---
title: "Build an evidence index for an H-1B petition or a Form I-140"
url: "https://ailawframework.com/practice/immigration-and-migration-law/draft-an-employer-nomination-and-sponsored-visa-cover-pack/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A30-T1-R4-US"
practice_area: "Immigration & Migration Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build an evidence index for an H-1B petition or a Form I-140

> List each document in the file against the requirement it might meet, using only the H-1B page or the I-140 page, and mark gaps. Write no form answer, no cover letter and no conclusion that the worker qualifies.

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/draft-an-employer-nomination-and-sponsored-visa-cover-pack/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List each document in the file against the requirement it might meet, using only the H-1B page or the I-140 page, and mark gaps. Write no form answer, no cover letter and no conclusion that the worker qualifies. |
| What the lawyer must review | The USCIS H-1B page describes the specialty-occupation classification, the Department of Defense researcher classification and the fashion-model classification. Specialty-occupation and fashion-model petitions on that page require a certified Form ETA-9035 or ETA-9035E labor-condition application with Form I-129. The H-1B2 row on the same page says a labor-condition application is not required. The page also describes a $100,000 payment for certain petitions filed at or after 12:01 a.m. Eastern on 21 September 2025, and a 9-11 biometric fee rule effective 9 September 2026 for a covered employer. The I-140 page says a petition based on an approved labor certification must be received before the certification's 180-day validity period elapses, and that when Form I-140 and Form I-485 are filed together the supporting documents are not combined. You choose the classification and you complete the form. |
| Written for | United States |
| Applies to | [Draft an employer-nomination and sponsored-visa cover pack](https://ailawframework.com/practice/immigration-and-migration-law/draft-an-employer-nomination-and-sponsored-visa-cover-pack.md) |

## Checking plan

- What the AI does: List each document in the file against the requirement it might meet, using only the H-1B page or the I-140 page, and mark gaps. Write no form answer, no cover letter and no conclusion that the worker qualifies.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The $100,000 payment does not apply to every H-1B petition. Read the who-is-subject section of the H-1B page before treating a filing as one that must include pay.gov proof or an exception.
- A covered employer for the 9-11 biometric fee, on that page, employs 50 or more people in the United States and more than 50 percent of them are in H-1B, L-1A or L-1B status. The fee does not apply to an amended petition that does not seek to extend the current H-1B or L-1 status.

## Sources

- [USCIS, H-1B specialty occupations](https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations) (checked 2026-10-22)
- [USCIS, Form I-140, Immigrant Petition for Alien Workers](https://www.uscis.gov/i-140) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Employer nomination pack: labour market testing and Core Skills evidence](https://ailawframework.com/precedents/immigration-and-migration-law/nomination-labour-market-testing-checklist.md) | Checklist | Yellow | A checklist for a Skills in Demand (subclass 482) Core Skills nomination: the two advertisements, the exemptions on the Home Affairs page, and the evidence the Core Skills stream page asks for. |
| [Form I-129 petition for a nonimmigrant worker](https://ailawframework.com/precedents/immigration-and-migration-law/us-i-129.md) | Form | Red | Link to Form I-129, edition 9 September 2026. From 9 November 2026 only that edition is accepted.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*