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Visa Extension H-1B

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H-1B VISA EXTENSION SERVICES AGREEMENT

This H-1B Visa Extension Services Agreement (the "Agreement") is made effective as of between:

RECITALS

WHEREAS, Employer requires professional immigration services to prepare, file and prosecute an extension of the H-1B nonimmigrant worker petition on behalf of an employee; and

WHEREAS, Service Provider is duly qualified and authorized to provide immigration filing and advisory services and has agreed to provide such services to Employer subject to the terms and conditions of this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to the H-1B extension services to be performed.

SCOPE OF WORK

Service Provider will provide immigration services necessary to prepare, file and prosecute an H-1B extension petition (Form I-129) for the employee identified by Employer, including preparation of supporting documentation, review of employer attestations, preparation of the filing package and liaison with the adjudicating authority on behalf of Employer, subject to the terms herein.

PAYMENT TERMS

Employer shall pay Service Provider for services performed under this Agreement in accordance with the following terms and schedule:

Employer is responsible for all government filing fees, premium processing costs, third-party fees, travel expenses and other out-of-pocket disbursements incurred in connection with the filing unless otherwise agreed in writing. Such expenses will be billed to Employer and are payable within the payment terms set forth above.

TERM AND TERMINATION

This Agreement commences on and continues until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon the delivery of written notice to the other party in accordance with the notice provisions below. Termination shall not relieve Employer of its obligation to pay for services performed and expenses incurred through the date of termination. If Service Provider has commenced work on a filing, Employer remains responsible for all fees and expenses related to that filing and for reasonable costs of winding down the matter.

CONFIDENTIALITY

Each party shall hold in confidence all non-public information of the other party obtained in connection with the performance of this Agreement and shall not disclose such information to third parties except as required to perform the services contemplated herein, as required by law, or with the prior written consent of the disclosing party. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, that the receiving party already knew, or was rightfully received from a third party without restriction.

COMPLIANCE WITH LAW; REPRESENTATIONS

Employer represents and warrants that it will provide truthful and complete information and required documentation, will comply with all applicable immigration and labor laws, and will not direct Service Provider to prepare filings that contain false statements. Service Provider will exercise reasonable professional care in providing services and will prepare filings in accordance with applicable rules and practice. Neither party warrants any particular outcome or adjudicatory decision.

NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses set forth above by hand delivery, nationally recognized overnight courier, or certified mail, return receipt requested, and shall be effective upon receipt.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to that State's conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts located in that State for any dispute arising out of or relating to this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment or modification to this Agreement shall be effective only if in writing and signed by both parties.

ADDITIONAL TERMS

If Service Provider is required to appear at an interview, hearing or deposition on Employer's behalf, additional fees and expenses for preparation and attendance will apply and will be charged separately. Any delay or failure by Employer to provide required documents or information may result in delay of filing and does not constitute a breach by Service Provider.

Employer Printed Name:

By:

Date:

Service Provider Printed Name:

By:

Date:

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What the Visa Extension H-1B Is and when it’s used

The Visa Extension H-1B refers to the employer-filed petition to extend an existing H-1B nonimmigrant worker’s period of authorized stay and employment in the United States. Employers typically file Form I-129 (Petition for a Nonimmigrant Worker) with supporting documentation to request continuation or extension of H-1B status beyond the current expiration date. Extensions can be routine renewals for the same employer and job or extensions based on change of employer, amended job terms, or statutory exceptions such as AC21 portability; approval is granted by USCIS and may require consular processing for travel or a new I-94 issuance at the port of entry.

Why preparing a complete Visa Extension H-1B petition matters

A complete, well-documented H-1B extension reduces risk of RFEs, denials, and gaps in work authorization; it supports continuity of employment and establishes a clear record for future immigration filings and portability under AC21.

Why preparing a complete Visa Extension H-1B petition matters

Who commonly prepares or signs a Visa Extension H-1B

Typical users include employers’ HR and immigration teams, designated signatories, immigration counsel, and the H-1B beneficiary who provides identity documentation.

  • Employers and HR teams who manage sponsorship and compliance for foreign national employees and collect supporting evidence.
  • Immigration attorneys who assemble legal arguments, prepare supporting briefs, and respond to USCIS requests for evidence.
  • H-1B beneficiaries who supply passport, I-94, prior approval notices, and academic credentials for verification.

Each party has distinct responsibilities: employers file and sign petition-related employer attestations; beneficiaries provide biometrics and identity evidence where required.

Representative profiles involved in an H-1B extension

Immigration Attorney

Senior associate at a law firm managing employer filings, drafting responses to USCIS RFEs, and advising on AC21 portability. Typically coordinates evidence gathering and submits the principal petition and any premium processing requests.

HR Manager

Corporate HR lead responsible for collecting job descriptions, worksite addresses, wage determinations, and payroll documentation. Ensures petition packet aligns with internal records and that the beneficiary meets credential requirements.

Required information fields on an H-1B extension petition

Beneficiary Name: Full legal name as on passport
Employer Name: Legal company name on wage records
Job Title: Exact position title offered
Worksite Address: Physical work location(s) with ZIP
Employment Dates: Proposed start and end dates
Passport/ID: Passport number and nationality

Step-by-step: completing an H-1B extension petition

Follow these high-level steps to assemble and submit an employer-filed H-1B extension via Form I-129 and supporting evidence.

