Requirements for H-1B and H-4 Visa Stamping


In order to travel internationally, exit and enter the U.S. as an H-1B or H-4 visa holder, you must possess a valid passport and a valid visa stamp inside your passport. Visa stamps are issued by US Consulate's abroad.

Documents Required for Visa Stamping

The following is a list of documents required for obtaining a visa stamp for H-1B and H-4 visa holders. Note that this is not an exhaustive list. For specific questions or concerns, contact us or the US Consulate directly.

H-1B:

  • One DS-157 application. This is must be completed by all male applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply. Females from Iran, Iraq, Cuba, Sudan, Syria, Libya and North Korea, ages 16 or older, must also complete this application form.
    http://www.travel.state.gov/visa/frvi_forms.html

  • Valid Passport (valid for at least 6 months past the intended stay in the U.S.)

  • Proof of legal status in Canada/Mexico. In most cases, this will be evidence that you entered the country with permission as a visitor.

  • Recent passport sized photograph. The photo must have been taken within the last 6 months, 2 x 2 inches, color on white/light background, showing full face, no head cover. (Citizens of Cuba, North Korea, the Peoples Republic of China, Russia, and Vietnam over the age of 16 must provide two photos for each applicant).

  • Older passports containing previous visas.

  • Documents substantiating previous legal status in the U.S., H-1B approval notices, I-20s from any prior status as an F-1 Student, etc.

  • If applicable, copy of your waiver of 2 year foreign residence rule if you previously entered the US in J –1 status.

  • $131 U.S. non-refundable application fee. Check directly with the Consulate's web site for instructions on how to pay this fee as it varies by location.

  • Current ORIGINAL H-1B approval notice: I-797 (either I-797Aor I-797B) ( I-797C is not acceptable). You must submit the original full page.

  • Current employment verification letter indicating your title, description of your duties and yearly salary.

  • Recent pay statements evidencing your monthly earnings.

  • Attorney certified copy of the full H-1B (I-129) petition completed by employer and filed with the Immigration Service. This will be provided to you by the attorney's office upon your request.

  • Evidence of educational qualifications in original form. This includes any diplomas and transcripts listed in your H-1B petition. Consular officers in Canada and Mexcio may refuse to issue a visa to H-1B applicants if they are unable to provide original diplomas and transcripts or if the veracity of the original document presented is questioned

  • All documents must be presented in the English language. If English translation is required, the applicant must present a certified translation.

  • Any other documentation as required by the US Consular Official. You may check the web page or make contact directly at the number provided above.


H4: Spouse / Child of H-1B Worker

  • One DS-156 application form per applicant (Citizens of Cuba, North Korea, the Peoples Republic of China, Russia, and Vietnam, over the age of 16, must provide two application forms).

  • One DS-157 application form per male applicant. This is a mandatory form for all male applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply. Females from Iran, Iraq, Cuba, Sudan, Syria, Libya and North Korea, ages 16 or older, must also complete this application form.

  • Valid Passport (valid for at least 6 months past the intended stay in the U.S.)

  • Proof of legal status in Canada/Mexico: original or certified copy

  • Recent passport sized photograph. The photo must have been taken within the last 6 months, 2 x 2 inches, color on white/light background, showing full face, no head cover. (Citizens of Cuba, North Korea, the Peoples Republic of China, Russia, and Vietnam over the age of 16 must provide two photos for each applicant).

  • Older passports containing previous visas

  • Documents substantiating previous legal status in the U.S.

  • Non-refundable visa application fee.

  • Original H-4 approval notice and copy of the H-1B employee's petition documents as provided by the immigration attorney.

  • Proof of dependent's relationship to main applicant. This may include original marriage certificate and/or original birth certificates for minor children

  • All documents must be presented in the English language. If English translation is required, the applicant must present a certified translation.

  • Any other documentation as required by the US Consular Official. You may check the web page or make contact directly at the number provided above.

Contact Us

If you are considering applying for H-1B status please call Bernstein, Osberg-Braun & de Moraes for experienced legal assistance. We are available at (305) 895-0300. You may also email us at help@visaattorneys.com and one of your Immigration Attorneys will be happy to assist you.

 

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H-1B and H-4 Visa Stamping Requirements (English)

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