This checklist is intended for businesses and organizations that are sponsoring an employee for an H-1B visa. Our office will need the following documents and information in order to prepare the H-1B petition.
Required Documents and Information
Regarding the company, the H-1B holder’s position, and job recruitment:
- Job offer letter (if applicable)
- Copy of contract (if applicable)
- Complete job title and detailed job description, including the minimum requirements for the position and whether or not the position is full or part-time
- Union wage listing (if applicable)
- Proof of 501(c)(3) (if applicable)
- Proof of affiliation with an institution of higher education (if applicable)
- Statement that a license is not required for the position (if applicable)
- Summary of benefits offered to the beneficiary (if applicable)
- Most recent financial report*
- Does or will the employee have ownership interest in the company? If so, what ownership interest will the employee have?
Please note that DOL has changed their filing system to the new iCert system. As a result, employers who are not already registered with DOL will need to provide us with any of the following documents so that we can have DOL update the employer’s FEIN in their system. We recommend submitting these documents to DOL for employers who have also recently merged, been acquired, etc. Employers who have already submitted PERM and H-1B applications in the past may still need to update their information with DOL since the DOL iCert system is still a work in process. A simple way to obtain FEIN verification is by calling the IRS and requesting an FEIN confirmation letter. The IRS typically sends these on the same day the request is made, and DOL accepts this document. This confirmation letter can be obtained by calling the IRS at 1-800-829-4933.
Additional evidence of business existence and FEIN
We will need at least one (two if possible) of the following piece of evidence of business existence and FEIN:
- Federal or State tax return (only acceptable with a pre-printed label) or a pre-printed tax coupon showing the employer’s FEIN
- Documentation from employer’s financial institution showing employer’s FEIN
- Articles of incorporation, business license, or other certifications of business existence containing the employer’s FEIN
- Secretary of State registration documents containing the employer’s FEIN
- Official and/or government documents containing the employer’s FEIN OR
- Other documentation showing the FEIN and name of the employer
- Main address of business/place of work and address where employee will work (if different)
- List all physical locations where the prospective employee will work
- Federal Tax ID #
- Year founded
- Gross and Net Annual Income for employer
- Total number of employees
- Number of employees in similar position and salary range for this job
- An individual’s salary is determined based on …
- Salary offered to the beneficiary
- USCIS requires employers filing Form I-129 for H visa status to certify that they have (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination as to whether or not an export control license is required to release or share any controlled technology or technical data to the foreign national. Is an export control license required for this position?*
- Minimum number of hours per week that the Beneficiary will work
- Is the position full time or part time?
- Dates of intended employment (must not exceed 3 years)
- Number of employees presently on H-1B
- Number of employees who are U.S. citizens
- Name and title of designated official (the person who will sign forms, etc.)
- Phone, fax and email for designated official
- Name, phone, fax and email of contact person (if different from designated official)
- Name, title, phone, fax and email of the employee’s supervisor
For general H-1B information, including resources about Deemed Export Controls, click here. For information regarding the fees that the Employer is expected to pay, please see Employer Responsibilities on this page: http://curranberger.com/employment-based-immigration/h-1b-visas-for-specialty-occupations/.
A small number of employers sponsoring H-1B, L-1, or O-1 employees are required to state whether or not their organization is required to attain a license (deemed export attestation) from the federal government to regulate sensitive military or other controlled technology that will be released to the foreign national employee. Employers dealing with such sensitive technologies should review the Export Administration Regulation (EAR) and the International Traffic Arms Regulations (ITAR) to determine whether or not this requirement applies to their organization. You may need to consult with your corporate attorney for help in answering this question. As a resource for your corporate attorney, please click here for a recent practice advisory from AILA on the subject, with good links for information. Please feel free to call our office if you have questions.
*Providing a financial report or tax return can help show that a business is real and avoid questions. It is not required.