Petition for Nonimmigrant Worker

Department of Homeland Security
U.S. Citizenship and Immigration Services

OMB No. 1615-0009; Expires 05/31/08

Instructions for Completing

Form I-129

Form I-129 Instructions (Rev. 04/01/06)Y

OMB No. 1615-0009; Expires 05/31/08

Form I-129, Petition for
a Nonimmigrant Worker

Department of Homeland Security
U.S. Citizenship and Immigration Services

H

NOTE: You may file Form I-129 electronically. Go to our internet website at
- www.uscis.gov and follow the detailed instructions on e-filing.

3
i
Instructions
f need more space to complete an answer, use a separate sheet
Please read these instructions carefully to properly complete this form. If you
(s) of paper. Write your name and Alien Registration Number (A #), if any,t at the top of each sheet and indicate the number of the item to
which the answer refers. NOTE: The U.S. Citizenship and Immigration Services
(USCIS) is comprised of offices of the former
h
Immigration and Naturalization Service (INS).
e

Purpose of This Form.
This form is used by an employer to petition the U.S.
Citizenship and Immigration Services (USCIS) for an alien to
come as a nonimmigrant to the United States temporarily to
perform services or labor, or to receive training, as an:
H-1B, specialty occupations; an alien coming to perform
services of an exceptional nature relating to a project
administered by the U.S. Department of Defense; a
fashion model who has national and international acclaim;
an alien coming in accordance with a trade agreement with
Chile or Singapore.
H-2A, agricultural worker.
H-2B, temporary nonagricultural worker.
H-3, trainee.
L-1, intracompany transferee.
O-1, alien of extraordinary ability in arts, science,
education, business or athletics.
O-2, accompanying alien who is coming to the United
States to assist in the artistic or athletic performance of an
O-1 artist or athlete.
P-1, internationally recognized athlete/entertainment
group.
P-1S, essential support personnel for a P-1.
P-2, artist or entertainer in reciprocal exchange program.
P-2S, essential support personnel for a P-2.
P-3, artist/entertainer coming to the United States to
perform, teach or coach under a program that is culturally
unique.
P-3S, essential support personnel for a P-3.
Q-1, alien coming temporarily to participate in an
international cultural exchange program.
This form is used also by an employer to request an extension
of stay or change of status for the following nonimmigrants:
E-1, treaty trader.
E-2, treaty investor.
Free Trade Nonimmigrants, H-1B1s and TNs.
R-1, religious worker.

y
NOTE: A petition is not required to apply for an E-1, E-2 or
w
R-1 nonimmigrant visa or admission as a TN nonimmigrant
i
from Canada or Mexico. A petition is also not required for an
l
H-1B1 Free Trade Nonimmigrant from Chile or Singapore.
l
These persons may apply directly to a U.S. consulate or
r
embassy abroad.
e
cA petition is required only to apply for a change or extension
eof stay in such status.
iNOTE: The Form I-129 consists of a basic petition,
vindividual supplements relating to specific classifications, and
efor H-1B petitions, the H-1B Data Collection and Filing Fee
tExemption Supplement with its particular instructions
h(formerly issued separately as Form I-129W).
eThe following Table of Contents will help you locate
sinformation on the form and each supplement:
a
mTable of Contents.
Page
e
tI. Instructions for Form I-129
r
General Information
1-2
a
1. Petition always required
2
i
3-6
H Classifications
n
H-1B Data Collection
3-5
i
n
L Classification
6-7
g
O and P Classifications
7-9
;
Q-1 Classification
9-10
P
2. Petition only required for an alien in the
2
United States to change status or extend stay
10
i
10-11
E Classification
f
t
11
R-1 Classification
h
Change of Status/Extension of Stay
e
(Includes Free Trade Nonimmigrants
y
11-12
such as TN and H-1B1s)
a
General Evidence
13
r
e
When and Where to File
13-14
m
Fee
14
e
Processing Information, Penalties, Privacy
m
Act Notice, Information and Forms, InfoPass
b
14-15
and Paperwork Reduction Act
e
r
s
o
Form I-129 Instructions (Rev. 04/02/07Y Page 1
f
t
h

II. Petition for a Nonimmigrant Worker
(Form I-129 )

1-4

E Classification Supplement

5

Nonimmigrant Classification Based on
a Free Trade Agreement Supplement

6

H Classification Supplement

7-9

H-1B Data Collection and Filing Fee
Exemption Supplement

10-11

L Classification Supplement

12-13

O and P Classifications Supplement

14

Q-1 and R-1 Classifications Supplement

15

Attachment - 1 (Used when more than
one person is included on form.)

16-17

Who May File.
General. A U.S. employer may file this form and applicable
supplements to classify an alien in any nonimmigrant
classification listed in Part 1 and Part 2 of these instructions.
A foreign employer may file for certain classifications as
indicated in the specific instructions.
Agents. A U.S. individual or company in business as an
agent may file for types of workers who are traditionally selfemployed or who traditionally use an agent to arrange shortterm employment with numerous employers. A petition filed
by an agent must include a complete itinerary of services or
engagements, including dates, names and addresses of the
actual employers, and the locations where the services will be
performed. A petition filed by a United States agent must
guarantee the wages and other terms and conditions of
employment by contractual agreement with the beneficiary or
beneficiaries of the petition. The agent/employer must also
provide an itinerary of definite employment and information
on any other services planned for the period of time requested.
Including more than one alien in a petition. Multiple
aliens who will seek admission in H-2A, H-2B, H-3, P-1, P-2,
P-3, O-2 or Q-1 classification may be included on the same
petition provided:
They will all be employed for the same period of time;
They will all perform the same services, receive the same
training or participate in the same international cultural
exchange program; and
If the petition is for aliens seeking H-2A classification,
they will apply for a visa at the same consulate or, if visa
exempt, will apply for admission at the same port-of-entry.
NOTE: If the employer includes more than one alien on the
petition (other than those seeking H-2A classification) and
needs to request USCIS to notify more than one consulate or
embassy concerning the processing, the employer should file a
Form I-824, Application for Action on an Approved
Application or Petition, with appropriate fee, for each
embassy or consulate that must be notified.

