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Documents Checklist for H-1B Sponsors

Did you know that startups are eligible for H-1B visa sponsorship? You don’t need to be a large, established corporation to hire talent on an H-1B visa.

To hire a candidate on H-1B visa status, you will need to prove a few things:

  • You have a valid job offer for the new hire
  • You have a legitimate employer-employee relationship
  • The position qualifies as a speciality occupation
  • The offered salary meets or exceeds the minimum prevailing wage

Once you’ve determined you meet all of the above, you’ll need to gather the necessary documentation. Make sure you’ve checked all the boxes by reviewing the documents checklist below!

Documents Checklist

Forms for Filing the Petition 

  • Form G-28 (if using an attorney)
  • Form I-129
  • Approved Labor Condition Application (LCA)

Supporting Documentation – Company 

  • Articles of Incorporation
  • Federal Employer Identification Number (FEIN) receipt, issued by the US government
  • Tax returns, bank statements, or any official proof that you startup can pay the new hire’s salary
  • Office Lease
  • Job Offer Letter
  • Job Description

Supporting Documentation – Candidate 

  • Copy of valid passport
  • Copy of all previous and current US visa documents
  • Proof of education and/or experience; including diplomas, transcripts, and/or letters from previous employers

Putting it all together (in this order)

  • Form I-907 (if you elect for Premium Processing)
  • Form G-28 (if using an attorney)
  • Form I-129
  • Labor Condition Application (LCA)
  • Supporting documents

Legalpad helps companies of all sizes hire navigate the H-1B process. Reach out to us today to learn more!

About the author:

Allison Davy

Vice President Marketing, Legalpad

Allison helps startup founders from around the world navigate the complex U.S. immigration system so they can pursue their goals and purpose.