We are immigration attorneys handing Work Visas under the H-1B Visa Program for highly qualified foreign nationals.  This is an explanation of the Documents Required for an H-1B Work Visa Petition.

Documents Required for an H-1B Work Visa Petition

Labor Condition Application (LCA)

A certified Department of Labor (DOL) Labor Condition Application (Form ETA 9035) must be submitted at the time the filing of the petition.  A copy of the LCA is acceptable. 

Employers need to keep DOL LCA processing times in mind before preparing the H-1B petition and plan accordingly.  If the LCA certified by DOL is for multiple positions, the name and USCIS case receipt number of any foreign national who has previously utilized the LCA must be provided. 

Petitioners should ensure that they have signed the LCA prior to the LCA being submitted with the petition to USCIS.

The Department of Labor’s Office of Foreign Labor Certification website has additional information on the LCA process. 

Evidence of a Beneficiary’s Educational Background

Evidence of the beneficiary’s educational degree must be submitted at the time of filing.  If all of the requirements for the degree have been met, but the degree has not yet been awarded, the employer may submit the following alternate evidence:

• A copy of the beneficiary’s final transcript; or
• A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).

If the employer indicates that the beneficiary is qualified based on a combination of education and experience, substantiating evidence must be provided of this at time of filing.

A Duplicate Copy of the H-1B Petition

A duplicate copy of the H-1B petition must be submitted with the original at the time of filing if the beneficiary will be seeking nonimmigrant visa issuance abroad.  USCIS will not make a second copy if one is not provided. 

The employer may also choose to submit a duplicate copy of the petition if the beneficiary is requesting a change of status to H-1B or an extension of stay in case the beneficiary later decides to seek visa issuance abroad or the H-1B petition is approved but the beneficiary’s concurrent change of status or extension of stay request is denied. 

The Department of State website may be usefule to assure 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.

Multiple or Duplicative Filings

On March 19, 2008, USCIS announced an interim final rule on H-1B visas to prohibit employers from filing multiple or duplicative H-1B visas for the same employee. To ensure fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions.

We are immigration attorneys handing Work Visas under the H-1B Visa Program for highly qualified foreign nationals.  If you would like more information, you can submit your case for review with an immigration attorney, or call our office at 314.645.7900.