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Confused About the Documents Required for H1B Visa Application?
H1B is a temporary, non-immigrant visa given to foreign nationals who have got a specialty occupation job offer in the U.S. If you are one among those who have applied with the USCIS as Consular Processing, you will have to get the visa stamping done at your nearest US Embassy or US Consular.
Whatever visa you choose, the immigration process is not going to be easy. Since the competitiveness of H1B visas is high, it is even more important to ensure that you've got all the H1B visa interview documents right. In case you are getting confused about the documents you need to provide at the time of filing the visa, attending the interview, and managing the requests for evidence, we've got it all listed down here for you.
Before you read about the list of documents required for attending an H1B Visa Interview, do check this detailed list containing the requirements of H1B Visa Eligibility.
Documents for H1B Visa Petition
- I-129 Form
- Proof of approved LCA or Labor Condition Application
- All required supporting documentation, including copies of:
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- A recent CV
- Employment offer letter with details of employment
- Educational documents like degrees
- Any other documents required to support your case.
Factors ensuring the best chances of approval
- Ensure that money orders or checks are officiated for the correct amount with required signatures.
- File all the H1B required documents at the right time.
- Complete all required fields on Form I-129 - the Nonimmigrant Worker petition form.
The H1B visa application must be filed as a complete package. Separate checks required for the I-129 must be displayed or stapled on the bottom right of the first document in your package. Checks must be available for a premium processing fee (if opted for), fraud prevention fee, the US employer’s sponsorship, and a public law fee. USCIS does not specify a preferred order for filing the documents.
The List of Documents Required for Attending an H1B Visa interview
If you need to file an H1B petition, your employer will have to submit a few documents for the H1B visa application on your behalf. An approved labor condition application and I-129 are definitely mandatory. The other necessary documents for H1B visa are:
- Copy of your resume/CV
- Copy of your passport
- Proof of your degree
- Proof of your previous employment
- Proof of accomplishments & certifications
- Copy of educational/technical degrees
- Letter from your present employer
- Copy of all transcripts
- Letter from the registrar certifying that you have completed your educational credits.
The H1B Stamping Documents
If you are applying for a new H1B visa application for the first time, you need to do that during a predefined time window. It can be done only once a year. Here are some of the H1B stamping documents you need to submit at the time of visa application:
- Payment receipt of US Visa Application Fee.
- US Visa Application Form DS-160, the Online Non-immigrant Visa Application.
- A passport that holds validity for at least 6 months beyond the expiry date of your H-1B petition ( as in the I-797 approval notice) or beyond the date of your visa application.
- One passport-size color photo (please ensure that you cross-check with the U.S. consulate website. Some consulates ask for more than one photo).
- Photocopy of your H-1B petition along with all the supporting documents you had filed with the USCIS.
- A copy of the approved Labor Condition Application.
- Photocopy of the I-797 Approval Notice ( lower and upper) from the USCIS confirming the approval of your H-1B petition.
- A letter from your employer confirming the employment as described in your H-1B petition. The compensation should also be mentioned, and it should be equal to or greater than the rate listed in your petition.
- Reciprocity fee if required. It can vary with your country of nationality. Refer to the website- https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html to get the details.
- Payment stubs for the past 3 months.
- Official transcripts from the colleges or universities you have attended.
- In case you have a U.S degree, submit the original I-20 forms.
- Official diploma and other diploma certificates.
- Copies of U.S. Medical Licensing Exam Step 1,2, and 3 exam results in case you are a graduate from any foreign
- Medical School (Canadian Medical Schools are also included) and is planning to engage in medical care.
First-time H1B visa applicants should also add the below to their H1B document checklist:
- Phone numbers and names of all the personal managers at your previous and present work positions.
- CV or resume
- Payslips from your most recent or current place of employment.
Supporting Documents Required for H1B Visa Application
Given below are some of the documents you might have to produce as supporting evidence in case the Consular officer requests you to provide extra information:
- Your resume or CV
- Copy of project details you are working on, in case it is an in-house project.
- Copy of the I-129 form submitted by the H1B sponsoring company on your behalf.
- Experience letter from the company you are working for at present.
- Copy of all your I-20s, in case you had studied in the US before.
- Bank statements for the past 6 months to prove that you were working for that company.
- Company-related photos and tax details if it is a small company.
- Official transcripts from your Master's Degree and Undergraduate University in a sealed envelope
Though some of the above-listed supporting documents are not always asked for, it is always better to carry them along than regret it later.
Also Read : H1B Interview- Understanding the Process
Documents Required For Dependents of The H1B Visa Applicant
Dependents of H1B visa holders can also accompany them to the US. Dependents refer to the spouse and unmarried children under the age of 21. The dependents will be provided with an H4 visa. While applying for an H4 visa for their dependents, H-1B applicants should submit the following documents:
- Passport size color photograph- 1 No
- Non-immigrant visa application ( Form DS 160) - completed online.
