H1B Working Visa

Frequently Asked Questions & Answers

16. What are the documents required to apply for H-1B visa outside the U.S.?

The documents required for H1B visa application are:

1. Passport

2. Documents sent by your employer:

a. LCA – Labor Certification Approval

b. Appointment letter by your Employer

c. Tax Returns Papers of the company (if your employer sends them)

d. Copy of letter to the Department of Justice

e. Copy of letter to the Consular General of the Indian consulate

f. Copy of the official evaluation of your degrees (if your employer sends it)

3. Your certificates:

a. PG certificate (if applicable)

b. Appointment letter by your Employer

c. Appointment and Relieving certificates for all the companies where you claim employment or Service certificates from the company giving dates and duration of your service

4. Dates of any prior stays in the U.S. in H-1B status
5. Very short description of job duties with the sponsoring U.S. Company
6. If occupation requires licensure in the U.S., copy of current U.S. license or temporary license
7. A copy of your resume, any additional diploma or supporting certificates, just for good measure
8. Two Demand Drafts made in favor of the name specified – one for Processing Fee ($45)* and the other for Issuance Fee ($100)
9. Two/three passport size color photographs

10. If processing H-4 Visas for dependent family members, copies of biographic and visa pages for all family members:

a. Copies of children’s birth certificates

b. Copy of marriage certificate

17. What are the documents required to apply for H-1B status when already in the U.S.?

The documents required to process an H-1B petition while in the U.S. are:

  1. Copy of the biographic and visa pages of current passport
  2. Present U.S. address
  3. Foreign address (may be address of parents or closest relative)
  4. Day and evening phone numbers and/or e-mail address
  5. Copy of Form I-94 card
  6. Copy of all prior H-1B approval notices (if currently on F-1 status, copy of Form I-20)
  7. Dates of any prior stays in the U.S. in H-1B status
  8. Current resume listing employment history
  9. Copy of your university or college degree, and if available, copy of university or college transcripts
  10. If you have ever obtained a credentials evaluation, a copy of the credentials evaluation
  11. Title with the sponsoring U.S. Company
  12. Very detailed description of job duties with the sponsoring U.S. Company
  13. If occupation requires licensure, copy of current license or temporary license
  14. Copy of most recent W2
  15. Copy of most recent pay slip with current employer
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18. What factors determine the prevailing wage for an H-1B beneficiary?

Relevant factors in determining prevailing wage include:

  1. Job title
  2. Educational and work experience requirements
  3. Job duties
  4. Job location
  5. Labor contract terms

19. What is the checklist for employers of H-1B applicants?

There are two new ‘displacement’ attestations that apply to H-1B dependent employers:

  1. Copy of employment agreement, if any
  2. Salary of the foreign worker
  3. Full corporate name and address
  4. Address where the foreign professional will be working
  5. Name, title, phone number, fax number, e-mail address of company contact who will sign the petition
  6. H1B visa employer’s federal I.D. tax number
  7. Gross and net annual income for the employer for the most recent year for which such figures are available
  8. Current number of employees
  9. Year the company was established
  10. Company brochure or other relevant company literature, if available
  11. Number of H-1B workers on staff
  12. Title and a detailed description of the position, including responsibilities and duties

20. What is the difference between my H-1B visa and H-1B Status?

Being granted H-1B status and getting your visa stamped are two different things that are often confused. Getting H-1B approval implies that you are authorized to work in the U.S. and getting visa stamped implies that a visa had been affixed to your passport that authorized to seek entry to the U.S.

Usually H-1B authorizations are issued for a period of three years and the date stamped on your passport would be close to this period.