H-1B Visa Supporting Documents: Everything Immigration Lawyers Need to Know
- Adam Sharf (Pigeon) and Greg Siskind (Siskind Susser, PC)
- Mar 24
- 4 min read
Table of Contents
Introduction to the H-1B Visa
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign professionals for specialty occupations requiring a bachelor’s degree or higher in fields such as IT, engineering, finance, healthcare, and more.
H-1B petitions must be sponsored by a U.S. employer, who files the petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee (beneficiary). The process includes obtaining a Labor Condition Application (LCA) from the Department of Labor (DOL) before submitting the petition to USCIS.
Given strict H-1B cap limits and heightened scrutiny, submitting complete and well-documented applications is critical. Missing a single required document can lead to delays, RFEs (Requests for Evidence), or denials.
This guide is here to help. We draw from Pigeon’s years of experience working with immigration law firms and insights from AILA’s Immigration Law Practice and Procedure Manual: A “Cookbook” of Essential Practice Materials—an invaluable resource for immigration professionals.
Why Supporting Documents Are So Important
Supporting documents serve three key purposes:
Prove eligibility – Ensure the applicant meets the legal requirements for adjustment of status.
Validate qualifications for permanent residency – Documents confirm admissibility, lawful entry, and maintenance of legal status.
Provide extra assurance – Additional documents strengthen a case and preemptively address potential USCIS concerns.
How Pigeon Simplifies Document Collection
If you’re looking to streamline your H-1B evidence collection process, check out Pigeon Documents, a platform built to simplify document requests and organization for immigration law firms.
Here’s how Pigeon helps:
✅ Document Checklists – Create flexible checklists tailored for I-485 cases, including marriage-based applications and other adjustment pathways.
✅ Simple Client Uploads – Clients receive a secure link via email or SMS to upload files—no account required.
✅ Automated Reminders – Pigeon keeps applicants on track with automated email and text notifications.
✅ Track, Manage, and Request Changes – Review submissions in a central dashboard, request missing documents, and provide feedback instantly.
With Pigeon, you can save time, reduce errors, and provide a seamless experience for your clients. Get started with Pigeon today—schedule a demo or start your free trial now!
The Supporting Documents You Need for an H-1B Visa
Employer Documentation
Employers must provide key documents demonstrating their ability to sponsor and employ an H-1B worker:
Form I-129 and H-1B Classification Supplement – Primary USCIS petition form.
Certified Labor Condition Application (LCA) (Form ETA-9035) – Must be certified by the DOL before filing with USCIS30. Packet Preparation ….
Employer Support Letter – Describes the job, salary, and why the role qualifies as a specialty occupation.
Proof of Ability to Pay the Beneficiary’s Salary, including:
Business tax returns (last 2 years).
Annual reports or audited financial statements.
Bank statements (if necessary).
Company’s Organizational Documents (e.g., articles of incorporation, business licenses).
Job Description & Organizational Chart – Clarifies the need for an H-1B employee
Employee (Beneficiary) Documentation
The foreign national (beneficiary) must provide documentation proving qualifications and legal status:
Passport – Copy of the biometrics page and all U.S. visa stamps.
I-94 Arrival/Departure Record – If applying from within the U.S.
Copies of All Prior H-1B Approvals (if applicable) – If extending status or changing employers.
Educational Qualifications:
Degree(s) – Copy of bachelor’s, master’s, or doctorate degree.
Academic Transcripts.
Foreign Degree Equivalency Evaluation – If the degree was obtained outside the U.S.0. H Overview Article.
Work Experience Letters – If required to demonstrate specialty occupation qualification.
Licensure (if applicable) – If the occupation requires state licensure (e.g., medical professionals).
Specialty Occupation Evidence
Since USCIS closely examines whether a job qualifies as a specialty occupation, additional evidence must be submitted:
Job Posting Evidence – Demonstrates that the role requires a bachelor’s degree or higher.
Industry Standards & Expert Opinion Letters – Statements from industry experts explaining why the position requires a degree.
Comparison of Similar Job Listings – Shows that comparable employers require similar qualifications.
Work Product Samples – Demonstrates the technical complexity of the job.
Additional Supporting Documents for Extensions or Cap-Exempt H-1Bs
For H-1B extensions, amendments, or cap-exempt petitions, additional documentation may be required:
Proof of Maintenance of Status – Pay stubs, W-2s, and employment verification letters.
Proof of Time Spent Outside the U.S. – If requesting time recapture towards the six-year H-1B limit.
I-140 Approval Notice – If applying for a post-six-year extension under AC21.
Proof of H-1B Cap Exemption – If applying under an exempt employer category
Example H-1B Checklist in Pigeon
With Pigeon, you can create flexible supporting document checklists and save them as templates for each case type. Already have existing document lists? No problem—we can upload them for you to create your custom Pigeon templates!
Make Document Collection Easy with Pigeon
Running an immigration practice is stressful enough without all the pains that come with collecting supporting documents from clients. With Pigeon, you can make this process easier for you, your paralegals, and your clients.
Book a demo to learn more, or test Pigeon out on our free trial. Try Pigeon today and take the headache out of document collection.
AILA’s Immigration Law Practice and Procedure Manual
While this guide provides a thorough explanation of the supporting documents needed for a H-1B visa, AILA’s Immigration Law Practice and Procedure Manual: A “Cookbook” of Essential Practice Materials includes step-by-step workflows, sample letters, suggested forms, and other resources to help immigration professionals manage cases with confidence.
You can purchase a copy of AILA's Cookbook here.
Get started with Pigeon today—schedule a demo or start your free trial now!