- Photocopy of the I-797 Approval Notice ( lower and upper) from the USCIS confirming the approval of the principal applicant's H-1B petition
- Passport with a validity that extends at least 6 months beyond the expiry date of the principal applicant's visa application or H1B petition ( as shown in the I-797 approval notice)
- A letter from the employer of your spouse confirming their employment status.
- Copy of the principal applicant's visa (Applicable only if both are applying separately)
- Original documents that prove the relationship between the principal applicant and the dependents. ( Original marriage certificate for spouse, original birth certificate for children)
- Letter from the employer of the principal H-1B applicant stating the employment status and compensation clearly. The compensation should be equal to or greater than the rate given in the H-1B petition.
- Paystubs and earning statements of the principal applicant
- Payslips of the spouse for the current calendar year in case the person is already working in the United States on an H-1B visa.
- Federal tax returns (IRS Form 1040 and W-2s) of the spouse for all the years they had worked in the United
- States on an H1-B visa (only applicable if the person is already working in the U.S.)
Note: In case any document is not written in English, then it must be translated into English
Documents Required for H1B Visa Renewal
If your H-1B visa is nearing the expiry date, you can opt for an H1B visa renewal. As per sections AC 21 106 (a) and AC 21 104 C (American Competitiveness in the twenty-first Century Act), you can renew your H1B visa beyond the maximum duration of 6 years. Here is the H1B document checklist for that:
- Copy of the expired H-1B visa stamped on the passport.
- Payslips from the most recent or current employer.
- Form I-94
- Federal tax forms W-2 and 1040 for all the years you have been working in the US.
- Bank statements for the past 12 months you have been employed in the US.
If you are already staying in the US, you need to submit:
- US State ID ( if available)
- Social Security Card with SSN number
- US Driving License ( if available)
- Passport page with the latest US visa stamp
- US Residence Proof Documents ( utility bills, for example)
- Arrival or Departure record received when you visited the US the last time.
- Maintenance Status/I-94 and I-94 Consent form- completed and signed.
Documents Required at Port of Entry
Port of entry refers to the first place you enter the US on a visa. It can be the seaport, border checkpoint, or the airport. After attaining the H-1B status, you will not be allowed to enter the US earlier than 10 days before the start date given on Form I-797.
To re-enter or enter the US, you need to bring the below-listed documents:
- Copy of your H1B Labor Condition Application(LCA)
- Form I-797
- A letter from your current employer confirming your employment status (job title, dates of employment as listed on the I-797 H-1B approval notice, and annual salary). The letter should be dated within one month of your re-entry or visa interview.
- Passport with validity that extends at least 6 months beyond your H1B visa status duration (check the dates on your I-797 approval notice) along with a valid H1B visa stamp.
- Original educational certificates- high school (10th and 12th), Bachelor's Degree and Masters Degree (if applicable)
- Employment agreement duly signed by you along with the H1B sponsoring company.
- Job offer letter provided by the H1B sponsoring company.
If you have studied in the United States, you need to carry:
- Your employment OPT card before getting the H1B visa
- Previous W2 Tax forms in case you had worked on an F1 Visa in CPT
- STEM OPT card you had used before obtaining an H1B
- 120s from the previous schools you had attended in the US
During your trip to the US or after arriving in the US, you will be provided with an Arrival/Departure Record (Form I-94). Ensure that you fill in the form correctly and enter your name exactly as you had given in the passport.
H1B Documentation required for Green Card application in 2022
Eligible applicants can use the H1B visa to transition to a green card. This process will require a separate list of documents, including:
- Employer’s I-140 Form - the Immigrant Petition for Alien Worker and all allied supporting evidence.
- Those opting for premium processing must file a new I-907, apart from any H1B document filed as an H1B document.
- Once you get approved for the Green Card and get your priority date current, you will have to file the I-485 Form: Application to Register Permanent Resident or Adjust Status.
If premium processing is not the way you want to go, consular processing will mandate the following:
- All your passports, including the expired ones.
- A photograph of yourself.
- Documentation proving your eligibility for a Green Card.
- Your updated CV.
You will be called for a personal interview once all documentation is submitted. Be sure to fill in and submit your DS-260 online immigrant visa application and carry a copy of the confirmation page and receipt.
TechFetch H1B - For all Your H1B Information Needs
Now that you have a clear idea about all the documents you need to apply for an H1B visa, you can proceed and make the application soon. If you need any further help or have any queries, visit TechFetch H1B.
**Disclaimer: H1B rules and regulations keep changing from time to time. For the latest information, always refer to the USCIS official website.**
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