Immigration laws and procedures are quite paper-bound. There are documents that provide evidence of identity and citizenship, documents that provide proof of a person’s U.S. immigration status, and documents that are needed in order to file an application for immigration benefits.
Immigration documents include:
- Valid foreign passports (must be valid for at least 6 months following the entry into the U.S.)
- Valid U.S. passports
- U.S. temporary visas (stamped into a passport or printed on a piece of paper)
- U.S permanent resident cards (also known as “green cards”)
- U.S. Social Security cards (required for employment in the U.S.)
- U.S. Arrival and Departure Records (“Form I-94”) (these report when a foreigner enters the U.S. and when they must leave)
- Re-entry permits (these allow certain aliens to leave and re-enter the U.S.)
What Documents Are Requested When Filing for an Immigration Benefit?
The immigration benefit most often requested is a visa. Visas give foreigners permission to enter and remain in the United States.
There are more than 40 different visas available. Some common ones are:
- B-1 visas for brief visits to the U.S. on a business trip
- E visas for traders and investors
- F visas for students
- H-1 visas for college-educated workers
- H-2 visas for seasonal temporary workers
- J visas for scholars, professors, and exchange visitors
- K visas for fiances of U.S. citizens
- O visas for athletes, artists, and others who have extraordinary skills in certain areas
- V visas for the spouses and children of green card holders
- Permanent residency visas (“green cards”)
- Application for U.S. citizenship
Each category of visa requires different paperwork to process. First, they all require completion of an application. This must be filled out as accurately as possible and submitted within any given deadlines. All visas require submission of an identification document, such as a passport or a birth certificate.
Other documents that are commonly requested include:
- Financial records such as bank account statements or tax records
- Employment records and pay stubs
- Family records, especially marriage and birth certificates
- Medical and health records
The sizable number of documents that are needed to apply for a visa is best illustrated by an example. First it makes sense to describe the requirements of the particular visa, so that the reason certain documents are required makes sense.
H-1B work visas are issued to college-educated skilled workers who have expertise in a career that requires a college degree. The H-1B visa is valid for three years, and can be extended for one more term of three years (i.e., six year maximum validity). It is the employer who submits the application, not the employee. The application will be filed on April 1 of any given year, and if it is approved, the employee may begin working on October 1.
Due to the fact that there are so many employers requesting H-1B visas each year, each application is entered into a national lottery. Only 85,000 visas are granted each year; 20,000 of these are reserved for master’s or higher level positions.
To prevent employers from hiring foreign workers when U.S. citizens and residents are available for the job, before they can file the visa application employers must conduct a hiring process to show that they need the particular foreigner they are sponsoring for admission. To do so, they must conduct a hiring campaign and then prepare and file a Labor Condition Application with the Department of Labor’s Foreign Labor Application Gateway (FLAG) System.
On the Labor Condition Application the employer will certify that they are paying the local standard wage for the job, that the working conditions are typical ones, that there is no strike, and that they have posted the job application in a public space so that current employees can apply for the job.
Understanding these requirements, the documents needed to apply for an H-1B visa are:
- Approved Labor Condition Application form
- Completed visa application form
- The employee’s license to practice the job, if that is required for the field
- Copies of all pages of the employee’s passport
- Letter of support for the visa petition, from the employer.
- A description of the job offer (wages, hours, etc.), and a description of the job
- The employee’s college graduation certificate or diploma
- The employee’s transcripts
- The employee’s resume
- If the employee is in the United States at the time of filing the application, a copy of the employee’s I-94 arrival/departure document
- If applicable, copies of any previous U.S. W-2 tax forms
- If applicable, copy of the employee’s U.S. driver’s license
- Evidence of the employee’s past work experience (letters of recommendation from past employers, prior job offers, etc.)
What if I’ve Failed to Submit an Immigration Document, or Made an Error?
Failing to submit an immigration document when it is requested can have some serious consequences. Omitting a document or submitting an erroneous one could cause the application to be delayed or even rejected.
The danger in making an error about an immigration document is that it may raise the suspicion that you’re attempting to falsify the document or that you’re trying to deceive immigration officials. For example, writing down an incorrect birth date or a false name may be construed by immigration officials as evidence of “fraudulent intent.”
Fraudulent intent in an immigration application is a serious offense and may result in various consequences such as denial of the application, removal from the country (deportation), criminal penalties, and/or prohibitions on future entry into the U.S. It is extremely important that each immigration application be completed carefully and thoroughly, and that each document submitted in support of the application be valid and truthful.
Problems with the following documents are treated by immigration officials as especially egregious: passports, visas, bank account statements, medical reports, prior residence history, and social security cards.
A quite common example of immigrant intent fraud is where a non-citizen applies for temporary non-immigrant status when their actual intent is to migrate to the United States to obtain permanent resident status and/or citizenship.
Immigrant intent fraud may occur in nearly every type of immigration application. Other examples of immigrant intent fraud include:
- Filing an application for permanent residency based on a fraudulent marriage (one entered into) for immigration purposes;
- Misleading statements or information provided that relates to employment arrangements for the alien;
- False information submitted in an application for citizenship (naturalization); and
- Fraudulent information regarding criminal histories or taxes
Should I Hire a Lawyer if I Need Help With an Immigration Document?
Submitting well-completed and comprehensive immigration documents is crucial to a person’s ability to enter or live in the United States. If you need help with immigration documents, you may wish to speak with an immigration lawyer.
It is especially important to avoid even the appearance of immigrant intent fraud or document fraud. While you may have had no intent to commit fraud, just the appearance of it will delay your ability to get the immigration benefit you desire in a timely manner.
Hiring an immigration attorney has many benefits, as your lawyer can help you fill out, review, and submit your documents to the appropriate agency. Also, in the event that you need legal representation, your lawyer can assist you during court hearings and proceedings.
