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The H-1B Visa Conversation Continues: The Required Documents and Information from the H-1B Worker

To conclude the ongoing discussion about the H-1B Visa application process from beginning to end, today’s post addresses the specific information required from the foreign national employee.

If you haven’t yet viewed the previous H-1B Visa posts in this series, make sure to catch up on them first including the required information and documentation pertaining to the offered position as well as the information needed in regards to the employer.

H-1B Employee Information

A foreign national being sponsored in an H-1B Visa application will have to provide extensive and detailed information to complete the  process. A sampling of the required information and documentation is as follows:

General Information Required

  • Employee’s FULL name
  • Does the employee hold a Master’s Degree or higher from a U.S. educational institution?
  • Is the employee married and/or have children? – If yes, spouses and children will be required to provide separate documentation (addressed later).
  • Detailed listing of each prior time employee was inside the U.S. – Each stint must be documented, including the beginning and end date, including immigrant status.
  • Latest arrival date in the U.S., including the current immigrant status
  • Whether an I-140 has ever been filed on the employee’s behalf – If yes, the date and outcome will be required.
  • Whether the employee has ever filed an I-485 – If yes, date and outcome will be required.
  • All countries where citizenship is held
  • Place of birth – City, state, province, country.
  • Field of study of held Bachelor’s Degree and/or Master’s Degree
  • All phone numbers – Home, cell phone, work.
  • E-mail address
  • U.S home address if the employee is currently in the United States
  • Permanent foreign address
  • Full birth date and social security number
  • The preferred U.S. consulate city in the home country
  • Whether the employee has ever been denied in an immigration-related case or been involved in a deportation proceeding.

Documentation Required (Copies)

  • I-94 cards for employee and all dependents
  • Visa stamps for employee and dependents
  • First three pages of passport – dependents as well, if applicable.
  • All certificates, diplomas, degrees, and transcripts
  • Any additional education credential evaluations
  • Professional resume
  • Certifications, memberships, and licenses
  • Letters of reference or letters that verify work experience
  • All prior U.S.-related immigration documentation – prior H-1B approvals and/or applications, I-797’s, etc.
  • Whether employee has ever been denied H-1B or any other status
  • Documentation of entry and exit stamps if employee has left the U.S. for over a year
  • Any recent H-1B pay statements if transferring from one employer to another
  • Spousal information if in H-4 status

Spousal and Children Information and Documentation

Spouses:

  • Documentation (Copies) – I-94, marriage license, first three pages of passport, visa stamping, all status documents, and approval notices.
  • Information
    1. Birth country
    2. Birth date
    3. Foreign home address
    4. Latest U.S. arrival date
    5. I-94 number
    6. Current status and expiration date
    7. Passport number, issue date, and expiration date

Children (each child):

  • Documentation (Copies) – I-94, first three pages of passport, visa stamping, copies of child’s birth certificate showing parents’ names.
  • Information:
    1. Child’s full name and date of birth
    2. Birth country
    3. Latest U.S. arrival date and status
    4. Social security number
    5. Passport number, issue date, and expiration date
    6. Immigration status and expiration date

As this post makes clear, the H-1B employee will be required to provide information and documents that takes a thorough accounting of their personal, professional, and academic life.

Such are the requirements of an H-1B Visa, and while the approval process can be complicated and exacting, it provides a great opportunity to work and live in the U.S.

For more information on H-1B employee documents, contact Lightman Law Firm at (212) 643-0985 or submit a consultation request online.  Also visit our H-1B Visa section for more details.

Lightman Law Firm was recently honored as New York’s 2014 Immigration Law Firm of the Year by Acquisition International. Additionally, founding attorney, Douglas Lightman, was named a “Rising Star” by SuperLawyers.com. Lightman Law Firm also carries a 4.9 rating on Google Reviews.

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