current H1B visa, employer support letter, and evidence of continued employment to validate the extension request.
What Documents are Required for an H1B Visa Extension? Infographic