Multiple locations. A petition for alien(s) to perform
services or labor or receive training in more than one location
must include an itinerary with the dates and locations where
the services or training will take place.
Unnamed aliens. All aliens in a petition for an extension of
stay or change of status must be named in the petition. All
aliens included in any other petition must be named, except:
An H-2A petition for more than one worker may include
unnamed aliens if they are unnamed on the labor
certification;
An H-2B petition for more than one worker may include
unnamed aliens in emergent situations where it is
established on the petition that the names cannot be
provided due to circumstances that cannot be anticipated
or controlled.
Where some or all of the aliens are not named, specify the
total number of unnamed aliens and total number of aliens in
the petition. Where the aliens must be named, petitions
naming subsequent beneficiaries may be filed later with a
copy of the same labor certification. Each petition must
reference all previously filed petitions using that certification.

General Filing Instructions.
Complete the basic form and any relating supplement. Please
answer all questions by typing or clearly printing in black ink.
Indicate that an item is not applicable with "N/A."
If you need extra space to answer any item, attach a sheet(s) of
paper with your name and your Alien Registration Number
(A#), if any, and indicate the number of the item to which the
answer refers. You must file your petition with the required
initial evidence. The petition must be properly signed and
filed with the proper fee.
NOTE: Submit the petition and all supporting
documentation in duplicate if you checked block "a" in
Question 5 of Part 2 of the form.

Classification - Initial Evidence.
These instructions are divided into two parts.
The first part includes classifications requiring a petition
for an initial visa or entry and any extension of stay or
change of status.
The second part includes classifications requiring only a
petition for a extension of stay or change of status.

1. Petition always required.
The following classifications always require a petition.
A petition for new or concurrent employment or for an
extension where there is a change in previously approved
employment must be filed with the initial evidence listed
below, and with the initial evidence required by the separate
instructions for a change of status or extension of stay.
Form I-129 Instructions (Rev. 04/02/07)Y Page 2

However, a petition for an extension based on unchanged,
previously approved employment should only be filed with the
initial evidence required in the separate extension of stay
instructions.

A statement listing the names of all aliens who are not
permanent residents, and who are or have been employed
on the project within the past year, along with their dates
of employment; and

H-1B.

Evidence that the beneficiary holds a baccalaureate or
higher degree in the field of employment.

An H-1B is an alien coming temporarily to perform
services in a specialty occupation.
Write H-1B1 in the classification requested block.
A specialty occupation is one that requires the theoretical and
practical application of a body of highly specialized
knowledge to fully perform the occupation and requires the
attainment of a bachelor's or higher degree in a specific
specialty, or its equivalent, as a minimum for entry into the
occupation in the United States.
The petition must be filed by the U.S. employer and must be
filed with:
Evidence that a labor condition application has been filed
with the U.S. Department of Labor;
Evidence showing that the proposed employment qualifies
as a specialty occupation;
Evidence showing that the alien has the required degree by
submitting either:
--

A copy of the person's U.S. baccalaureate or higher
degree as required by the specialty occupation;

--

A copy of a foreign degree and evidence that it is
equivalent to the U.S. degree; or

--

Evidence of education and experience that is
equivalent to the required U.S. degree.

A copy of any required license or other official permission
to practice the occupation in the state of intended
employment; and
A copy of any written contract between you and the alien
or a summary of the terms of the oral agreement under
which the alien will be employed.
An H-1B is also an alien coming to perform services of an
exceptional nature relating to a cooperative research and
development project administered by the U.S. Department
of Defense (DOD).
Write H-1B2 in the classification requested block.
A U.S. employer may file the petition. The petition must be
filed with:
A description of the proposed employment;
Evidence that the services and project meet the above
conditions;

An H-1B is also a fashion model, who has national or
international acclaim and recognition, coming to be
employed in a position requiring such a level of acclaim
and recognition.
Write H-1B3 in the classification requested block.
A U.S. employer or agent or foreign employer may file the
petition.
On October 21, 1998, Congress enacted the American
Competitiveness and Workforce Improvement Act
("ACWIA"), Public Law 105-277, that modified the H-1B
nonimmigrant program. On December 8, 2004, Congress
enacted the H-1B Visa Reform Act of 2004.
Because of these two Acts, an H-1B or H-1B1 Free Trade
Nonimmigrant petitioner must complete the H-1B supplement
form which is part of this petition. The supplement is used to
collect additional information about the H-1B nonimmigrant
worker and the H-1B petitioner (U.S. employer). It will also be
used to determine whether the H-1B or H-1B1 Free Trade
Nonimmigrant petitioner is exempt from the additional
ACWIA filing fee and, if not exempt, the appropriate fee. (The
supplement was formerly issued separately as Form I-129W).
The H-1B Visa Reform Act of 2004 also imposed an additional
fee of $500.00 for certain H or L petitions. On or after March
8, 2005, a U.S. employer seeking initial approval of H-1B or L
nonimmigrant status for a beneficiary, or seeking approval to
employ an H-1B or L nonimmigrant currently working for
another U.S. employer, must submit this additional $500.00
fee. There are no exemptions from this fee. This form will
serve as the vehicle for collection of the $500.00 fee.

H-1B and H-1B1 Data Collection
and Filing Fee Exemption.
Who is required to file? A U.S. employer seeking to classify
an alien as an H-1B or H-1B1 Free Trade Nonimmigrant
nonimmigrant worker must file this supplement concurrently
with Form I-129 and the appropriate fee. (See "Fee" for
additional information regarding the appropriate fee.)
Completing Part A of the Supplement Form.
All U.S. employers seeking to classify an alien as an H-1B or
H-1B1 Free Trade Nonimmigrant nonimmigrant worker must
complete Part A of the supplement form. An employer must
answer all of the questions in the "Employer Information"
Section.
Form I-129 Instructions (Rev. 04/02/07)Y Page 3

H-1B Dependent employer. An "H-1B dependent
employer" means an employer that:
-- Has 25 or fewer full-time equivalent employees who
are employed in the United States and employs more
than seven H-1B nonimmigrants;
-- Has at least 26 but not more than 50 full-time equivalent
employees who are employed in the United States and
employs more than 12 H-1B nonimmigrants; or
-- Has at least 51 full-time equivalent employees who are
employed in the United States and employs H-1B
nonimmigrant in a number that is equal to at least 15
percent of the number of such full-time equivalent
employees.

