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H1-B Visa Filing Procedure
How do I organize my H-1B package?

A separate check for each applicable filing fee (Form I-129, Premium Processing, Fraud Fee, and/or ACWIA fee) is preferred.

Here is the preferred order of documents at time of submission. Applicable fees should be stapled to the bottom right corner of the top document (Form I-907, Form G-28, or Form I- 129).

  • 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;
    • Provide a Table of Contents;
    • Arrival-Departure Record (Form I-94) (if the beneficiary is in the US);
    • and, 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;
  • Other supporting documentation
  • Duplicate copy of the petition if the beneficiary will be seeking nonimmigrant visa issuance abroad.

Note: If multiple petitions will be included in the same courier service or Post Office package, please place individual petitions into separate envelopes within the package.

Filing Documentation
Notice of Entry of Appearance as Attorney or Representative (Form G-28)

If the petitioner will be represented by an attorney or other accredited representative, a properly executed Form G-28 should be submitted. Each Form G-28 shouldinclude the following:

  • All sections completed;
  • The printed name and signature of the representative. The representative's signature can be either an original or a facsimile; and
  • The original signature of the petitioner
Form I-129, Petition for a Nonimmigrant Worker
  • Please be sure to complete all sections of the form accurately. We include a link, below, to the most common errors in an H-1B petition.
  • Be sure the beneficiary's name is spelled properly and that his/her date of birth is displayed in the proper format (mm/dd/yyyy). Also, country of birth/citizenship and the I -94 # (if applicable) should be reviewed for accuracy.
  • If the beneficiary will ultimately be seeking issuance of a visa at a consular office abroad, a copy of the petition and supporting documentation should be included with the filing. For cases where the beneficiary is not seeking a change of status in the United States, a copy is not necessary.
  • If the beneficiary is seeking an extension or change of status, the petition should include evidence (e.g. Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.
  • A copy of the beneficiary's valid passport.
H Classification Supplement to Form I-129 (pages 7-8 of Form I-129)
  • Please be sure to complete all sections of the form accurately.
  • In listing previous periods of stay in H/L classification (question 3), please also include the actual nonimmigrant classification (e.g., H-1B or H-4) held.
  • Petitioner must sign the form, preferably in blue ink.
H-1B Data Collection and Filing Fee Supplement form (pages 10-11 of Form I-129)
  • Please be sure to complete all sections of the form accurately.
  • If the beneficiary has earned a Master's Degree or higher from a U.S. educational institution, be sure to answer accordingly in Part A, Question 5 and Part C, question 7.
  • If the petition does not involve a change of employer, Part C question 6 is not relevant. Thus, please answer "No" or provide an "N/A" in the margin of the form to the left of the question.
  • Petitioner must sign the form, preferably in blue ink.
Form I-907, Request for Premium Processing
  • Please be sure to complete all sections of the form accurately with original signatures.
  • If there is a valid Form G-28 with the file and the attorney is signing the Form I-907, then the representative should sign in both Parts 3 and 4 of the Form I-907. Otherwise, the petitioner's signature is required. We prefer that the signature(s) be in blue ink.
  • When Form I-907 is filed after the filing of Form I-129, please include a copy of the Form I-129 receipt notice along with the Form I-907.