H-1B Visa - Immigration - International Student

Your employer has two options when choosing to file for an H-1B visa on your behalf, a more affordable but longer regular process or an expedited but costly premium process. Here we will describe the regular option of filing, but if you need your visa sooner and your employer is willing to pay approximately $1,225 in filing expenses, you could have your visa in as little as 15 days. For a complete list of necessary documents and more information on submission or the expedited filing process, the Department of Homeland Security is a great resource.

As a general overview, here are the steps to file an H-1B visa:

1. Complete all sections of the Form I-129 petition, including the H Classification Supplement (pages 11 and 12 of the form) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17-19). You can find current versions of the necessary forms here.
2. Make sure each form has an original signature, preferably in black ink.
3. Include a signed check or money order with the correct fee amount.
4. Submit all required documentation and evidence with the application at the time of filing to ensure your documents are processed as quickly as possible.
5. Be sure to file the petition to the correct United States Citizenship and Immigration Service (USCIS) center. You can view where to mail your application here.

Additional documents to submit with your petition:

• Labor Condition Application (LCA) – Also known as the form ETA 9035, be sure to sign this form before submission and keep a copy for your records. The purpose of this form is to attest to the compliance of the H-1B program in general.
• Evidence of Beneficiary’s Education Background - If all of the requirements for a degree have been met, but the degree has not yet been awarded you may submit the following alternate evidence:
• A copy of your final transcript; or
• A letter from the registrar confirming that all of the degree requirements have been met.
• Copy of the H-1B Petition – If you will be going through the application process abroad, you have to submit a copy of your H-1B petition and any subsequent response you may have to a Request for Evidence or Notice of Intent to Deny with your filing.

If you have any questions about the forms required or the filing process in general, be sure to contact your consulate directly.