Willful Violators. A willful violator is an employer
whom the Secretary of Labor has found, after notice and
opportunity for a hearing, to have willfully failed to meet a
condition of the labor condition application described in
section 212(n) of the Immigration and Nationality Act.

Exempt H-1B nonimmigrant. An "exempt H-1B
nonimmigrant" means an H-1B who:
-- Receives wages (including cash bonuses and similar
compensation) at an annual rate equal to at least
$60,000; or
-- Has attained a master's degree or higher (or its
equivalent) in a specialty related to the intended
employment.

Highest education level. Place an "X" in the
appropriate box of Part A, Number 3 ("a" through "i") of
the supplement form that is most closely related to the
highest formal education level attained by the beneficiary.
DO NOT consider work experience in determining the
beneficiary's equivalency.
Major/Primary field of study. Use the beneficiary's
degree transcripts to determine the primary field of study.
Once the beneficiary's major is determined, fill in the
boxes with one character per box. Thirty (30) characters
maximum. Do not consider work experience to determine
the beneficiary's major education level.
Master's or higher degree from a U.S. institution
of higher education. Indicate whether or not the
beneficiary has earned a master's or higher degree from a
U.S. institution of higher education, as defined in 20 U.S.
C. section 1001(a).

Rate of pay per year. The ''rate of pay'' is the salary or
wages paid to the beneficiary. Salary or wages must be
expressed in an annual full-time amount and do not
include non-cash compensation or benefits. For example,
an H-1B worker is to be paid $6,500 per month for a fourmonth period including a health benefits package and
transportation. The yearly rate of pay if he or she were

working for a full year would be 12 times the monthly rate
or $78,000. This amount does not include health benefits
or transportation costs. The figure $78,000 should be
entered on this form as the rate of pay.

LCA Code. The LCA Code is a three-digit occupational
group for professional, technical, and managerial
occupations and fashion models that can be obtained from
Appendix 2 of the Dictionary of Occupational Titles
printed on Department of Labor ETA Form 9035, Labor
Condition Application for H-1B Nonimmigrant.

NAICS Code. The North American Industry
Classification System (NAICS) code can be obtained from
the Department of Commerce, U.S. Census Bureau (www.
census.gov/epcd/www/naics.htm). Enter the code from
left to right, one digit in each of the six boxes. If you use a
code with less than six digits, enter the code left to right
and then add zeros in the remaining unoccupied boxes.
For example the code sequences 33466 would be entered as:

3

3

4

6

6

0

The code sequences 5133 would be entered as:

5

1

3

3

0

0

Completing Part B of the Supplemental Form.
A U.S. employer seeking an exemption from the $1,500.00 or
$750.00 filing fee must complete Part B. A U.S. employer is
exempt from payment of the additional $1,500.00 or $750.00
filing fee if:
The employer is an institution of higher education as
defined in the Higher Education Act of 1965, section 101
(a), 20 U.S.C. section 1001 (a); or
The employer is a nonprofit organization or entity
related to, or affiliated with an institution of higher
education. Institutions of higher education are defined
in the Higher Education Act of 1965, section 101(a), 20
U.S.C., section 1001(a). Such a nonprofit organization
or entity includes but is not limited to hospitals and
medical research institutions. "Related to" or "affiliated
with" means the entity is:
(a) Connected or associated with the institution of
higher education through shared ownership or
control by a board or federation operated by the
institution of higher education, or
(b) Attached to the institution of higher education as a
member, branch, cooperative or subsidiary.
"Nonprofit organization or entity" means the
organization or entity is (a) defined as a tax exempt
organization under the Internal Revenue Code of 1986,
section 501(c)(3), (c)(4), or (c)(6), and (b) has been
approved as a tax exempt organization for research or
educational purposes by the Internal Revenue Service;
or
Form I-129 Instructions (Rev. 04/02/07)Y Page 4

The employer is a nonprofit research organization or
governmental research organization that is primarily
engaged in basic research and/or applied research.
"Nonprofit organization or entity" means the organization
or entity is:
(a) Defined as a tax exempt organization under the Internal
Revenue Code of 1986, section 501(c)(3), (c)(4), or (c)
(6); 26 U.S.C. 501(c)(3), (c)(4), or (c)(6), and
(b) Has been approved as a tax exempt organization for
research or educational purposes by the
Internal Revenue Service.
A government research organization is a U.S. Federal
government entity whose primary mission is the
performance or promotion of basic research and/or applied
research; or
This petition is the second or subsequent request for an
extension of stay filed by the employer regardless of when
the first extension of stay was filed or whether the
$1,500.00 or $750.00 filing fee was paid on the initial
petition or the first extension of stay; or
This petition is an amended petition that does not contain
any requests for extension of stay filed by the employer; or
This petition is to correct a USCIS error; or
The employer is a primary or secondary education
institute; or
The employer is a nonprofit entity which engages in an
established curriculum-related clinical training or students
register at the institution.

What evidence is required under Part B?
U.S. employers claiming exemption from payment of the
$1,500.00 or $750.00 filing fee on the basis of status as (a) a
nonprofit organization or entity related to, or affiliated with an
institution of higher education, or (b) as a nonprofit research
organization must submit evidence of tax exempt status under
the Internal Revenue Code of 1986, section 501(c)(3), (4), or
(6), 26 U.S.C. 501(c)(3), (c)(4), or (c)(6); or
All other U.S. employers claiming exemption from payment of
the $1,500.00 or $750.00 filing fee must submit a statement
describing why the organization or entity is exempt.

Completing Part C of the Supplemental Form.
All U.S. employers must complete Part C even if they are not
claiming the fee exemption in Part B.

