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You are here: Home Immigration Department: New H1B Petition, Documents sent by Employer to USCIS, Regular or Premier Processing:

New H1B Cap Application Process – Documents needed:

The employer who sponsors for New H-1B gets all documents from candidates (new h1b check list mentioned in the previous section) and sends the following documents to USCIS (United States Immigration Services – www.uscis.gov) for new H1B cap in regular processing or in premier processing. The employer either fills the forms with the help of their immigration team or seeks help from the attorneys to file new H-1B application. From the recruitment perspective, if you want to know more in a detailed manner, you can Google it and find filled forms. The information provided below will change from time to time and we are just giving an overview about the forms required. Please visit relevant websites for latest updates.

Documents filed for new H1B for a Candidate by Employer to USCIS: For Regular Processing:

1. LCA (ETA Form 9035 and 9035E):

LCA means Labor Condition Application, ETA means Employment Training and Administration and Form 9035 and 9035E means Labor Condition Application for Non Immigrant Workers. Employers have username and password to fill this form electronically through the Government website (www.doleta.gov – United States Department of Labor). Within a week, if information is correct, it will be attested (SIGNED) by the officers of Department of Labor. This attested application has to be printed and sent along with other forms to get New H-1B approval.

The form contains employment-based non-immigrant visa information, temporary need information, employer information, employer point of contact information, attorney or agent information, rate of pay, employment and prevailing wage information, employer labor condition statements, additional employer labor condition statements, public disclosure information, declaration of the employer, LCA preparing personal, US GOVERNMENT AGENCY (ONLY) etc.

2. I-129:

I-129 means Petition for a non-immigrant worker and this form can be downloaded from www.uscis.gov (Department of Homeland Security, United States Immigration and Citizenship services): This application has to be printed, filled and signed by the employer.

This form contains petitioner (employer) information, information about this petition, basis for classification, requested action, total number of workers in the petition, Beneficiary (candidate) information, current us address, future VISA processing information, and basic information about the proposed employment and employer etc.

3. H Classification Supplement to Form I-129:

This form can be downloaded from www.uscis.gov and it has to be printed, filled and signed by the employer.

This form contains name of the petitioner, name of the beneficiary, beneficiary’s prior stay in US on L1 or H1 classification, classification sought, beneficiary's proposed duties, present occupation and summary of prior work experience etc.

4. H-1B Data Collection and Filing Fee Exemption Supplement:

This form can be downloaded from www.uscis.gov and it has to be printed, filled and signed by the employer.

This form contains name of the petitioner, name of the beneficiary, general information, beneficiary's highest school of education, proposed salary, fee exemption determination, numerical limitation exemption information, off-site assignment on H-1B beneficiaries, fee exemption and/or determination, numerical limitation information etc.

5. Support Letter:

This Support Letter is prepared by the employer or employer's attorney. This document contains information about the petitioner, position offered, the beneficiary, and terms of employment etc.

6. Checks: Checks to USCIS (filing & other fees)

For regular processing: checks to US department of homeland security filing fees, US department of homeland security fraud detection and prevention fee, US department of homeland security competitive and Workforce Improvement fees.

For premier processing: checks to US department of homeland security premium processing fees.

Previously Approved Petition: If the candidate has previously worked through H1B or L1 etc., then the copies of relevant documents and Social Security Number (SSN) should be attached.

G-28: If the H1B application and supporting documents are prepared by the attorney, then G-28 form will be attached. If the employer files the application to USCIS without attorney's help, then there is no need of G-28.

Chart: Organization chart (to whom the candidate will be reporting).

For Premier Processing:

In addition to all forms mentioned above in regular processing, form i-907 has to be submitted.

Additional check is also required since employer will get confirmation from USCIS within 15 days. For regular processing, it will take more than 15 days.

7. Candidate's Resume:

Copy of the resume.

8. Candidate's Education Details:

10th Mark sheet, 12th Mark sheet, Provisional Certificate, Degree Certificate, Degree Mark sheets.

9. Candidate's computer Certifications:

Computer Certification.

10. Evaluation for Education:

Credential Evaluation Document, which proves that the qualification is equivalent to some DEGREE in USA and candidate has the necessary qualification to work on new H-1B. Copies of Candidate’s education will be sent to the evaluator and evaluation will send education evaluation document.

11. Experience:

Experience Letters from previous employers.

12. Offer Letter:

Offer letter from Past, Present, and Future employer (sponsoring employer who is filing for h1b).

13. Performance:

Performance, Development and Appraisal Review.

14. Client Letter:

If the candidate will be working with a client rather than employer, then a letter from client is necessary, which states about the title of the candidate, duration of the project, no of hours worked, project description, skills required to do that job etc. If the candidate will be working in employer's premises, then employer has to provide the project details.

15. Passport:

Copy of the passport.

16. I-94:

If the candidate is already in USA.

All of these documents will be placed in an envelope and sent to the relevant USCIS service centers (California or Vermont).

 H1B Checklist for applying new H1B, H1B transfer, h1b Amendments, h1b Extensions    Step by Step approach to file H-1B petition to USCIS 



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