H-1B Visa Documents Checklist

Starting the H-1B visa process is like beginning a new adventure. It’s a journey full of detailed rules and paperwork that the U.S. uses to let businesses bring in workers from other countries for specialized jobs. This guide is here to help make sense of it all, especially for those just starting or needing to update their visa. It’s designed to be a clear list of what you need to gather, to help you through the process without too much stress.

Required Documents for H-1B New and Extension Petitions

• H-1B Visa Request Form. [Form I-129]
• Prevailing Wage Intake Form.
• Actual Wage Memorandum.
• $460 check payable to “U.S. Department of Homeland Security”.
• Employer’s letter on departmental letterhead. [Sample]
• Copies of offer or reappointment letters. [Offer letter] & [Reappointment Letter]
• Evidence of the beneficiary’s degree.
• Up-to-date curriculum vitae or resume.
• For foreign medical school graduates, USMLE results and U.S. professional license, if patient care is involved.
• Passport page showing biographical data.
• Maintenance of Status/I-94 Consent form and I-94 Arrival/Departure Record, if currently in the U.S.
• J-1 or J-2 status documents, if applicable.
• $500 Fraud Prevention and Detection Fee, for new or transfer petitions.
• Dependent filings for H-4 Status: Complete Form I-539, including proof of relationship, and biometric services fee.

Personal Documents

1. Passport Biographical Page:

• Current passport’s biography page(s), including expiration date.
• Include the full image of the biography page and the MRZ text.
• If I-94 contains an old passport number, include a copy of that passport.

1. CV (Curriculum Vitae):

• Updated CV with current employment and most recent publications.

Visa Documents

• Note: Not required if entering the US after receiving an H-1B visa stamp.

1. J-1 Visa Status Documents (if applicable):

• Most recent electronic I-94.
• All DS-2019s (page 1 only).
• All J-1 visa stamps.
• Evidence of waiver for the 2-year Home Residency Requirement, if applicable.

1. F-1 Visa Status Documents (if applicable):

• Most recent electronic I-94.
• All I-20s (pages 1 and 2 only).
• All F-1 visa stamps.
• OPT and STEM OPT EADs (front side only).
• Three most recent pay stubs.

1. Other Visa Statuses Documents (H-1B, H-4, J-2, etc.):

• All I-797 Approval Notices.
• Most recent electronic I-94.
• Visa stamp, if applicable.
• Primary visa holder’s documents, including passport biography page, most recent I-94, visa stamp, and pay stubs.
• Marriage certificate, if applicable, with English translation.

Education Documents

6. Diploma:

• Scan of the diploma from the highest degree earned.
• Optional: Scans of all previous degrees.

6. Transcripts:

• Scan of the transcripts for the highest degree earned.
• For research-based PhD programs with no coursework, provide a letter from the school registrar or advisor, or previous degree and transcripts.

6. Translation (if documents are not in English):

• Provide an English translation of the diploma and transcripts, with a certification statement from the translator.

6. Academic Equivalency Evaluation (for degrees from non-US institutions):

• Use a recognized evaluation company.
• A general evaluation is required.

Other Documents

10. Medical License (if applicable):
    • For positions involving patient care, include a valid license or certificate.
11. I-539 Application and Waiver of Liability (for dependents changing to H-4 visa status):
    • Complete the H-4 checklist and submit documents accordingly.

This checklist should serve as a guideline to gather all necessary documentation for an H-1B visa petition. It is advised to consult with a legal professional for the most accurate and updated information specific to your case.

Going through the H-1B visa application is a big task, filled with lots of steps and paperwork. But this checklist is like your personal guide, making a complicated process a bit easier to manage. By following this step-by-step list, you’re moving closer to working in the U.S., equipped with the right information to get you through the process smoothly. Think of it as your helper in turning the challenge of paperwork into a successful journey toward your goal.