Write H-2A in the classification block on the petition.
The petition must be filed by a U.S. employer or an
association of U.S. agricultural producers named as a joint
employer on the certification. The petition must be submitted
with:
A single valid temporary agricultural labor certification or,
if U.S. workers do not appear at the work-site, a copy of
the U.S. Department of Labor's denial of a certification
and appeal, and evidence showing that qualified domestic
labor is unavailable; and
Copies of evidence showing that each named alien met the
minimum job requirements stated in the certification at
time the application was filed.

H-2B.
An H-2B is an alien coming temporarily to engage in nonagricultural employment that is seasonal, intermittent, to
meet a peak load need, or a one-time occurrence.
Write H-2B in the classification block on the petition.
The petition must be filed by a U.S. employer with either:
A temporary labor certification from the U.S. Department
of Labor, or the Governor of Guam if the proposed
employment is solely in Guam, stating that qualified U.S.
workers are not available and that employment of the alien
will not adversely affect the wages and working conditions
of similarly employed U.S. workers; or
A notice from such authority that the temporary labor
certification cannot be made, along with evidence of the
unavailability of U.S. workers and of the prevailing wage
rate for the occupation in the United States, and evidence
overcoming each reason why the certification was not
granted; and
Copies of evidence, such as employment letters and
training certificates, showing that each named alien met
the minimum job requirements stated in the certification at
the time the application was filed.
NOTE: Employers filing H-2B petitions for employment to
commence on or after October 1, 2005 must submit an
additional fee of $150.00. The Save Our Small and Seasonal
Businesses Act of 2005 authorized this $150.00 Fraud
Prevention and Detection Fee.
NOTE: For additional information see the U.S. Department
of Labor Internet website at www.ows.doleta.gov/foreign.

H-3. (Two types)
H-2A.
An H-2A is an alien coming temporarily to engage in
temporary or seasonal agricultural employment.

An H-3 is an alien coming temporarily to participate in a
special education training program in the education of
children with physical, mental or emotional disabilities.
Form I-129 Instructions (Rev. 04/02/07)Y Page 5

Write H-3 in the classification block on the petition.
Custodial care of the children must be incidental to the training
program. The petition must be filed by the U.S. employer with:
A description of the training, staff and facilities, evidence
that the program meets the above conditions, and details of
the alien's participation in the program; and
Evidence showing that the alien is nearing completion of a
baccalaureate degree in special education, or already holds
such a degree or has extensive prior training and
experience in teaching children with physical, mental or
emotional disabilities.
An H-3 is also an alien coming temporarily to receive
training from an employer in any field other than graduate
education or training.
Write H-3 in the classification block on the petition.
The petition must be filed by the U.S. employer with:
A detailed description of the structured training program,
including the number of classroom hours per week and the
number of hours of on-the-job training per week;
A summary of the prior training and experience of each
alien in the petition; and
An explanation stating why the training is required,
whether similar training is available in the alien's country,
how the training will benefit the alien in pursuing a career
abroad, and why the petitioner will incur the cost of
providing the training without significant productive labor.

L-1A.
Write L-1A in the classification requested block on the
petition.
An L-1A is an alien coming temporarily to perform
services in a managerial or executive capacity for the same
corporation or firm, or for the branch, subsidiary or affiliate of
the employer who employed him or her abroad for one
continuous year within the three-year period (six months
within the previous three years if the employer is eligible and
has filed for a blanket L-1 approval and meets the
requirements for expedited processing), immediately
preceding the filing of the petition, in an executive,
managerial or specialized knowledge capacity.

L-1B.
Write L-1B in the classification requested block on the
petition.
An L-1B is an alien coming temporarily to perform services
that entail specialized knowledge for the same corporation or
firm, or for the branch, subsidiary or affiliate of the employer
that employed him or her abroad for one continuous year

within the three-year period (six months within the previous
three years if the employer is eligible and has filed for a
blanket L-1 approval and meets the requirements for
expedited processing), immediately preceding the filing of the
petition, in an executive, managerial or specialized knowledge
capacity. Specialized knowledge is special knowledge of the
employer's product or its application in international markets
or an advanced level of the knowledge of the employer's
processes and procedures.

L Petition Requirements.
A U.S. employer or foreign employer must file the petition,
but a foreign employer must have a legal business entity in the
United States. The petition must be submitted with:
Evidence of the qualifying relationship between the
United States and foreign employer, based on ownership
and control, such as an annual report, articles of
incorporation, financial statements or copies of stock
certificates;
A letter from the alien's foreign qualifying employer
detailing his or her dates of employment, job duties,
qualifications and salary; and
A description of the proposed job duties and
qualifications, and evidence showing that the proposed
employment is in an executive, managerial or specialized
knowledge capacity.
If the alien is coming to the United States to open a new
office, also file the petition with copies of evidence showing
that the business entity is located in the United States; and
Already has sufficient premises to house the new office;
Has or upon establishment will have the qualifying
relationship to the foreign employer; and
Has the financial ability to remunerate the alien and to
begin doing business in the United States, including
evidence about the size of the U.S. investment, the
organizational structure of both firms, the financial size
and condition of the foreign employer, and if the alien is
coming as an L-1 manager or executive to open a new
office, such evidence must establish that the intended U.S.
operation will support the executive or managerial position
within one year.

Blanket L Petition.
An L blanket petition simplifies the process of later filing for
individual L-1A workers and L-1B workers who are
specialized knowledge professionals employed in positions
requiring the theoretical and practical application of a body of
highly specialized knowledge to fully perform the occupation
and requiring also completion of a specific course of
education, culminating in a baccalaureate degree in a specific
occupational specialty.
Form I-129 Instructions (Rev. 04/02/07)Y Page 6

A blanket L petition must be filed by a U.S. employer who
will be the single representative between USCIS and the
qualifying organizations.

A copy of any written contract between you (the employer)
and the alien or a summary of the terms of the oral
agreement under which the alien will be employed;

Write LZ in the classification requested block. Do not name
an individual employee. File the petition with copies of
evidence showing that:
You and your branches, subsidiaries and affiliates are
engaged in commercial trade or services;

An explanation of the nature of the events or activities, the
beginning and ending dates for the events or activities,
and a copy of any itinerary for the events and activities.

