Introduction to H1B Visa Renewal Documents
The H1B visa allows U.S. companies to hire foreign workers with special architecture, engineering, healthcare, and IT skills. This popular visa lets skilled professionals work and live in the U.S. It lasts for three years initially and requires renewal when it expires. Having the right H1B visa renewal documents is crucial, as they show the employer can provide the job and that the worker is qualified. In this article, we will look at the H1B visa renewal documents list and how to organize and submit them.
Table of Contents
- H1B Visa Renewal Process
- Supporting Documents for H1B Visa Renewal
- Premium Processing Service
- How to Organize and Submit Supporting Documents?
- Final Thoughts
Key Takeaways
- Employers must provide financial information about the company and write a letter that details the employee’s job title, salary, and duration of employment.
- To renew their H1B visa, the visa holder must also provide copies of their passport, current visa, and tax returns, among other documents.
- You can have your H1B visa renewal application expedited by paying the premium processing service fee.
H1B Visa Renewal Process
Renewing the H1B visa means extending it for another three years. It involves:
Step 1: Employer Sponsorship
The employer must keep sponsoring the visa holder and file a petition for them.
Step 2: Documentation
Both the employer and the visa holder must gather H1B visa renewal documents.
Step 3: Filing
The employer will file Form I-129, or the Petition for a Nonimmigrant Worker, at the U.S. Citizenship and Immigration Services (USCIS).
Step 4: Waiting Period
USCIS reviews the application and may send a Request for Evidence (RFE) if they want additional information.
Step 5: Approval
Once approved, the visa holder can continue working in the U.S. with their new H1B visa.
Supporting Documents for H1B Visa Renewal
Get the following H1B visa renewal documents as a foreign worker:
1. Form I-129
The employer will file this form on behalf of the H1B visa holder. They will pay the filing fee that USCIS has set.
2. Employer Documentation
In addition to the form, the employer shall write an employment verification letter confirming the employee’s continued employment. The letter should include the job title, job duties, annual salary, and employment duration.
The employer must file a copy of the certified Labor Condition Application (LCA) with the Department of Labor to ensure that the employment terms align with American labor standards.
3. Employee Documentation
The employee should get these H1B visa renewal documents:
- Valid Passport: It should be a copy of the biographical page of the employee’s current passport and pages that show U.S. visa stamps.
- Present H1B Visa: A copy of the employee’s current H1B visa stamp.
- Form I-94: A copy of this most recent form or the Arrival/Departure Record. This indicates the employee’s visa status and authorized stay in the United States.
- Previous Form I-797 Approval Notices: Get all copies of these notices related to the H1B status.
- Pay Stubs: Show the immigration of ongoing employment and consistent salary payouts with these documents.
- Tax Returns: Secure the most recent copies of W-2 and federal tax returns like Form 1040.
4. Educational Documentation
The employee should get copies of diplomas or certificates that align with the H1B specialty occupation. Academic transcripts from schools are also needed.
5. Professional Documentation
The visa holder should have an updated resume highlighting the experience, qualifications, and skills of their occupation.
6. Job Description
This document is a comprehensive list of the job duties, responsibilities, and requirements for the position the H1B visa holder or NIW applicant currently fills
7. Employer Financial Record
The employer should provide copies of tax returns, business licenses, and annual reports. To show their ability to pay the required wage, they must also show their balance sheets and profit and loss statements.
8. Dependents Documentation (if applicable)
The visa holder should provide these supporting documentation if they are taking dependents with them to the United States:
- Dependent Passports: Copies of the biographical pages of their passports.
- Form I-539 or Application to Extend/Change Nonimmigrant Status: For spouses and children applying to extend H-4 status. Current copies of the dependents’ H-4 visas and Form I-94 are also needed.
- Marriage and Birth Certificates: A copy of the visa holder’s marriage certificate should be secured to prove their relationship with their spouse. Copies of the children’s birth certificates should also be secured to prove their relationship with the visa holder.
9. Additional Documents
The employer or employee must respond to the RFE issued by the USCIS with additional documentation. A cover letter that summarizes the application’s contents is also required.
Premium Processing Service
Premium processing is available for H1B visa renewals. USCIS provides this service to allow petitioners to expedite the processing of their H1B petitions.
The agency guarantees a 15-day processing time. If the USCIS does not process it within the given timeframe, they will refund the fee and continue with expedited processing.
Follow these steps to use the premium processing service for H1B visa renewal:
1. Complete Form I-907: This is the Request for Premium Processing Service. It can be filed either with Form I-129 or after its submission.
2. Pay the Fee: The expedited processing costs $2,805. The fees are subject to change, so check the USCIS website from time to time.
3. Provide Documents: Compile the needed documents to speed up the application. Submit both forms to the designated USCIS service center.
4. Track the Petition: After submitting it and receiving the receipt notice from the USCIS, track its progress using the number the agency provided.
5. Respond to RFE: Provide the USCIS with the added information it needs to continue speeding up the application.
How to Organize and Submit Supporting Documents?
1. Make a Checklist: List all the documents you need to submit and leave a space to mark them with a check mark once you have them.
2. Make Copies: Keep physical and digital copies of all your documents before submitting them to USCIS.
3. Label Documents: Attach a label to each document to match your checklist.
4. Categorize: Organize your documents by category, such as financial documents, personal identification, educational certificates, and more.
5. Check: Review all forms and documents for accuracy and completeness before submission.
Final Thoughts
Completing all the necessary documents strengthens the H1B visa renewal and may increase the chances of quicker approval. By following this checklist, both the employer and employee can ensure an organized and efficient renewal process.
Seek the help of a competent immigration lawyer if you run into uncertainties and complex issues in the H1B visa renewal process. They can provide valuable advice, ensure you comply with USCIS’s requirements, and assist you with any potential challenges during renewal.
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