U.S. Work Visa Preparation for Filipino Applicants: Do You Need an Attorney Letter and What Documents Matter?

Practical, no-nonsense guidance for applicants in the Philippines. This is general information—not legal advice. Immigration rules change, and individual cases vary. When in doubt, confirm with USCIS, the U.S. Embassy in Manila, and the Philippine Department of Migrant Workers (DMW).

TL;DR (Read This First)

You don’t need an “attorney letter” to get a U.S. work visa. There is no such visa requirement at the U.S. Embassy window.
What matters most: the approved petition or program document (e.g., I-797, DS-2019), a valid passport, a completed DS-160, fee/appointment confirmation, and category-specific evidence (employment letter, credentials, contracts).
Philippine-side requirements (DMW/POLO/MWO) are separate from the U.S. visa and are mandatory for departure (e.g., OEC, verified contract, required orientations).
Bring originals + clean copies, prepare clear, concise answers, and avoid fixers and unlicensed recruiters.

1) Pick the Right U.S. Visa Category (Common for Filipinos)

Nonimmigrant work/exchange categories (temporary):

H-1B (Specialty Occupation) – Bachelor’s (or equivalent) role, employer sponsorship, USCIS petition + Labor Condition Application (LCA). “Dual intent” (immigrate later is okay).
H-2A/H-2B (Seasonal Agricultural / Non-Agricultural) – Temporary or seasonal work, employer sponsorship, USCIS petition. Must overcome immigrant intent (show ties).
L-1 (Intracompany Transferee) – Transfer from PH entity to related U.S. entity (Manager/Executive L-1A; Specialized Knowledge L-1B). Petition required. Dual intent.
J-1 (Exchange Visitor, incl. Intern/Trainee, Research Scholar, Au Pair, etc.) – Program sponsor issues DS-2019 (often no USCIS petition). Some categories may trigger a 2-year home residency rule.
O-1 (Extraordinary Ability) – Employer/agent sponsorship, substantial evidence of acclaim, petition required. Dual intent is tolerated in practice.

Immigrant (permanent) employment categories (green card via employer):

EB-2, EB-3 – Typically: PERM labor certification → I-140 petition → consular immigrant visa at USEM Manila. (Some self-petition options exist, e.g., EB-2 NIW, but still a complex, multi-step immigrant path.)

Not work visas but seen in practice: C-1/D (crew) for seafarers/air crew; F-1 (student) with on-campus/CPT/OPT work authorization later. These follow different rules.

2) “Attorney Letter”: Do You Need One?

Short answer: No.

There is no Embassy requirement for any “attorney letter,” “cover letter from a lawyer,” or “lawyer endorsement” to issue a visa.
A G-28 (notice of attorney representation) is for USCIS filings, not for your consular interview. You don’t need to present a G-28 at the window.
What can help is an employer letter confirming your job, start date, salary, worksite, and that the petition remains valid. That’s not an “attorney letter”—it’s an employment verification/support letter from the employer.

When hiring a lawyer makes sense (optional): complex history (prior overstays/denials), unusual job structures (third-party placement/end-client issues), J-1 two-year rule questions, status violations, criminal/immigration complications, or immigrant visa strategy. Otherwise, many cases are filed by employers or agencies without personal counsel.

3) What Documents Actually Matter (By Stage)

A. USCIS Petition/Program Stage (mostly your U.S. employer/sponsor’s job)

H-1B/H-2A/H-2B/L-1/O-1: USCIS I-129 petition + required attachments (e.g., LCA for H-1B; corporate relationships for L-1; evidence of ability/seasonality for H-2; O-1 criteria).
J-1: Sponsor issues DS-2019; you pay SEVIS fee; some categories involve additional sponsor paperwork.
EB Immigrant visas: PERM → I-140 → National Visa Center (NVC) stage.

As the beneficiary, keep copies of what was filed whenever possible (I-129, LCA, support letters, exhibits). These copies often help at the interview.

B. Consular Interview at U.S. Embassy Manila (USEM): Must-Haves

Passport (valid well beyond intended stay).
DS-160 confirmation page (for NIV) / DS-260 (for IV).
Visa fee receipt (MRV) and appointment confirmation.
Photo (2x2, recent, if not captured at VAC).
Petition/program proof:
- I-797 approval notice for petition-based NIVs (H/L/O).
- DS-2019 + SEVIS fee receipt for J-1.
- NVC documents for immigrant cases (per CEAC/NVC instructions).
Category-specific supporting evidence (see next section).

