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H1B Visa Petition Filing Documents Checklist USCIS ? What NOT to give ?

Applying for H1B visa to work in US could be a very lengthy process. Sending all the correct set of documents to your employer is very important. But, there are many employers, especially IT bodyshop kind of companies, that can ask you for stuff you do not need to  lock them with you. Also, if you are an F1 student on OPT applying for H1B, you will also require additional set of documents from the school. In this article, we will cover the list of documents needed for filing H1B Visa petition with USCIS, including H1B registration and high level cost of filing and what you should not give to your employer.

If you are new to the process, read  How to Apply for H1B Visa – Process ?

H1B Filing – Registration vs Actual Petition Filing

USCIS changed their H1B petition filing process from FY 2021 season. In the new process, they introduced H1B Registration Process, where employers need to first register the H1B applicants or employees in the H1B Registration Online Tool, whom they intend to sponsor H1B to work in US.

If more than 85,000 H1B registrations are submitted in the online system, then USCIS will run lottery first on the registrations as needed and give H1B Selection Notices. Employer will file actual H1B petition with USCIS after they are selected in registration process.

Let’s look at what is needed for each of the processes.

Documents Checklist for H1B Registration Submission

Employers need very basic information regarding the employee or applicant in order to submit the H1B registration in online tool. Below is the information required to be filled online. All you need to submit is Passport details( if the applicant has it)

  • Legal Name of the H1B applicant – First, Middle and Family Name
  • Gender of the applicant
  • Option to select, if the applicant is eligible for US Masters H1B Quota
  • Date of Birth
  • Country of Birth
  • Country of Citizenship
  • Passport Number (  There is option to check, if there is no passport number too )

So, technically, there is not much personal info or documents that need to be given for H1B registration process.

Now, let look at the second step after selection in registration.

H1B Visa Petition Filing Documents Checklist for USCIS

If an applicant is selected in H1B registration process, then the corresponding applicant’s employer can file H1B Petition with USCIS. To submit H1B petition or application with USCIS, the H1B applicant need to submit the below documents to employer for preparing the petition and submitting the same to USCIS:

New H1B Cap subject Petition Filing Documents Checklist

  • Copy of all educational certificates of your Bachelors (also Masters if applicable) degree including mark sheets.
  • Copy of Bachelors or Masters Degree award certificates
  • Copy of Passport- all pages
  • If degree is from US University, Transcript and Degree award certificate.
  • If degree from US University, Copy of I-20
  • If you are currently living in US, copy of I-94 ( electronic or physical copy)
  • Copy of latest Resume.
  • If you have lived in US and paid taxes, copy of previous W2 tax forms.
  • If you have lived in US, copy of your driving license or state ID
  • If you have lived in US and have SSN, copy of your Social Security Card.
  • If you have done education evaluation, copy of the education evaluations too.
  • Work experience certificates (if any )
  • If you have any evaluation reports from work, copy of them too.

If you are an F1 Student in US working on OPT or STEM OPT, you will need additional documents as listed below.

  • OPT Card Copy
  • STEM OPT Card Copy ( if applicable)
  • Copy of the latest I-20 from your DSO that show OPT authorization.
  • Copy of the I-94 ( electronic stating your student status)
  • Pay stubs related to your work on OPT
  • I-983 Training Plan for STEM OPT Students.

H1B Transfer Additional Documents Checklist

If the applicant is applying for H1B Transfer the below additional documents would need to submitted, in addition to the above listed documents under new H1B petition checklist.

  • Your most recent H1B approval, copy of previous H1B approval notices (I-797 form).
  • If you are transferring H1B, copy of recent 3 months pay stubs from your previous employer

What Documents you Should NOT give to H1B sponsoring company?

Consultancies aka IT Body Shop companies sometimes trick you if you do not know the process. They may ask you for original certificates, actual passport and all other originals. You should NEVER give original documents of mark sheets, passport or any other documents to anyone.  You will need to carry the originals only when you go for H1B visa stamping, but not for applying H1B Visa petition with USCIS.

USCIS will never ask for any originals, they may ask for education evaluation documents, but not the originals. There are always some exceptions and if they ask, please ask your H1B filing employer to show you exactly what they got from USCIS and then only submit if needed.   If you give the originals, you are stuck with the employer who filed. DO NOT give any originals.

How much does filing H1B really Cost?

The H1B fee varies by the size of the company..As of FY 2022 season, it can range anywhere from $1,710 USD to $7,910 USD + Attorney Fee. There are various fees components that make up this number range, for full details check H1B Visa Filing Fee Details – Summary 

You should check USCIS website for correct H1B filing fee, as they revise fee every few years or so.

Who pays for the H1B Visa petition filing Cost ?

As an employee you should not pay any fee for H1B petition filing with USCIS. it is H1B Sponsor’s expense and their responsibility to pay for all the expenses regarding H1B filing…Overall, do NOT be tricked by your H1B filing employer/ IT body shop company.

Understand H1B Visa Holder Rights – US Department of Labor Assistant

If you a new H1B seekers or an existing H1B employee, it is important for you to understand the rights of H1B worker. US Department of Labor has put up a nice assistant for you to give guidance on various aspects like Immigration Fee, Bench Pay,  Wages, etc. Read H1B Holder Rights Assistant by US Dept of Labor

What has been your experience ? What is the check list ?

   

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662 Comments

  1. Hi,

    I have masters from US, and my h1 got picked in this years lottery. currently, I am on day 1 CPT masters program. What do you recommend, should I go for counselor processing or change of status will work.

    Reply

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