These checklists do not address the question of whether or not it is advisable to file a petition in any category.
They are intended for current clients of Curran & Berger LLP who have been referred to this list by staff.
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.
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.
We will need at least one (two if possible) of the following pieces of evidence of business existence and FEIN.
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.
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.