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H-1B Facts for Foreign Physicians Part 3: Additional Documents Required With a Petition

Posted by Ann Badmus | Sep 17, 2012 | 0 Comments

The following are additional documents that must be included with an H-1B petition:

Labor Condition Application (LCA)

A certified Department of Labor (DOL) LCA (Form ETA 9035) must be submitted at the time anH-1B petition is filed. A copy of the LCA is acceptable.

Note: USCIS encourages petitioners to keep DOL LCA processing times in mind when preparing the H-1B petition and plan accordingly. If the LCA certified by DOL is for multiple positions, the name and USCIS case receipt number of any alien who has previously utilized the LCA must be provided.

Petitioners should ensure that they have signed the LCA prior to the LCA being submitted with the petition to USCIS.

Evidence of Foreign Physician's Educational Background

Evidence of the foreign physician's educational degree at the time of filing must be provided. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted:

  • A copy of the physician's final transcript; or
  • A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).

If the petitioner is indicating that the physician is qualified based on a combination of education and experience, substantiating evidence must be provided at time of filing.

A Duplicate Copy of the H-1B Petition

A duplicate copy of the H-1B petition must be submitted at the time of filing if the physician will be seeking nonimmigrant visa issuance abroad. USCIS will not make a second copy if one is not provided.

The petitioner may also choose to submit a duplicate copy of the petition, even if the physician is requesting a change of status to H-1B or an extension of stay, in case they later decide to seek visa issuance abroad or the H-1B petition is approved but the their concurrent change of status or extension of stay request is denied.

Multiple or Duplicative Filings

On March 19, 2008, USCIS announced an interim final rule on H-1B visas to prohibit employers from filing multiple or duplicative H-1B visas for the same employee. To ensure fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions.

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Ann Badmus

Principal and Managing Attorney


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