H-1B Visa Questionnaire

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (100)

Labor Condition Application (LCA)

The first step to hiring most H-1B workers from outside the U.S. is for the employer to file a labor condition application (LCA) with the Department of Labor (DOL). Then the employer is required to file the LCA approval notice with the I-129 petition.

Some terms and conditions of the H-1B classification:

  1. Work authorization for H-1B foreign specialty workers is employer-specific (i.e. limited to employment with the approved employer/petitioner).
  2. A change of employer requires a new H-1B petition; under some circumstances, a nonimmigrant who was previously issued an H1-B visa or provided H1-B nonimmigrant status may begin working for a new H1-B employer as soon as the new employer files a “nonfrivolous” H1-B petition for the nonimmigrant.
  3. Multiple employers require multiple H-1B petitions. 
  4. The employer is responsible for return transportation costs for an employee terminated prior to the end of the approved period of employment.
  5. H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal.  Dependents may not be employed under the H-4 classification.

Document Requirements for H-1B Classification Petition

The petition (Form I-129) should be filed by the U.S. employer with:

  1. A certified labor condition application from the Department of Labor;
  2. Copies of evidence that the proposed employment qualifies as a specialty occupation;
  3. Evidence the alien has the required degree by submitting either:
    • A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation;
    • A copy of a foreign degree determined to be equivalent to the U.S. degree; or
    • Copies of evidence of education and experience which is equivalent to the required U.S. degree;
  4. A copy of any required license or other official permission to practice the occupation in the state of intended employment; and 
  5. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

Documents From U.S. Employer

Please provide the following documents:

  1. Copy of Articles of Incorporation or similar depending on organizational form;
  2. Copy of business license, if applicable;
  3. Evidence of continuing existence and viability of the business (please include as many of the following as may be accessible):
    • Advertising material and brochures;
    • Certified copy of lease of premises or title deed to fixed property;
    • Latest financial statements (Balance Sheets, Statements of Income and Expenses,  etc.) showing the foreign entity’s financial position;
    • Business bank statements for the last twelve (12) months;
    • Invoices to customers and from suppliers and/or contracts showing ongoing trading;
    • Pictures of products, premises, staff and equipment (in duplicate), where applicable;
    • Submit a list of all employees including names and job titles for the last three (3) of years;
    • Copies of business tax returns;
    • Copies of the company’s Payroll Summary evidencing wages paid to employees;
  4. Detailed description of the business including nature of business, number of employees and gross annual income

Documents from Foreign National

 Please provide the following documents when you submit your completed questionnaire:

  1. Copies of all educational degrees and transcripts;
  2. Up-to-date curriculum vitae (resume);
  3. Copy of your passport (all pages) and passports of all accompanying family members;
  4. Copy of I-94 card (front and back side) and all accompanying family members ;
  5. Copies of all previous visa approval notices (e.g. H-1B, L-1, J-1, EAD, etc.);
  6. Most recent pay stubs from your employer;
  7. Copy of marriage certificate; and
  8. Copy of your birth certificate and all accompanying family members. 

Nonimmigrant Visa Questionnaire

Please provide the following information for each family member traveling to the United States with the principal applicant.  Please note that you must complete all information in order to submit the form.  If a question is not applicable, simply input "N/A."  If you do not yet have the required information such as your U.S. address, input "Unknown."  As soon as you have more information, such as your new address, please provide it to us immediately.  If you fail to provide complete answers to any of these questions, processing your application or petition will take significantly longer than we anticipated.

Personal Information
 
1. Your legal name (first middle last):
 *
 
2. Aliases (maiden name former names etc...):
 *
 
3. Place of Birth (city state country)
 *
 
4. Country(ies) of Nationality or Citizenship:
 *
 
5. Date of Birth (month / day / year)
 *
 
6. United States Address (street number names city state and zip code where you will reside in the U.S. if known.):
 *
 
7. Address Abroad (street number name city province postal code country where you currently reside)
 *
 
8. Current Telephone Numbers with area code and country code (any home business home fax business fax mobile telephone if applicable.):
 *
 
9. Email address (Please advise if this is a secure address where we can send confidential information.):
 *
 
10. Social Security Number (SSN) if any:
 *
 
11. Alien Number (A#) if any:
 *
 
12. National Identification Number if any:
 *
 
13. Marital Status (single married widowed estranged or separated divorced)
 *
 
14. Spouse's Full Name (first middle last):
 *
 
15. Spouse's Aliases (maiden name former names etc...):
 *
 
16. Spouse's Date of Birth (month / day / year):
 *
 
17. Name Age & Sex of All Dependant Children:
 *
 
18. Are any of the following people currently residing in the United States (please answer yes or no and check all that apply)?
 *
Spouse (husband or wife)
Parent (mother or father)
Finace(e)
Child (son or daughter)
Sibling (brother or sister)
 
19. Mother's Full name (first middle last):
 *
 
20. Father's Full Name (first middle last)
 *
 
21. Have you ever been arrested or convicted or a crime? If yes please provide the details including the date and place of the arrest and conviction and the sentence (punishment) you received.
 *
 
Immigration & Travel Information
 
22. Date (month / day / year) you were last admitted to the United States.
 *
 
23. Last U.S. Port of Entry (city state country):
 *
 
24. Classification under which you were last admitted to the United States (e.g. H-1B Visa Waiver Program B1/B2 Visitor E-2)
 *
 
25. Current I-94 Number:
 *
 
26. Epiration Date of Current I-94:
 *
 
27. List all of the countries you visited in the last ten (10) years:
 *
 
28. List all of the countries that ever issued you a passport:
 *
 
29. Place of Passport Issuance (city province/state and country):
 *
 
30. Date of Passport Issuance (month / day / year):
 *
 
31. Passport Number:
 *
 
32. Passport Expiration Date:
 *
 
33. Have you ever been denied a U.S. visa for any reason? If so please explain:
 *
 
34. Have you ever had a U.S. visa revoke or cancelled? If so please explain:
 *
 
35. Has anyone ever filed an application for a U.S. immigrant visa on your behalf? If so please explain:
 *
 
36. Have you ever been issued a U.S. visa? If so please provide the following for each U.S. visa (date of issuance expiration date place of issuance and type of visa):
 
37. Have you ever applied for a labor certification immigrant petition (Form I-140) or other form of lawful permanent residency ("green card")? If yes please explain:
 *
 
38. Do you currently have specific travel arrangements to the United States? If yes please provide a detailed itinerary including point of departure and point and date of entry:
 *
 
39. Have you ever had any problems or difficulties with U.S. immigration or American Consulates? If yes please explain:
 *
 
Corporate & Professional Information
 
40. Full Name of Current Employer
 *
 
41. Please provide the: (i) name (ii) address (iii) telephone number (iv) job title (v) supervisor's name and (vi) dates of employment for you last three (3) employers:
 *
 
44. Please describe in detail the title and nature of the offered position with the U.S. company (include all management fuctions and any specialized knowledge required for the positions).
 *
Do not enter anything in this field:

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PLEASE NOTE:  BEFORE YOU SUBMIT THE COMPLETED QUESTIONNAIRE, PLEASE PRINT A COPY FOR YOUR RECORDS.