  • 01
    Collect documents: Gather passport, prior I-797s, I-94, diplomas, and pay records
  • 02
    Prepare Form I-129: Complete employer and beneficiary sections and required supplements
  • 03
    Assemble support: Include job description, LCA, wages, and client letters if applicable
  • 04
    File with USCIS: Submit packet to the appropriate USCIS address or service center

Configuring an electronic H-1B petition workflow

Typical eSubmission setup includes defined roles, required fields, and signer authentication to maintain an audit trail.

Field Configuration
Signer Roles Employer rep | Attorney | Beneficiary
Authentication Email + SMS OTP or stronger KBA
Required Attachments Passport | I-94 | Diplomas | LCA
Audit Capture IP, timestamp, action log

Where to file and how the extension is routed

An H-1B extension petition is filed with USCIS; the destination depends on petition type and the employer’s service center allocation.

  • Prepare package: Assemble Form I-129, supplements, and all supporting evidence
  • Choose service center: Select the USCIS address appropriate for the beneficiary and petition type
  • Submit filing: Mail or use USCIS-designated courier instructions per the filing guidance
  • Receive receipt: USCIS issues a Form I-797 receipt notice with a case number

Digital signing and eSubmission considerations for H-1B packets

Use an eSignature workflow that captures signer identity, consent, and an auditable trail when collecting employer and attorney signatures.

  • Format support: PDF and DOCX for attachments
  • Authentication: Email + SMS OTP; optional KBA
  • Audit Trail: IP, timestamp, and signing certificate

Ensure the chosen platform supports secure storage, export of signed PDFs, and retrieval of an immutable audit record to include with the USCIS petition if requested.

Key parts of a professional H-1B extension packet

A thorough packet presents clear employer justification, beneficiary credentials, and evidence of wage and worksite compliance.

Form I-129

Completed petition form including required supplements and employer attestations detailing the job and beneficiary.

Labor Condition Application

Certified LCA from the Department of Labor showing wage level and worksite coverage.

Support Letter

Employer letter describing duties, minimum qualifications, and the necessity of a specialty occupation.

Education Evidence

Degree diplomas, transcripts, and credential evaluations when foreign degrees require equivalence.

Previous Approvals

Copies of prior I-797 approvals, pay stubs, and employment verification documentation.

Wage Records

Payroll records, W-2s, or invoices showing beneficiary compensation consistent with the LCA.

Supporting documents commonly required

Include verifiable records that corroborate job duties, education, and the employer–employee relationship.

Passport Copy

Clear biographical page image and any U.S. visa stamps.

I-94 Record

Most recent I-94 arrival/departure record showing current admission status.

Degree Documents

Diplomas, transcripts, and any credential evaluations for foreign education.

Pay Records

Recent pay stubs or payroll reports demonstrating ongoing employment.

Timing and processing expectations for an H-1B extension

Plan submissions carefully; USCIS adjudication and any required consular steps affect continuity of work authorization.

Filing Window:

File before current H-1B expiration to preserve continuity of status

Premium Processing:

Available for eligible I-129 petitions with an added fee for expedited review

USCIS Receipts:

Receipt notice provides case number and tracking information

RFE Timeframe:

USCIS issues RFEs with a response window specified on the notice

Consular Steps:

If travel occurs, beneficiary may need consular visa stamping before reentry

Key milestone timeline for an H-1B extension

Track these sequential milestones to manage status continuity and travel risk.

01

Prepare Petition

Gather LCA, support letter, and beneficiary documents before filing.

02

File with USCIS

Submit the Form I-129 package and pay applicable fees or premium processing.

03

Receipt Notice

USCIS issues an I-797 receipt that confirms acceptance and case number.

04

Adjudication or RFE

USCIS either approves, issues an RFE, or issues a denial; respond promptly to RFEs.

Common mistakes when preparing an H-1B extension

  • Inconsistent names or dates across passport, I-94, and petition documents which can trigger RFEs and delays.
  • Missing or insufficient employer support letters that fail to describe specialized duties and minimum educational requirements.
  • Omitting proper LCA coverage for all worksite locations, particularly when the beneficiary will telework or work at multiple sites.
  • Neglecting to confirm wage level placement on the LCA, which can raise compliance concerns and increase RFE likelihood.

Risks and consequences of an incorrect or late H-1B extension

Status Gap: Potential loss of authorized employment
RFE/Denial: Case may be delayed or denied by USCIS
Travel Risk: Risk of visa stamping denial at consulate
Back-pay Liability: Employer obligations for unpaid wages may arise
Compliance Exposure: Potential DOL or USCIS compliance audits
Future Filings: A denial can affect future immigration benefit approvals

Comparing eSignature options for collecting H-1B petition signatures

Common vendor features and starting prices for eSignature platforms used to collect employer, attorney, and beneficiary signatures.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Visa Extension H-1B filings

Answers to common questions about timing, RFEs, eSignature use, and document retention for H-1B extension petitions.


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