Nice-to-Have (often useful):

Employer letter confirming your role, salary, start date, location(s), and that the petition is active.
Job offer/contract, end-client letter if placed at a third-party site (H-1B), project descriptions.
Education/credentials: diploma, transcript, credential evaluation (H-1B).
Resume/CV, experience letters, licenses/certifications.
For H-2: recruitment materials, contract/job order copies, proof you’ll return to PH (ties).
For L-1: proof of qualifying relationship, org charts, employment history/pay slips.
For O-1: exhibits proving achievements, peer letters, media, awards.
Dependents (H-4/L-2/J-2): PSA marriage cert, PSA birth cert(s), proof principal maintains status.

Police/NBI clearance:

Usually not required for nonimmigrant work visas at the Embassy.
Often required for immigrant visas and Philippine departure processing (DMW). If you already have one, you can bring it, but it’s not typically requested for H/L/J/O interviews.

Medical exam:

Required for immigrant visas (and K visas).
Not required for most nonimmigrant work visas (H/L/J/O).

4) Category-by-Category: What To Bring (Quick Guides)

H-1B (Specialty Occupation)

Core: Passport, DS-160, MRV/appointment, I-797, I-129 copy, LCA, employer letter, job offer/contract. Evidence: Degree + transcript (+ evaluation if foreign), licenses, resume, experience letters, end-client letter/work order if third-party placement. Notes: “Dual intent” means immigrant intent isn’t fatal. Still answer questions clearly about role, pay, and where you’ll physically work.

H-2A / H-2B (Seasonal)

Core: Passport, DS-160, MRV/appointment, I-797 (petition approval), job order/contract, employer letter. Evidence: Proof of ties to PH (family, property, job history), prior compliance (if returning worker). Notes: Beware illegal recruiters; visas are for seasonal/temporary roles only.

L-1 (Intracompany Transfer)

Core: Passport, DS-160, MRV/appointment, I-797, employer letter. Evidence: Organizational charts, proof of qualifying relationship, PH employment history, pay slips, job descriptions (PH and U.S.), managerial/executive duties (L-1A) or specialized knowledge (L-1B). Notes: “Dual intent.” Clarity on where you’ll work (onsite/remote/hybrid) matters.

J-1 (Exchange Visitor)

Core: Passport, DS-160, MRV/appointment, DS-2019, SEVIS fee receipt. Evidence: Program funding/allowance, degree/transcripts for Intern/Trainee criteria, sponsor materials, housing plan if applicable. Notes: Ask whether the two-year home residency rule might apply to your program/funding.

O-1 (Extraordinary Ability)

Core: Passport, DS-160, MRV/appointment, I-797, agent/employer letter. Evidence: Awards, publications, media, judging, critical roles, compensation at a high level, expert letters (well-drafted), contracts/itineraries. Notes: Organization and credibility of exhibits are crucial.

Employment-Based Immigrant (EB-2/EB-3)

Core: DS-260/NVC package, civil docs (PSA birth/marriage certs), police certificates, medical exam, employer and I-140 evidence as instructed. Notes: This is a permanent route; consult carefully on timing, job validity, and priority dates.

5) The Philippine-Side: DMW / MWO (POLO) / OEC / Orientations

Even after your U.S. visa is issued, you cannot depart as a worker without DMW clearance.

Use licensed Philippine recruitment agencies for land-based jobs when required. The Philippines restricts direct hire except in specific exemptions.
Contract verification through the relevant MWO/POLO (now under DMW) is often necessary.
OEC (Overseas Employment Certificate) is typically required at the airport for OFWs.
Required orientations (e.g., PEOS/PDOS or equivalent) and OWWA membership/insurance may apply.
Keep copies of your approved/verified contract, visa, passport bio page, and agency contact information.

CFO registration is generally for emigrants (permanent residents, spouses/fiancés of foreign nationals), not for most temporary workers.

6) Interview Strategy (USEM Manila)

Answer first, prove second. Short, factual answers. Offer documents only when asked.
Know your role: title, duties, salary, worksite(s), start date, supervisor’s name.
Be consistent across DS-160, petition, employer letter, and your answers.
No sealed envelopes opened (follow instructions precisely).
Respect security rules (electronics, bags).
Red flags to avoid: coached scripts, inconsistent end-client info, fake credentials, unverifiable agencies or employers.

221(g) Administrative Processing If issued a 221(g), it’s not a denial; it means the officer needs more checks or documents. Read the slip carefully and submit exactly what’s requested.

