H-1B Petition Documents: Documents for Filing an H-1B Petition

H-1B Petition Documents: Documents for Filing an H-1B Petition

The following documents should be organized in a given order when filing H1B Petition:

  • Filing fees:
    • Fee for filing I-129. 
      Filing fee details 

    • $1,500 employer funded training fee ($750 for employers with fewer than 25 full-time employees in the United States) 

      This fee is also called American Competitiveness and Workforce Improvement Act of 1998 (ACWIA fee). 

      The following are exempt from paying this fee:
      • Exempt Entities: The following employers are exempt from the charge:
        • An institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a). 

        • A nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a). 

        • A nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C). 

        • Second or subsequent request for an extension of stay with the same employer. (1st extension and initial change of status to H-1B from other nonimmigrant status or new H-1B petitions for aliens abroad are required to pay the full charge. The H-1B aliens filing another H-1B petition for H-1B transfer to another employer are also subject to the full charge) 

        • An amended petition that does not contain any request for extension of stay. 

        • Filing the petition in order to correct a USCIS error. 

        • Petitioner is a primary or secondary education institution. 

        • Petition is a non-profit entity that engages in an established curriculum-related clinical training of students registered at such an institution. 

    • $500 Fraud Prevention and Detection fee on behalf of each beneficiary by a petitioner. This is not applicable for Chile/Singapore H-1B1 cases. This is applicable for both initial H1B and H1B transfer cases. 

    • Optional fee for Premium Processing
      Petitioners frequently miscalculate the amount of money needed for each filing. If you submit the fees in one check, and the amount is wrong, USCIS must reject the petition. Therefore, a separate check for each applicable filing fee (Form I-129, ACWIA Fee, Fraud Fee, and Premium Processing) is preferred. Applicable fees should be stapled to the bottom right corner of the top document (Form I-907, Form G-28, or Form I-129). This reduces the chances of unintentional math errors when calculating the total fees due in connection with the filing of an H-1B petition.

  • Form I-907, if filing for Premium Processing Service

    For certain employment-based immigration benefits, petitioners may choose to file a Form I-907 with the accompanying filing fee to have their petition adjudicated within 15 calendar days (this fee is in addition to the required base filing and other applicable fees) when H-1B petitions are eligible for the Premium Processing program. The Form I-907 can be filed at the same time as or subsequent to the filing of Form I-129. If filed subsequent to the Form I-129, please be sure to include the receipt number (i.e. EAC 08 123 51234) of the Form I-129 in the pertinent section of Form I-907. Please use the latest version of Form I-907. Outdated versions will not be accepted. 

    Form filling tips:
    • Make sure to complete all sections of the form accurately with original signatures in blue ink

    • If a valid Form G-28 is being submitted with the petition, and the attorney is signing the Form I-907, then the representative should sign in both Part 3 and 4 of the Form I-907. Otherwise, the petitioner’s signature is required. Signatures should be in blue ink

    • If Form I-907 is filed after the filing of Form I-129, include a copy of the Form I-129 receipt notice along with the Form I-907. 

  • Form G-28, if represented by attorney or accredited representative. 

    Each Form G-28 should include the following:
    • All section properly completed; 

    • The printed name and signature of the representative. The representative’s signature can be either an original or a facsimile (fax); and 

    • The original signature of the petitioner in blue ink

  • Form I-129, Petition for a Nonimmigrant Worker. 

    Form filling tips:
    • Complete all sections of the form accurately. 

    • Make sure to spell the name of the beneficiary correctly and that his/her date of birth is displayed in the proper format (mm/dd/yyyy), that is Month, Day, and Year.

    • A duplicate copy of the petition must also be submitted if the beneficiary will be seeking nonimmigrant visa issuance abroad. Don’t send the copy of the petition if the beneficiary is already in the U.S. and is seeking the change of status.

      Please review the list of U.S. consulates worldwide to make sure that the consulate indicated on Form I-129 is able to process the beneficiary’s nonimmigrant visa application and for any other consulate-specific special instructions. 

    • If the beneficiary is or has ever been a J-1, please note that Part C, #4 of the supplement does not refer to all J-1s who have been granted waivers of the 212(e) 2-year foreign residency requirement. Check “Yes” only if your worker is a doctor or a medical researcher who has been granted a Conrad 30 waiver under INA section 214(I)(1)(B) to work in a medically underserved area, or a waiver under INA section 214(I)(1)(C) based on a request by an Interested Government Agency (IGA). 

    • The original signature of the petitioner in blue ink

  • H Classification Supplement to Form I-129

    This is included in the pages 7 and 8 of Form I-129 package. 

    Form filling tips:
    • Make sure to complete all sections of the form accurately. 

    • In listing previous periods of stay in H/L classification (Question 3), please also include the actual nonimmigrant classification held, such as H-1B or H-4.

    • The original signature of the petitioner in blue ink

  • Supplement for H-1B Data Collection and Filing Fee Exemption Supplement. 

    This is included in pages 10 and 11 of Form I-129 package. 

    Form filling tips:
    • Make sure to complete all sections of the form accurately. 

    • If the beneficiary has earned a master’s degree or higher from a U.S. education institution, be sure to answer accordingly in Part A, Question 5 and Part C, Question 7.

    • If the petition does not involve change of employer, Part C Question 6 is not relevant. Therefore, please answer “No” or provide an “N/A” in the margin of the form to the left to the question.

    • The original signature of the petitioner in blue ink

  • Provide a Table of Contents
    • Tab items as listed in the Table of Contents

  • If the beneficiary is in the U.S., evidence such as Form I-94 (arrival-departure record) or Form I-797 approval notice should be included to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.

  • If applicable, the SEVIS Form I-20 (if current or former F-1 student or F-2 dependent), SEVIS FORM DS-2019 (if current or former J-1 or J-2), or Form I-566 (if current A or G nonimmigrant)

  • A certified Labor Condition Application, Form ETA 9035, from Department of Labor. A copy of the Labor Condition Application is acceptable. If the Labor Condition Application is for multiple positions, you should provide the name and USCIS case receipt number of any alien who has previously utilized it. 

  • Employer/Attorney/Representative letter; 

  • Other supporting documentation, including but not limited to the following:
    • Copies of evidence that the proposed employment qualifies as a specialty occupation; 

    • Evidence the alien has the required degree by submitting either:
      • A copy of the person’s U.S. baccalaureate or higher degree which is required by the specialty occupation;
      • A copy of a foreign degree determined to be equivalent to the U.S. degree; or
    • Copies of evidence of education and experience which is equivalent to the required U.S. degree; 

    • A copy of any required license or other official permission to practice the occupation in the state of intended employment; and 

    • A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed. 

    • A copy of the beneficiary’s valid passport. 

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