In order to initiate or extend an H-1B, the petitioner (U.S. employer) must file a petition on behalf of the foreign worker with the USCIS.
The following is a sample list of forms and documentation required by the USCIS.
- Original Petition for Nonimmigrant Worker (Form I-129) with filing fees ($325 + $500 + $750 or $1500). Learn more about H-1B visa fees here.
- H Classification Supplement to Form I-129.
- H-1B Data Collection and Filing Fee Exemption Supplement.
- U.S. employer’s Letter in Support of the petition specifying the nature of the employer’s business; duties of the position qualifying it as a ‘specialty occupation’; minimum degree requirement; foreign worker’s credentials; and the terms of employment.
- Certified Labor Condition Application (Form ETA 9035).
- Proof of foreign worker’s credentials.
i. Copy of degree or diploma
ii. Copy of transcripts
iii. Degree evaluation (if a foreign degree)
- Copy of biographic page of foreign worker’s passport (if foreign worker is lawfully in the U.S.).
- Copy of Form I-94 Arrival/Departure Record (if foreign worker is lawfully in the U.S.).
*All foreign language documents must be accompanied by a certified English translation.