Business Existence Documentation for H-1B Petitions

Tis the season! While many in the US are busy preparing for the holiday season, employers and potential H-1B employees are bustling filing H-1B transfers for the start of the new year, and thinking about preparing for the H-1B "cap" season coming up this spring. We have found that when an H-1B employer has not filed many H-1B petitions with USCIS before, USCIS will often issue a request for evidence asking for "business existence documentation" to establish that the entity sponsoring the H-1B employee is a bona fide organization. To streamline the process for our clients, we proactively submit this documentation with H-1B filings for employers relatively new to the H-1B process. The following types of documentation can be submitted. It is not required to submit each document listed below, but in general, the more you are able to submit, the less likely USCIS will request additional evidence of the business existing:

  1. Current rental agreement, lease, or mortgage that is signed and dated by all parties;
  2. Valid city, country, state or deferral government business licenses;
  3. Articles of incorporation or other corporate documentation, if applicable;
  4. Letter from the U.S. IRS (FEIN assignment letter);
  5. State quarterly wage reports;
  6. Federal tax statements;
  7. Invoices or payment receipts from vendors to the company, or from the company to clients/customers.

Again, it is not required to submit every piece of evidence listed above. However, by proactively including at least some of this documentation with the H-1B petition package, it is less likely that USCIS will request it later, which can slow down the adjudication process.

Do you need assistance with an employment-based or family-based immigration matter? Contact us today to find out how we can streamline the process for you! 804-396-3412 or info@sumnerimmigration.com. We look forward to hearing from you!

Recent blog posts

Mar
1
2021
Great news for those applying for naturalization to become a US citizen! USCIS will now continue to use the 2008 version of the civics test. In the last days of the Trump administration, USCIS announced that they would use a longer and harder version… Read More
Feb
6
2021
By Nikita Hernandez, Sumner Immigration Law Paralegal It’s official! You’ve become Mr. or Mrs. and want to take on your spouse’s name while getting your US permanent residence situated, but when is the best time to do that? APPLYING FOR A NAME… Read More
Feb
2
2021
One of the most common questions that we receive from our clients is about case processing time. The USCIS and DOL estimated case processing times are available online, but that source can be frustrating as they sometimes give a wide range of timefra… Read More

Read More Blog Posts

“I worked with Emily for my EB2 green card. Throughout the process, Emily and her assistants were very prompt and responsive. Everything was completed in a timely manner. She is very reliable and was able to answer any questions that I had during the… Read More"
– Immigration Client
“My Green Card got approved! Thank you very much for your help, I highly appreciate it! The way you have executed the filing procedure was simply perfect, from filing labor to GC approval, your documentation and communication with me was the best. I w… Read More"
– Kishore

More Client Reviews