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!

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