H-1B Sponsorship Checklist: Documents Employers Need

An H-1B sponsorship requires paperwork that covers four things: the role, the worker, your company, and the wage for the role. Get those documents right and the petition can move forward. Get them wrong and it can stall or draw scrutiny.

That paperwork also has to hold up months or years later. The Department of Labor’s Wage and Hour Division can audit an employer’s H-1B records without notice, and the file you built at the start is what you’ll have to defend.

Here’s a handy document checklist for each stage of the process. For a full walkthrough, start with our Employers Guide to H-1B.

How do you prove the role is a specialty occupation?

Your documents are how you prove that you’re hiring for a specialty occupation. To qualify for an H-1B, the position has to meet at least one of four legal tests under federal regulation:

1. The required degree is normally the minimum for the role.
2. A degree in a related field is the industry norm.
3. Your company normally has the same hiring requirement for similar roles
4. The duties are complex enough to require a degree.

Since the 2025 H-1B modernization rule, the degree also has to be in a specific field directly related to the duties. A general or any-major degree no longer works.

What do you need from the H-1B worker?

The worker supplies proof of their credentials and immigration status. Collect these early on:

• Diploma and transcripts for the degree, showing the field of study
• Foreign-degree credential evaluation if the degree is from outside the U.S., confirming it is equivalent to a U.S. degree in the specific field
• Resume or CV mapping experience to the role
• Current status documents (for workers already in the U.S.), including passport, I-94, prior I-797 approvals, and visa stamps
• Pay stubs from the last three months for transfers, extensions, or amendments
• Any prior or pending petitions filed for this worker

What company documents does USCIS expect?

Your company has to show it’s a real, operating business that can pay the offered wage. Gather these documents:

• Signed support letter: On company letterhead, explaining the role and why it needs the degree
• FEIN documentation: Your Federal Employer Identification Number
• Proof of operations: Website, brochures, client contracts, marketing materials, etc.
• Ability to pay: Recent tax returns, financial statements, or an annual report to show you can pay the offered wage (newer or smaller companies should expect to show more)

💡 Manifest Tip: Your employee count drives your fees. Rates differ for businesses with 25 or fewer full-time equivalent employees (FTEs) versus more than 25. On new and transfer petitions, employers that have 50+ staff members who are mostly on H-1B or L-1 visas will pay a $4,000 surcharge. See our H-1B costs page for the breakdown.

What goes into the LCA (Form ETA-9035)?

The Labor Condition Application is your attestation to the Department of Labor that hiring an H-1B worker won’t undercut U.S. workers’ wages or conditions. There’s no filing fee, and certification usually takes about seven business days.

Have this information ready before you file your LCA:

• Worksite address: Where the work happens
• Actual wage: What you pay others in the same role
• Prevailing wage: Include the source of that wage determination
• Wage level: Level I, II, III, or IV

💡 Manifest Tip: Setting a senior role at too low a level is a common reason for an RFE. Under the H-1B wage-weighted selection process, lower levels may also draw fewer chances in the lottery.

What must be in the Public Access File, and when?

Create the Public Access File (PAF) within one working day of filing the LCA. This is one of the first documents a Department of Labor auditor asks to see, so build it as you file. Per DOL Fact Sheet #62F, it must include:

What forms and fees do you file with USCIS?

The H-1B petition itself is Form I-129. For cap cases, you also pay a $215 electronic registration fee during the March lottery registration window. Below is the fee snapshot as of July 1, 2026:

On new and transfer petitions, employers that have 50+ staff who are mostly on H-1B or L-1 visas must add a $4,000 fee. Optional premium processing adds $2,965. Before filing, double-check the USCIS Fee Schedule for the current amounts.

What records do you keep after approval?

Approval is only the start of compliance. A Department of Labor investigation can be triggered by a complaint or tip, often with little warning, so keep these on file:

• Certified LCA and Public Access File
• Pay records: Show the LCA wage was paid, including nonproductive time caused by the employer (such as by lack of work)
• Worksite-change records: A move outside the certified metro area needs a new LCA and an amended petition
• Bona fide termination records: Termination notice, I-129 withdrawal, and the reasonable cost of return transportation to the worker’s home country

Frequently asked questions for H-1B visa sponsorship

When does the Public Access File need to be ready?

The Public Access File needs to be ready within one business day of filing the LCA. It must hold six items: the certified LCA (Form ETA-9035E), the wage rate, the prevailing wage and its source, proof the notice was posted for 10 business days, a summary of benefits, and an explanation of your actual-wage system.

What’s the most common document mistake in an H-1B filing?

One common mistake in an H-1B filing is a job description that lists the degree as “preferred, not required” or that accepts a wide range of unrelated majors. Since the 2025 modernization rule, the degree must be both required for the role and in a specific field that is directly related to the job duties.

Do you need original documents or copies?

Copies are generally fine for the filing, but keep your originals and organized records on hand. The Public Access File and pay records must be retained and available if the Department of Labor asks.

How much are the government fees to file?

As of July 1, 2026, mandatory fees paid by a for-profit employer with 26+ staff run about $3,380, and roughly $2,010 for smaller employers (25 or fewer workers). Premium processing adds $2,965. See our H-1B costs page for the full breakdown.

Why work with Manifest Law on H-1B?

H-1B compliance involves HR, payroll, and legal, and it has to hold up to DOL review. Manifest’s business immigration team can help build that infrastructure for high-growth employers. Request a consultation with our team today.

Disclaimer. This article is for general informational purposes only and does not constitute legal advice. Reading it, or contacting Manifest Law through this site, does not create an attorney-client relationship. Immigration law changes frequently, and the information here is current only as of the publication date. For advice on your specific situation, consult a licensed attorney. Prior results do not guarantee a similar outcome. This communication is attorney advertising.