Filling H1B Petition

  • Original signatures are required on each form. All signatures on the petition should be made in blue ink to readily identify the original signature. If the signature is made with black ink, it may become difficult to distinguish between the original and the copy as the copy is black and white and the signature is also black and white.
  • Double check the petition to make sure that you have answered all the questions and that the answers are consistent and correct throughout the entire package, including the petition and all accompanying documentation. USCIS cannot make assumptions about what a petitioner really intended if that is not clear on the face of the documents submitted. e.g.,
    • If you check "yes" to the question of whether the beneficiary has a U.S. Master's degree in Part A,#5 of the supplement, then Part C, #7 should also be checked "yes".
    • If the petitioner indicates on one part of the Form I-129 that the beneficiary is not subject to the cap, but on top of the petition writes "Regular Cap", it can delay processing of a case or even cause it to be rejected.
  • H1-B petition must be filed either at Vermont or California Service Center, depending on jurisdiction.
  • To make sure that your petition is filed properly, clearly label all H1-B cap cases in red ink on top margin of Form I-129 petition. Use the following codes:

    Reg. Cap (65,000 regular cases minus the Chile/Singapore cap cases received)
    C/S Cap (Chile/Singapore H-1B1s) U.S. Master (20,000 cap exemption for beneficiaries with U.S. Masters or higher degrees) Exempt (for petitions filed by certain institutions of higher education; non profit organizations; and non profit research organizations or governmental research organizations, as defined

  • Please send only one petition per envelope. (These may then be mailed together in one mailing package.)
    • Regular Cap
    • U.S. Master's Cap
    • Regular Cap Premium Processing
    • U.S. Master's Cap Premium Processing
    • H-1B1 Chile/Singapore

    • Make sure to fill the application correctly regarding whether it is subject to the cap or not. If you file a petition that was subject to the cap, but if you incorrectly indicate that it was exempt from the cap, the petition will be denied if no H-1B visa numbers are available (cap has been reached) and the filing fees will not be returned.