7) Dependents (H-4, L-2, J-2)

Documents: PSA marriage/birth certificates, passport, DS-160s, appointment/fees; copy of principal’s approval/visa.
Work authorization (after entry):
- H-4: generally needs an EAD and is limited (typically when H-1B spouse has an approved I-140).
- L-2 spouses: may work incident to status (U.S. side processes/notations apply).
- J-2: may apply for EAD after entry.

8) Fees and Who Pays (High-Level)

H-1B: Certain government filing fees are the employer’s legal obligation (cannot be shifted to you).
Recruitment fees: Philippine law limits or bans certain charges to workers. If asked to shoulder unlawful fees, that’s a red flag.
Consular MRV fee: typically paid by the applicant or as arranged by the employer/agency.

9) Common Pitfalls & How to Avoid Them

Unlicensed recruiters/fixers: Verify the Philippine agency’s license.
“Attorney letters” for sale: These have no value at the visa window.
Third-party placement without end-client letter (H-1B): Be ready to show bona fide job placement.
Misrepresentation: Any falsehood (even small) can trigger refusals and long-term bars.
Status misunderstandings: J-1 two-year rule, H-1B cap timing, L-1 qualifying relationship gaps.
Expired or mismatched details: Worksite/address changes not reflected in filings can cause delays.

10) Quick “What to Pack” Matrix

Visa	Petition/Program Proof	Embassy Must-Haves	Strongly Recommended	PH-Side (Departure)
H-1B	I-797, I-129, LCA	Passport, DS-160, MRV, appt	Employer letter, job offer, degree+transcript/eval, end-client letter (if any)	DMW processing, verified contract if applicable, OEC
H-2A/B	I-797, job order	Passport, DS-160, MRV, appt	Contract, proof of PH ties	DMW, verified contract, OEC
L-1	I-797	Passport, DS-160, MRV, appt	Org charts, proof of qualifying relationship, pay slips	DMW (if processed via PH agency), OEC
J-1	DS-2019, SEVIS receipt	Passport, DS-160, MRV, appt	Sponsor letters, funding proof, housing plan	Check DMW applicability for trainees/interns, OEC if treated as OFW
O-1	I-797	Passport, DS-160, MRV, appt	Evidence of acclaim, expert letters, itinerary	DMW if deployed via PH agency, OEC
EB-2/EB-3	NVC/CEAC package	DS-260, medical, police, civil docs	Employer support, financial ability evidence	CFO (emigrant), PH exit formalities per immigrant rules

11) Employer Letter (What It Should Say)

Not required, but helpful. Ask HR to put this on letterhead and sign:

Your full name and position title.
Job description, salary, and start date (or “upon visa issuance”).
Worksite address(es) and whether you’ll be at an end-client—include that client’s name/site if applicable.
Statement that the USCIS-approved petition remains valid and the job awaits you.
HR contact for verification (phone/email).

12) Timeline at a Glance

Confirm category with your employer/sponsor.
Petition or program issuance (I-129 → I-797, or DS-2019 for J-1; for immigrants, NVC case creation).
Complete DS-160/DS-260, pay fees, book interview.
Assemble documents (core + category-specific + dependents).
Interview at USEM Manila (and VAC/biometrics as instructed).
If approved: wait for visa/passport release.
Process DMW/POLO/MWO (contract verification, OEC, orientations) for departure.
Fly with all required exit documents.

13) FAQs

Do I need a job offer? Yes for H-1B/H-2/L-1/O-1. J-1 needs a sponsor/program. EB employment routes need a bona fide employer (except NIW).

Can my U.S. lawyer attend the interview? No. Consular interviews are not conducted with attorneys present at the window.

Do I need to prove strong ties for H-1B/L-1? These are “dual-intent” categories, so strong ties are not required like in B-1/B-2—but officers still assess credibility and eligibility.

Is a medical exam needed for H-1B/L-1/J-1/O-1? No. Medical exams are for immigrant and K visas (and per U.S. public health rules where applicable).

What if my petition details changed (salary, worksite)? Tell your employer/attorney before the interview. Material changes often require an amended filing.

What if I’m asked for additional documents (221(g))? Follow the instruction sheet precisely. Submit only what’s requested.

14) Final Pre-Departure Checklist (Philippines)

U.S. visa stamped in passport.
OEC secured; contract verified where required.
Required orientations completed (per DMW/OWWA guidance).
Copies (paper + digital) of all documents.
Emergency contacts: employer HR, PH agency, nearest MWO/POLO in the U.S.

If you want, tell me your visa category and whether you’re going via an agency or direct hire, and I’ll generate a one-page, personalized checklist you can print and bring to your interview and DMW processing.