By Susan Cohen
Company Information & Documentation
Proof of funding: signed term sheet, bank statement, press releases or articles about recent rounds of financing.
Where the beneficiary is an owner of the company, proof of company's "control" over the beneficiary of the visa petition: agreement documenting terms for review of the beneficiary's job performance and provisions regarding termination and/or independent board of directors.
Payroll records showing the company already has employees.
Proof that the company is actively hiring: engagement of headhunters or recruiters, ads, etc.
Proof of engagement of public relations, advertising, accounting, web development, consulting, and/or law firms.
Contracts or agreements with customers or clients showing future revenue stream into the company. If none, include letters of intent or draft agreements.
Signed office lease and, where possible, a brochure or photos of the office space.
Newspaper articles or other press about the company.
Business plan that explains the mission of the company, staffing targets, expenses, and cash flow and revenue goals for the next three years.
Patents related to the Company's product, if applicable.
If there is a parent company overseas, then please provide the following:
Annual report of the parent company.
Parent company's financials: audited financials and/or tax returns, if an annual report is not available.
Recent bank statement of the parent company.
Statement of financial support by the parent company for a US subsidiary.
Wire transfers to U.S. subsidiary to show funding.
Newspaper articles or other press about the parent company.
Petitioning Employer Must Pay Required Wage
Must pay at least the prevailing wage for the offered position.
Compensation can be an hourly wage if part-time employment.
Wages must be paid in regular payroll increments.
Beneficiary Information & Documentation
Foreign national's e-mail address: we will use this e-mail address to supply the prospective employee/H-1B candidate with a User Name and Password for our Immigration Questionnaire.
Copy of the prospective employee's valid passport and any expired passports with US visas.
Copy of each dependent's valid passport and any expired passports with US visas.
Copy of the prospective employee's marriage certificate (if applicable) and a copy of each dependent child's birth certificate (if applicable).
Copies of the prospective employee's diplomas, transcripts and translations, including any previously issued credentials or degree evaluations, and letters verifying his or her experience.
Resume with a complete employment history.
Full copy of any petitions previously filed with US Citizenship and Immigration Services.
Copies of previously issued US visas and other related immigration documentation (e.g., Forms I-797 Approval Notices, Forms I-20 or DS-2019, Employment Authorization Documents, and Forms I-94).
If in the US: Copies of the prospective employee's and dependent family members' paper Forms I-94 or automated Forms I-94 obtained online here.
The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor's or higher degree or its equivalent in a particular field of study is normally the minimum entry requirement for the position;
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires a degree or its equivalent for the position; or
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
The proposed H-1B employee must meet one of the following criteria:
Have completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university;
Hold a foreign degree that is the equivalent to a US bachelor's or higher degree in the specialty occupation;
Hold an unrestricted state license, registration, or certification that authorizes the proposed H-1B employee to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; or
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.