USCIS requires applicants to show evidence they are maintaining their visa status. Those currently in the US in a visa status that requires employment as a condition of their status must submit their most recent three months of payroll statements. Those outside the US or filing the H-1B petition as consular processing do not need to submit payroll documents.
Employees who are between employers should submit evidence of termination from the previous employer, as well as evidence of legal presence since that termination, such as a change of status.
Employees who have been on a recent leave of absence must submit a letter from their employer giving the dates of the authorized leave and the return to work date.
Employees who are currently in H-4 (or other dependent) status must submit the payroll history of their H-1B (or other principal classification) spouse (three months of pay statements), along with a copy of the H-1B approval notice for their spouse, I-94, passport biographical page, and their marriage certificate.
Employees who are currently in F-1 OPT may want to provide additional evidence of their maintenance of status. USCIS is now sometimes requiring evidence of continuous employment in a field relevant to their degree in order to approve the H-1B petition. This evidence can consist of the following:
- All pay statements from the start of the OPT until the present, rather than just 3 months of pay statements.
- Letter(s) from employer(s) during the period(s) of OPT verifying the period of employment, that it was full time, and that the job was in the relevant field of study.
- Any other evidence that confirms that the prospective beneficiary was employed full-time during the period of OPT and that the job was relevant to the field of study.
- F-1 STEM OPT employees should include their Form I-983.