Thinking about filing a petition for a cap-subject H-1B in the visa lottery? Here are some things you might need to include, depending on the specifics of the company and the prospective employee. All forms must be properly signed. For a complete list of all requirements, please consult an experienced immigration attorney to thoroughly review the applicable statutory and regulatory requirements and the form instructions.
- Attorney Cover Letter
- Filing fees: You need a separate check for each filing fee. They should each be made out to “U.S. Department of Homeland Security.” The base fee for an I-129 for H-1B is $325. Other fees that might apply are the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee ($750 or $1,500); Fraud Prevention and Detection fee ($500); Public Law 111-230 fee ($2,000); and Premium Processing Service fee ($1,225)
- Form G-28 for representation by an attorney
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-129, Trade Agreement Supplement to Form I-129
- Form I-129, H Classification Supplement to Form I-129
- H-1B Data Collection and Filing Fee Exemption Supplement
- Form I-907, for Premium Processing Service
- Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL)
- Evidence: This depends on the specifics of your situation. Evidence could include a log of other aliens using the same LCA; employer support letter; company brochure; contract between the employer and the client company for off-site employment; a description of the job responsibilities; resume; offer letter, organizational chart; experience letter; educational documents including an educational credentials evaluation; and identity documents including copies of passport, prior visas, I-94 card; employment authorization document (EAD) work permit; and copies of I-20s.
- Duplicate copy for consular processing
This list is not exclusive so please review all of the rules before submitting your package.