You have an office in the United States that has been
doing business for one year or more;
You have three or more domestic and foreign branches,
subsidiaries or affiliates; and
You and your qualifying organizations have obtained
approved petitions for at least ten ''L'' managers, executives
or specialized knowledge professionals during the previous
12 months or have U.S. subsidiaries or affiliates with
combined annual sales of at least 25 million dollars; or
You have a U.S. work force of at least 1,000 employees.
After approval of a blanket petition, you may file for
individual employees to enter as an L-1A alien or L-1B
specialized knowledge professional under the blanket petition.
If the alien is outside the United States, file Form I-129S,
Nonimmigrant Petition Based on Blanket L Petition. If the
alien is already in the United States, file the Form I-129 to
request a change of status based on this blanket petition. The
petition must be submitted with:
A copy of the USCIS approval notice for the blanket
petition;
A letter from the alien's foreign qualifying employer
detailing his or her dates of employment, job duties,
qualifications and salary for the three previous years; and
If the alien is a specialized knowledge professional, a copy of
a U.S. degree or a foreign degree equivalent to a U.S. degree.

O-1A.
An O-1A is an alien coming temporarily who has
extraordinary ability in the sciences, education, business or
athletics (not including the arts, motion picture or
television industry).
Write O-1A in the classification block on the petition. The
petition must be submitted with:
A written consultation from a peer group or labor
management organization with expertise in the field. If the
above item cannot be obtained, the consultation can be
from a person of your (the employer's) choosing with
expertise in the alien's area of ability (see General
Evidence);

Evidence of the alien's extraordinary ability, such as
receipt of major awards or prizes, major published material
by the alien or relating to the alien's work, evidence of the
alien's contributions to the field, evidence of the alien's
original scholarly work or contributions to the field,
evidence of the alien's high salary within the field,
evidence that the alien participated on a panel, judging the
work of others in the field, or evidence of the alien's prior
employment in one or more critical capacities.
NOTE: If the preceding forms of evidence do not readily
apply to the alien's field of endeavor, you may submit other
comparable evidence.

O-1B.
An O-1B is an alien coming temporarily who has
extraordinary ability in the arts or extraordinary
achievement in the motion picture or television industry.
Write O-1B in the classification block on the petition. The
petition must be submitted with:
A written consultation from a peer group or a person of
your (the employer's) choosing with expertise in the alien's
area of ability (see General Evidence). If the petition is
based on the alien's extraordinary achievement in the
motion picture or television industry, separate
consultations are required from the relevant labor and
management organizations;
A copy of any written contract between you (the
employer) and the alien or a summary of the terms of the
oral agreement under which the alien will be employed;
Evidence that the alien has received or been nominated for
significant national or international awards or prizes in the
field, such as an Academy Award, Emmy, Grammy or
Director's Guild Award, or at least three of the following:
-- Evidence that the alien has performed or will perform
as a lead or starring participant in productions or events
that have a distinguished reputation;
-- Evidence that the alien has achieved national or
international recognition for achievements in the field;
-- Evidence that the alien has a record of major
commercial or critically acclaimed successes, as
evidenced by ratings, box office receipts, etc.;

Form I-129 Instructions (Rev. 04/02/07)Y Page 7

-- Evidence that the alien has received significant
recognition from organizations, critics, government
agencies or other recognized experts;
-- Evidence that the alien commands or will command a
high salary or other remuneration for services in
relation to others in the field; or
-- Evidence that the alien has performed in a lead or
starring role for organizations that have a distinguished
reputation.
NOTE: If the preceding forms of evidence do not readily
apply to the alien's field of endeavor, you may submit other
comparable evidence.

O-2.
An O-2 is an alien coming temporarily, solely as an essential
and integral part of the artistic or athletic performance of
an O-1 artist or athlete because he or she performs support
services that are essential to the successful performance of
the O-1. No test of the U.S. labor market is required.
Write O-2 in the classification block on the petition.
This form must be filed in conjunction with an O-1 petition
and submitted with:
A written consultation (see General Evidence);
-- If it is for support of an athlete or an alien with
extraordinary ability in the arts, the consultation must
be from an appropriate labor organization; or
-- If it is for support of an alien with extraordinary
achievement in motion pictures or television, the
consultation must be from an appropriate labor
organization and management organization.
Evidence of the current essentiality, skills and experience
of the O-2 with the O-1. In the case of a specific motion
picture or television production, the evidence must
establish that significant production has taken place
outside the United States and that the continuing
participation of the alien is essential to the successful
completion of the production.

P-1A.
A P-1A is an alien coming temporarily, to perform at a
specific athletic competition as an individual or as part of
a group or team participating at an internationally
recognized level of performance.
Write P-1A in the classification block on the petition. The
petition must be submitted with:
A written consultation (see General Evidence) with an
appropriate labor organization;

A copy of the contract with a major U.S. sports league or
team or a contract in an individual sport commensurate
with national or international recognition in the sport, if
such contracts are normally utilized in the sport;
Evidence of at least two of the following:
-- Substantial participation in a prior season with a major
U.S. sports league;
-- Participation in international competition with a
national team;
-- Substantial participation in a prior season for a U.S.
college or university in intercollegiate competition;
-- A written statement from an official of a major U.S.
sports league or official of the governing body for a
sport that details how the alien or team is
internationally recognized;
-- That the individual or team is ranked, if the sport has
international rankings; or
-- That the alien or team has received a significant honor
or award in the sport.

