Checklist for H-1B Petition

MIT Administrators > H-1B Visa > Checklist

Please do not submit H-1B checklist items until/unless instructed by an H-1B advisor in the ISchO. They are NOT the first step in the process. See Overview of H-1B Process and Required Paperwork.

As the designated official in your department, center, or laboratory, we ask you to share these instructions with the scholar and work together to gather all of the documents on this checklist and submit them to ISchO as a complete packet. Be sure to include the designated number of copies and attach all required documents.

Please Note: Filing fees for employment-based visas, including the H-1B, must be paid by the hiring PI; the department, laboratory, or center in which the scholar will work; or other MIT account.

Please submit the following to ISchO:

From the Department:

  • Cover Sheet for H-1B Checklist Items Required - Please place on top of H-1B packet. Updated 3/2022
  • Completed Deemed Export Certification Formwith original signature
  • Completed "Statements by Employer" with original signature
  • Letter from scholar's faculty sponsor with original signature
    Download template - MIT computer certificate required
  • Fees: Institute checks, payable to Department of Homeland Security. If more than one fee applies, submit separate checks. Please submit all checks to the ISchO. Do not send them directly to USCIS.

    --$500 "anti-fraud" fee. For new H-1Bs only. Petitions for H-1B extensions with the same employer and/or amendment are exempt from the fee.

    --$460 filing fee for Form I-129. Required for all H-1B petitions.

    -- $2,500 fee for premium processing, IF NEEDED. This fee may be paid by the hiring PI/DLC or scholar, depending on the reason for expedited processing. Contact an ISchO advisor to discuss whether the fee is necessary.

back to top

From the Scholar:

  • H-1B Employee Information form with original signature
  • Certification of Copies with original signature. Scholar must sign (blue ink is preferred) to verify that copies included are authentic.
  • Summary of Visa Status and Employment in the United States. Required if scholar is currently in the United States or has been in the United States in any status other than B-1 or B-2 in the past 10 years.
  • Evidence of highest degree, plus original translation and/or credential evaluation, if applicable -- see below:**

    -- For new H-1Bs only:     a copy of an official diploma, OR an official letter of certification of award of degree from the registrar of the school conferring the degree, OR an official transcript clearly showing completion of degree.

    -- For H-1B extensions: a copy of an official diploma is required

    **If the degree was obtained outside the United States, it must be accompanies by a credential evaluation confirming that the degree is equivalent to a U.S. degree in that field. The ISchO can provide more information about this requirement.

    **If documents or diploma are not in English, they must be accompanied by a translation by a qualified translator who can certify that the translation is complete and accurate, and explain how he/she is competent to do the translation.
  • Up-to-date CV (resume)
  • I-94 Admission Record printed from https://i94.cbp.dhs.gov/I94/#/home OR paper Form(s) I-94 ("I-94 card"), front and back (required only if the scholar is currently in the United States). The date stamp on the I-94 card must be legible.
  • Copies of previous visa documents (required only if the scholar is currently in the United States):

    -- For new H-1B applications only: current and any previous Forms I-20 (for F status), EADs (employment authorization cards), Forms DS-2019 (for J status), and/or Forms I-797 (approval notice of H, O, or sometimes TN status).

    -- For H-1B extensions: current and any previous Forms I-797 (H-1B approval notices).
  • Copies of passport information pages (photo page and validity page)
  • Proof of employment:  copies of pay statements from the most recent two months or other proof of employment.
  • Dependent application packet: If the scholar is in the United States and has dependents who are also in the United States and who will apply for H-4 status, the dependents must complete and sign Forms I-539/I-539A and submit them along with the required documents and a check for the $370 application fee, payable to Department of Homeland Security.

    If Form I-539/I-539A is being submitted for a minor child (under age 14), it must be signed by a parent on behalf of the minor child.

    Forms I-539/I-539A and helpful tips for completing them

back to top

Last Updated: March 2022