After Getting Selected for H-1B
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      1. The White Paper for F1 Students
      2. H-1B
      3. After Getting Selected for H-1B

      H-1B Application Materials (from Employer)

      This article lists required materials for H-1B petitions provided by the employer.

      For an H-1B petition, employers need to provide the following materials:

      1. Labor Condition Application(LCA): Employers must first obtain an approved LCA from the U.S. Department of Labor, which states the wages and working conditions for the H-1B applicant.

      2. Form I-129: Employers need to submit Form I-129 (Petition for a Nonimmigrant Worker), including the supplemental forms and the fees.

      3. Company Profile: This should include basic information about the company such as its name, DBA (Doing Business As), year of establishment, address, phone number, number of employees, number of H-1B/L-1 employees, gross revenue, net income, and contact information for the person responsible.

      4. Company Federal Tax Number: Employer Identification Number (EIN).

      5. Job Description: A detailed description of the H-1B applicant's position, duties, salary, and working conditions.

      6. Proof of Degree Requirement: Evidence that the position requires at least a bachelor's degree or its equivalent.

      7. Wage Proof: Documentation that the wage offered to the H-1B worker meets or exceeds the prevailing wage for the area and position.

      8. Company Financial Records: Financial statements, tax records, etc., to prove the company's ability to pay the H-1B worker's salary.

      9. Employment Contract or Job Offer Letter: The employment contract or job offer letter signed by the H-1B applicant.

      10. Application Fees: Payment of the application fees, including the filing fee, ACWIA fee, and anti-fraud fee.

      11. Other Documents: Depending on the company's specific situation and USCIS requirements, other supporting materials may be needed.

      If this is the company's first time applying for an H-1B visa for an employee, the following document must also be provided:

      • FEIN Assignment Letter: A confirmation letter of the Federal Employer Identification Number sent by the IRS, or other letters issued by a government or bank institution that can verify the FEIN.

      If the employer is a newly established company, USCIS may also require the company to provide:

      • Lease agreement, rent receipts, or other proof of the company's office location.

      • If co-leasing with another company, provide the name of the other company, the relationship between the two, as well as a floor plan and photos of the office space.

      • Business license of the company's location.

      • Business contracts, invoices, bills, bank statements, and utility bills (for proving the active operation of the company).

      • Quarterly wage reports for the past year.

      • Federal tax return records.

      • Documents related to the establishment of the company.

      If the company is newly established and has no income yet, the following materials may be required:

      • Product or business plan

      • Efforts made to promote the product or business

      • Financing documents

      • Intellectual property certificates or papers related to the product or business

      This is just a basic checklist. The specific materials required may vary based on the applicant's situation and USCIS requirements. We recommend consulting an immigration lawyer before submitting your application to ensure all materials are complete and meet the requirements.