P-1B.
A P-1B is an alien entertainer coming temporarily to
perform as a member of a foreign-based entertainment
group, that has been recognized internationally as
outstanding in the discipline for a substantial period of
time, and who has had a sustained relationship (ordinarily
for at least one year) with the group.
Write P-1B in the classification block on the petition. The
petition must be submitted with:
A written consultation (see General Evidence) from an
appropriate labor organization;
Evidence that the alien or group is internationally
recognized in the discipline as demonstrated by the
submission of evidence of the group's receipt or
nomination for significant international awards or prizes
for outstanding achievement, or evidence of at least three
of the following:
-- The alien or group has performed or will perform as a
starring or leading group in productions or events with
a distinguished reputation;
-- The alien or group has achieved international
recognition and acclaim for outstanding achievement
in the field;
-- The alien or group has a record of major commercial
or critically acclaimed success;
Form I-129 Instructions (Rev. 04/02/07)Y Page 8

-- The alien or group has received significant recognition
for achievements from critics, organizations,
government agencies or other recognized experts in the
field; or
-- The alien or group commands a high salary or other
substantial remuneration for services, compared to
other similarly situated in the field.
NOTE:
By filing for a P-1 group, the petitioner certifies that the
group has been established and performing regularly for a
period of at least one year, and that at least 75 percent of
the members of the group have been performing with the
group for at least one year. This one-year period
requirement does not apply to circus groups coming to
perform with nationally recognized circuses.
Use the "Supplementary Information" form to request a
waiver of:
-- The one-year relationship requirement and the
international recognition requirement based on
emergent circumstances, or
-- The international recognition requirement because the
group has been recognized nationally as outstanding in
its discipline for a substantial period of time.

P-2.
A P-2 is an alien coming temporarily to perform as an artist
or entertainer, individually or as part of a group, under a
reciprocal exchange program between an organization in
the United States and an organization in another country.
Write P-2 in the classification block on the petition.
The petition must be filed by the sponsoring organization or
U.S. employer with:
A written consultation (see General Evidence) from an
appropriate labor organization;
A copy of the reciprocal exchange program;
A statement from the sponsoring organization describing
the reciprocal agreement as it relates to the petition;
Evidence that the alien and the U.S. artist or group have
comparable skills and that the terms of employment are
similar; and
Evidence that an appropriate labor organization in the
United States was involved in negotiating or concurred
with the exchange.

P-3.
A P-3 is an alien coming temporarily to perform, teach or
coach, individually or as part of a group, in the arts or
entertainment fields in a program that is culturally unique.

Write P-3 in the classification block on the petition. The
petition must be submitted with:
A written consultation (see General Evidence) from an
appropriate labor organization;
Evidence that all performances will be culturally unique;
and either
Affidavits, testimonials or letters from recognized experts
attesting to the authenticity of the alien's or group's skills in
presenting, coaching or teaching art forms; or
Documentation that the performance of the alien or group
is culturally unique as evidenced by actual reviews in
newspapers, journals or other published material.

Essential Support Personnel.
Accompanying support personnel are highly skilled aliens
coming temporarily as an essential and integral part of the
competition or performance of a principal P-1, P-2 or P-3, or
because they perform support services that are essential to the
successful performance or services of the principal P-1, P-2 or
P-3. The accompanying personnel must have prior experience
or critical skills with the principal P-1, P-2 or P-3. The
petition must be filed in conjunction with a principal P-1, P-2
or P-3 petition.
Write P-1S, P-2S or P-3S as appropriate in the classification
block on the petition.
The petition must be submitted with:
A written consultation (see General Evidence) from an
appropriate labor organization;
A statement describing the alien's critical skills and prior
experience with the principal P-1, P-2 or P-3;
Statements or affidavits from persons with first hand
knowledge that the alien has had substantial experience
performing the critical skills and essential support services
for the principal P-1, P-2 or P-3;
A copy of any written contract between the employer and
the alien or a summary of the terms of the oral agreement
under which the alien will be employed.

Q-1.
A Q-1 is an alien coming temporarily to participate in an
international cultural exchange program for sharing the
attitude, customs, history, heritage, philosophy and/or
traditions of the alien's country of nationality.
The culture sharing must take place in a school, museum,
business or other establishment where the public, or a segment
of the public sharing a common cultural interest, is exposed to
aspects of a foreign culture as part of a structured program.
The work component of the program may not be independent
of the cultural component, but must serve as the vehichle to
achieve the objectives of the cultural component. An
employer (U.S. or foreign firm, corporation, non-profit
Form I-129 Instructions (Rev. 04/02/07)Y Page 9

organization, or other legal entity) or its designated agent may
file the petition. If a designated agent is filing the petition,
that agent must be employed by the qualified employer on a
permanent basis in an executive or managerial capacity and
must be either a U.S. citizen or lawful permanent resident.
Write Q-1 in the classification block on the petition.
The petition must be submitted with evidence showing that the
employer:
Maintains an established international cultural exchange
program;
Has designated a qualified employee to administer the
program and serve as liaison with USCIS;
Is actively doing business in the United States;
Will offer the alien wages and working conditions
comparable to those accorded local domestic workers
similarly employed;
Has the financial ability to remunerate the participant(s).
To illustrate an established international cultural exchange
program, submit program documentation, such as catalogs,
brochures or other types of material.
To demonstrate financial ability to remunerate the participant
(s), submit your organization's most recent annual report,
business income tax return or other form of certified
accountant's report.
However, if the proposed dates of employment are within 15
months of the approval of a prior Q-1 petition filed by you for
the same international cultural exchange program, and that
earlier petition was filed with the above evidence of the
program, you may submit a copy of the approval notice for
that prior petition in lieu of the evidence about the program
required above.

2. Petition only required for an alien in
the U.S. to change status or extend stay.
The following classifications listed in this Section 2 do not
require a petition for new employment if the alien is outside
the United States. The alien should instead contact a U.S.
embassy or consulate for information about a visa or
admission.
Use this Form I-129 when the beneficiary is physically
present in the United States and a change of status, concurrent
employment, or an extension of stay is needed. Note,
however, that the beneficiary must maintain legal status in the
United States to remain eligible for the benefit sought.
Change of Status: A petition for change of status to one of
the classifications described in this Section must be submitted
with the initial evidence detailed below and with the initial
evidence required by the separate instructions for all petitions
involving change of status.

