To file your H1B petition properly means to fill out, sign and attach all the necessary forms and supporting documents, enclose required H1B visa fees and send the whole package to the US Citizenship and Immigration Services (USCIS) in a timely manner. Note, that your employer is supposed to sponsor you (act as petitioner) when filing for H1B visa with USCIS on your behalf (beneficiary). You cannot file for H1B visa with USCIS on your own without being hired by US employer.
The list of H1B petition documents looks as follows:
1. Form I-129 (Petition for a Nonimmigrant Worker) – this is the main form to be submitted to USCIS to apply for an H1B visa. Make sure to complete all its sections correctly and completely and provide all the required support documents.
2. H Classification Supplement to Form I-129 – in this supplement you or your immigration lawyer will provide information on your previous stay in the USA in H or L classification, description of your proposed duties, as well as your present occupation and prior work experience.
3. H1B and H1B1 Data Collection and Filing Fee Exemption Supplement – in this supplement you or your immigration lawyer should provide your employer information, including its status to determine whether an additional fee of $1,500 or $750 applies according to the American Competitiveness and Workforce Act (ACWIA); information on your education level; and the type of H1B you are filing for, i.e. whether you are within a regular cap, US master’s degree cap, Chile/Singapore cap or cap exempt.
4. Labor Condition Application for Nonimmigrant Workers (LCA), Form ETA 9035 certified by the Department of Labor (DOL) – your employer or your immigration attorney should file LCA with DOL, have it approved by DOL and once your employer or your immigration attorney gets the certified copy of LCA from DOL, this copy should be enclosed along with other H1B petition documents.
5. I-94 Card, Arrival-Departure Record (Form I-94) – if you are currently in the United States and are applying for H1B status from here, you have to attach your prove of the date of arrival – your I-94 Card.
6. Employer letter on a company letterhead – in this letter your employer confirms the employer-employee relationship between you and the company, dates of employment, your position, duties and annual wage.
7. Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) – this form is filled out by your immigration attorney or accredited representative if you/your employer are represented by immigration attorney or being helped by accredited representative.
8. All additional supporting documentation, including but not limited to:
b. Diploma(s) copy
c. Transcripts copy
d. Passport copy
9. Form I-907 (Premium Processing Method) – this is an optional form, which should be filled out and attached to your package of H1B petition documents if you have chosen to apply using Premium Processing Method. If you or your employer chose to use this method, and additional fee in the amount of $1,225 will apply and USCIS will make a decision on your application within 15 days.
10. Other supporting documentation – there may be other supporting documents, which list and number varies depending on your particular circumstances.