Documents for H1 Visa applicant

You will need the following documents for getting H-1 visa.


Mandatory documents
  • Current Passport as well as old old passports

  • One photograph

  • Confirmation page of online submitted Form DS-160 with CEAC bar code.

  • Visa Fees
    Fees to be paid in advance before taking an appointment.

  • Original interview appointment letter and one copy.
    Sample

  • I-129 Petition Receipt Number, printed on approved Form I-129 petition and copy of your Form I-797 approval. Original Form I-797 is no longer required for the interview. The Consular officer will verify your petition approval through the PIMS (Petition Information Management Service) of the Department of State.

Supporting documents
  • Original Form I-129 and one copy.

  • Recent letter from the employer that describes your proposed duties and intention to hire you.

  • Work experience letters from your previous employers that indicate your employment history, experience and specific work skills

  • Original degree certificates along with mark sheets and transcripts. (Secondary school information is not required)

  • Relevant diplomas or certificates, e.g. computer certification.

  • Photocopies of the first page, last page and remarks pages of your current Passport.

  • All previous passports, even if not used for travel.

  • Evidence of extension of legal status in the U.S., if applicable.

  • Pay stubs from your current or last place of employment and a recent income tax return.

  • If you have previously worked in the U.S.,
    • Your federal income tax returns (IRS Form 1040) and W-2 forms for all the years in which you have been employed in the U.S.

    • All pay slips and monthly bank statements for the past twelve months.

    • If applicable, a notarized letter from the petitioner explaining the failure to pay the approved wage for a specific period.

    • Your resume.

    • The names and current phone numbers of the personnel managers at your present and previous places of employment

First time applicants are also requested to bring the following items:
  • Names and current phone numbers of the personnel managers at the applicant's present and past jobs.

  • Photographs of the inside and outside of current or most recent employer's place of business.

  • Names and contact information of two co-workers from your current or most recent place of employment.

  • Names and contact information of two co-workers from past jobs.

  • A complete resume and cover letter describing current job duties in detail.

  • Personal bank records for the last six months.

  • U.S. company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report.

  • Resume or CV.

Petitioner (Employer) Documents
In case confidentiality is an issue with the documents from the petitioner, they can be submitted in a sealed envelope.
  • Labor Condition Application (LCA).

  • A copy of the petition with all supporting documents as filed to USCIS.

  • A copy of the employment contract or letter of agreement signed by you and the petitioner.

  • Petitioner's Income Tax Return for the last two tax years and financial statements.

  • A notarized list of all the petitioner's employees for each location. The list should show all employees' names, their specific job titles, start dates, end dates, and their individual salaries and immigrations status.

  • State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters as filed to all states or specific states.
    (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)

  • A list of all candidates petitioned by the petitioning entity that applied at the consulate where applicant will be applying, the exact times when they joined and duration for which they worked, including the date of departure if no longer employed with the company, and their current where abouts.

  • 15 photographs of the inside and outside of the petitioner's work premises.

  • A detailed and specific account of how the application will be employed during the next 12 months. It must specify the location, client and client information (if any), nature of the project, duration of the project.

  • Client site project
    • A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).

    • A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you. This letter should outline the nature of the job to be performed by the H1B visa applicant and should also provide the details of where the person will perform work, the length of the projects and why this specific H1B employee is required to get this job done.

      This may be difficult to get some times. End clients generally hire the contractors through a company because they don't want to get involved in the H1B visa process or even any HR or administration related responsibilities.

    • The applicant's complete itinerary of services, including company names and address. This should be from the end client.

    • Employment letter from your sponsoring employer clearly defining your roles and responsibilities, project description, duration, team size and technologies used.

    • 15 interior and exterior photographs of the client site location where the worker will be deployed.

    • Name, phone number and email address of the contact person at the client site.

    Documents mentioned above are routinely asked by the consulate even though law does not require such documents in order to issue the H1B visa. And in fact, H1B employers are supposed to pay the required prevailing wage to the H1B employee, irrespective of whether they are on project with end clients, doing internal projects or on bench. Also, sponsoring employer signs the H1B petition related documents under the penalty of perjury. Moreover, the employer always has an option open to send the H1B employee back to his/her home country, if they can't find the project for him/her. Additionally, these kinds of requirements cause delays in the implementation of projects, cause financial loss to both sponsoring employer and the end client and sponsoring employer looses credibility with their clients because not being able to provide the required workers on time.

    If you are not able to get any or some of the end client documents, you can use these arguments for your H1B visa application.

  • Internal project
    • A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, work site location, and marketing analysis for the final project.

    • If you are going to join a U.S. based product company, find out whether you are going to work on that product. If yes, product's complete requirement specification, functional design, your role in that product development, competitor's description, phase wise costing, deployment schedule etc. should be included in some document. You also must be aware of your role and responsibilities.

The consulate will not accept documents received directly from the company by mail or fax. All documents should be brought by the applicant to the interview. The consulate will not make this information available to anyone and will destroy the documents after review.

If you are currently working in the U.S. on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the U.S.

All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.