Extension of Stay: A petition for an extension of stay must
be filed with the initial evidence listed below and with the
initial evidence required by the separate instructions for all
petitions for extension. However, a petition for an extension
based on unchanged, previously approved employment need
only be filed with the initial evidence required by the separate
extension of stay instructions.

E-1.
An E-1 is a national of a country with which the United
States maintains a qualifying treaty, who is coming to the
United States to carry on substantial trade principally
between the United States and the alien's country of
nationality.
Qualifying trade involves the commercial exchange of goods
or services in the international market place. Substantial trade
is an amount of trade sufficient to ensure continuous flow of
international trade items between the United States and the
treaty country. Principal trade exists when over 50 percent of
the E-1's total volume of international trade is conducted
between United States and the treaty country.

E-2.
An E-2 is a national of a country with which the United
States maintains a qualifying treaty, who is coming to the
United States to develop and direct the operations of an
enterprise in which he or she has invested or is actively in
the process of investing a substantial amount of capital.
An E-2 must demonstrate possession and control of funds and
the ability to develop and direct the investment enterprise.
Capital in the process of being invested or that has been
invested must be placed at risk and irrevocably committed to
the enterprise. The enterprise must be a real, active, and
operating commercial or entrepreneurial undertaking, which
produces services or goods for profit. The investment must be
substantial and the enterprise must be more than marginal.

E-1 or E-2.
An employee of an E-1 or an E-2 who possesses the same
nationality may respectively be classified as E-1 or E-2. The
employee must principally and primarily perform executive or
supervisory duties or possess special qualifications that are
essential to the successful or efficient operation of the
enterprise.

E Petition Requirements.
The petition must be filed with evidence of:
Ownership and Nationality, including but not limited to
lists of investors with current status and nationality, stock
certificates, certificate of ownership issued by the
commercial section of a foreign embassy and reports from
a certified personal accountant;

Form I-129 Instructions (Rev. 04/02/07)Y Page 10

Substantial Trade (E-1), including but not limited to copies
of three or more of the following: bills of lading, customs
receipts, letter of credit, trade brochures, purchase orders,
insurance papers, documenting commodities imported,
carrier inventories and/or sales contracts;
Substantial Investment (E-2), including but not limited to
copies of partnership agreements (with a statement on
proportionate ownership), articles of incorporation,
payments for the rental of business premises or office
equipment, business licenses, stock certificates, office
inventories (goods and equipment purchased for the
business), insurance appraisals, annual reports, net worth
statements from certified professional accountants,
advertising invoices, business bank accounts containing
funds for routine operations, funds held in escrow; or
Executive or Supervisory Duties, or Special Qualifications
Essential to the Enterprise (E-1 Employee or E-2
Employee), including but not limited to certificates,
diplomas or transcripts, letters from employers describing
job titles, duties, operators' manuals, and the required level
of education and knowledge.

R-1.
An R-1 is an alien who for at least two years has been a
member of a religious denomination having a bona fide
nonprofit, religious organization in the United States,
coming temporarily to work solely:
As a minister of that denomination;
In a professional capacity in a religious vocation or
occupation for that organization; or
In a religious vocation or, occupation for the organization
or its nonprofit affiliate.
Write R-1 in the classification block on the petition.
The petition must be filed by a U.S. employer with the
following documentation:
A copy of the tax-exempt certificate showing the religious
organization, and any affiliate that will employ the person,
is a bona fide nonprofit religious organization in the
United States and is exempt from taxation in accordance
with section 501(c)(3) of the Internal Revenue Code of
1986 relating to religious organizations, or documents as is
required by the Internal Revenue Service to establish
eligibility for this tax exempt status.
A letter or letters from the authorizing official of the
religious denomination or organization that will be
employing the alien or engaging the alien's services in the
United States establishing that:
-- If the alien's religious membership was maintained in
whole or in part outside the United States, the foreign
and U.S. religious organizations belong to the same
denomination;

-- Immediately prior to the filing of the petition or
application for admission to the United States, the alien
has been a member in the religious denomination for at
least two years;
As appropriate:
-- If the alien is a minister, he or she is authorized to
conduct religious worship services for that denomination
and to perform other duties usually performed by
members of the clergy of that denomination, including a
detailed description of those duties;
-- If the alien is a religious professional, he or she has at
least a U.S. baccalaureate degree or its foreign
equivalent and that at least such a degree is required
for entry into the religious profession; or
-- If the alien is to work in another religious vocation or
occupation, he or she is qualified in the religious
vocation or occupation.
The arrangements made, if any, for remuneration for
services rendered by the alien, the amount and source of
any salary, a description of any other types of
remuneration to be received, and a statement whether such
remuneration shall be in exchange for services rendered;
The name and location of the specific organizational unit
of the religious organization for which the alien will be
providing services within the United States; and
If the alien is to work in a non-ministerial and nonprofessional capacity for a bona fide organization that is
affiliated with a religious denomination, evidence of the
existence of the affiliation.

Change of Status.
In addition to the initial evidence for the classification you are
requesting, a petition requesting a change of status for an alien
in the United States must be submitted with a copy of the
employee's(s) Form I-94, Nonimmigrant Arrival/Departure
Record.
NOTE: Family members should use Form I-539, Application
to Change/Extend Nonimmigrant Status, to apply for a change
of status.
A nonimmigrant, who must have a passport to be admitted,
must keep that passport valid during his or her entire stay. If a
required passport is not valid, include a full explanation with
your petition.
The following nonimmigrants are not eligible to change
status:
An alien admitted under a visa waiver program;
An alien in transit (C) or in transit without a visa (TWOV);
A crewman (D);
Form I-129 Instructions (Rev. 04/02/07)Y Page 11

A fiancé(e) (K-1) or his or her dependent (K-2);
A J-1 exchange visitor whose status was for the purpose
of receiving graduate medical training (unless a waiver
has been granted under section 214(l) of the Immigration
and Nationality Act);
A J-1 exchange visitor subject to the foreign residence
requirement who has not received a waiver of that
requirement; and
An M-1 student to an H classification, if training received
as an M-1 helped him or her qualify for H classification.

