There are several documents that are required of the H-1B beneficiary to file the petition. The required documents can be described in two ways; documents that prove the beneficiary is qualified for the position; and documents that prove that the beneficiary has maintained lawful status in the United States. The specific documents that are submitted will depend on the individual’s case, so be sure to talk to your attorney if you are unsure about which documents apply to you.

Documents that prove the beneficiary is qualified for the position:

• Degree certificate with certified English translations if the degree is in a language other than English. Some US universities issue degree certificates in Latin. In these cases, a translation is usually provided on the university’s website and is sufficient to submit to USCIS.

• Official degree transcripts or marksheets with certified English translations if the documents are in a language other than English.

• Education evaluation proving the degree is the equivalent of a US bachelor’s degree, if the degree is from a non-US university: The education evaluation must be provided by a third-party evaluation service and is based on the AACRAO EDGE database.

• Letter evaluating the work experience from a third-party expert (if necessary): This letter can be used in place of a bachelor’s degree if you don’t have a degree or a degree that is not relevant to the position. To obtain this letter, you will need to provide work experience letters or leaving letters signed by the beneficiary’s former employers and copies of any required licenses required by the occupation. The attorney working on your case, or your employer will contact a third-party evaluation service for you. 

• Any licenses or certifications required by the position.  This includes licenses that are required by the state. An example would be a medical license required for physicians.

Documents that prove the beneficiary has maintained lawful status in the United States:

• Passport or travel document. The passport must be valid for the duration of your proposed stay. If it is not, USCIS or CBP may only grant you status until the end of your passport. If that happens, you will need to file another extension once you renew your passport.

• Most recent visa stamp.

• Most recent I-94. This document could be found on the bottom of your I-797 approval notice; or it could be issued by CBP and stamped in your passport at your entry, or online from the I-94 website. Whichever document was issued most recently controls your status. Always check your I-94 with every entry. If you discover your I-94 only extended your status for a shorter time period than your I-797, contact your employer and attorney right away. You may need to contact CBP at the point of entry to correct the error if one was made, file a new extension petition, or leave and re-enter the United States to extend your status.

• Copies of all previously issued Immigration documents, which can include:
  • I-797 approval notices.
  • Copies of the front and back of all previously issued EAD cards.
  • Your three most recent paystubs if you are currently employed.
  • If changing status from F status, copies of all previously issued I-20s, signed by the school official and the beneficiary.
  • If changing from J status, all previously issued DS-2019s and proof that you complied with 212(e) two-year home country residence requirement.
    • If you were granted a waiver of 212(e), you will need to provide your I-612 approval notice, 
    • If you left the United States for two years, you would need to provide evidence that you left the country. This could include your I-94 exit and entry record from CBP, entry stamps from your passport, boarding passes from travel, or other evidence that proves you were outside the United States.

If you have lost or don’t have access to any of the documents listed above, talk to your attorney or employer as soon as possible. They may be able to propose other documents that may satisfy the requirements for the petition.