How should I organize my H-1B package?
Answer
Clearly label all H-1B cap cases in red ink on the top margin of Form I-129. Use the following codes:
- Regular Cap (65,000 regular cap cases, not including Chile/Singapore cap cases)
- C/S Cap (Chile/Singapore H-1B1s)
- U.S.Masters (20,000 cap for beneficiaries with U.S. Masters or higher degrees)
A separate check for each applicable filing fee (Form I-129, Premium Processing, Fraud Fee, and/or ACWIA fee) is preferred. Applicable fees should be stapled to the bottom right corner of the top document.
Here is the preferred order of documents at time of submission.
- Form I-907 (if filing for Premium Processing Service);
- Form G-28 (if represented by attorney or accredited representative);
- Form I-129 (“Petition for a Nonimmigrant Worker”);
- H Classification Supplement to Form I-129;
- H-1B Data Collection and Filing Fee Exemption Supplement;
- Provide a Table of Contents for supporting documentation:
- Tab items as listed in Table of Contents;
- Arrival-Departure Record (Form I-94) (if the beneficiary is in the US);
- If applicable, the SEVIS Form I-20 (if current or former F‑1 student or F‑2 dependent), SEVIS Form DS-2019 (if current or former J-1 or J-2) or Form I-566 (if current A or G nonimmigrant)
- Certified Labor Condition Application, Form ETA 9035, from Department of Labor;
- Employer/Attorney/Representative letter(s); and
- Other supporting documentation.
- Duplicate copy of the petition if the beneficiary will be seeking nonimmigrant visa issuance abroad. Clearly identify the duplicate copy of the petition as a COPY, so that is not mistaken for a duplicate filing.
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