Change of status to Free Trade nonimmigrants.
A Free Trade Nonimmigrant is a citizen of Canada or Mexico
coming to the United States as a TN or a citizen from Chile or
Singapore coming to the U.S. as an H-1B1 Free Trade
Nonimmigrant temporarily under the provisions of a Free
Trade Agreement. A qualified employer may file this Form
I-129 for a citizen of one of the above countries if that citizen
has already been admitted to the United States in a
nonimmigrant category eligible for change of status. Along
with the Form I-129 and related supplement (Nonimmigrant
classification based on a
Free Trade Agreement Supplement), petitioners for Chile or
Singapore H-1B1 nonimmigrants must also file the H-1Band
H-1B1 Data Collection and Filing Fee Exemption Supplement
to ensure accurate fee and data collection.
NOTE: Canadian or Mexican TN nonimmigrants can be
petitioned for by either a U.S. employer or a foreign
employer. However, for Chile or Singapore H-1B1
nonimmigrants, the petitioner must be a U.S. employer.
In addition to the required information noted above under
"Change of Status," submit the following:
A letter from the employer stating the activity to be
engaged in, the anticipated length of stay and the
arrangements for remuneration;
Evidence that the alien meets the educational and/or
licensing requirements for the profession or occupation
(including, for citizens of Chile, the post-secondary
certificate for Agricultural Managers and Physical
Therapists that is accepted by the U.S. Department of State
if the citizen of Chile is receiving a nonimmigrant free
trade visa overseas);
For citizens of Chile and Singapore, a U.S. Department of
Labor issued certified labor condition application.

Extension of Stay.
Extension of stay for all except
Free Trade nonimmigrants.
A petition requesting an extension of stay for an employee in
the United States must be filed with a copy of the employee's
Form 1-94, Nonimmigrant Arrival/Departure Record, and a
letter from the petitioner explaining the reasons for the
extension. Consult the regulations relative to the specific
nonimmigrant classification sought.

NOTE: Family members should use Form I- 539 to file for
an extension of stay.
A nonimmigrant, who must have a passport to be admitted,
must keep that passport valid during his or her entire stay. If a
required passport is not valid, include a full explanation with
your petition. Where there has been a change in the
circumstances of employment, submit also the evidence
required for a new petition.
Where there has been no change in the circumstances of
employment, file your petition with the appropriate
supplement and with your letter describing the continuing
employment, and:
If the petition is for H-1B status, submit an approved labor
condition application for the specialty occupation valid for
the period of time requested.
If the petition is for H-2A status, submit a labor
certification valid for the dates of the extension, unless it is
based on a continuation of employment authorized by the
approval of a previous petition filed with a certification,
and the extension will last no longer than the previously
authorized employment and no longer than two weeks.
If the petition is for H-2B status, submit a labor
certification valid for the dates of the extension.

Extension of Free Trade stay.
NOTE: Canadian or Mexican TN nonimmigrants can be
petitioned for by either a U.S. employer or a foreign
employer. However, for Chile or Singapore H-1B1
nonimmigrants, the petitioner must be a U.S. employer.
An employer requesting an extension of stay for an alien with
a nonimmigrant classification based on a Free Trade
Agreement should follow the above instructions. Submit with
your extension request:
-- A letter describing the continuing employment,
-- The newly requested length of stay,
-- Continued valid licensing if required by the profession
and/or the State, and
-- In the case of a Chile or Singapore H-1B1 Free Trade
Nonimmigrant, a currently valid labor condition
attestation.
Along with the Form I-129 and related supplement (Nonimmigrant
classification based on a Free Trade Agreement Supplement),
petitioners for Chile or Singapore H-1B1 nonimmigrants must also
file the H-1B Data Collection and Filing Fee Exemptions
Supplement to ensure accurate fee and data collection.
If the extension is for a Chile or Singapore H-1B1 Free Trade
Nonimmigrant and it is the sixth consecutive extension request
for that person, a statement to that effect must be provided.

Form I-129 Instructions (Rev. 04/02/07)Y Page 12

General Evidence.
Written consultation. Noted classifications require a
written consultation with a recognized peer group, union and/
or management organization regarding the nature of the work
to be done and the alien's qualifications, before the petition
may be approved.
To obtain timely adjudication of a petition, you should obtain
a written advisory opinion from an appropriate peer group,
union and/or management organization and submit it with the
petition.
If you file a petition without the advisory opinion, you should
send a copy of the petition and all supporting documents to the
appropriate organization when you file the petition with
USCIS, and name that organization in the petition.
Explain to the organization that USCIS will contact them for
an advisory opinion. If an accepted organization does not
issue an advisory opinion within a given time period, a
decision will be made based upon the evidence of record.
If you do not know the name of an appropriate organization
with which to consult, please indicate so on the petition.
However, be advised that a petition filed without the actual
advisory opinion will require substantially longer processing
time.

Translations. Any foreign language document must be
accompanied by a full English translation that the translator
has certified as complete and correct, and by the translator's
certification that he or she is competent to translate the foreign
language into English.

Where to File.
Premium Processing
If you are requesting Premium Processing Services on Form
I-129, Petition for Nonimmigrant Worker, you must also file
Form I-907, Request for Premium Processing Services. Before
you file the I-129/I-907 package, check the Premium
Processing website to make sure the requested classification is
Premium eligible.

Regular Processing
Form I-129 is filed either at the California Service Center or
the Vermont Service Center, depending on the location of the
beneficiary's temporary employment and the nonimmigrant
classification sought. Prior to submitting your form(s), please
note the different addresses. Failure to follow these
instructions may result in your application or petition being
rejected, delayed, or denied.

California Service Center Filings
File Form I-129 with the California Service Center if the
beneficiary is or will be employed temporarily or receiving
training in:

Copies. If these instructions state that a copy of a document

Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho,
Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,
Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio,
Oregon, South Dakota, Utah, Washington, Wisconsin, or
Wyoming.

may be filed with this petition and you choose to send us the
original, we may keep that original for our records.

Mail your package to:

Liability for Return Transportation.

For Regular processing

The Immigration and Nationality Act makes a petitioner liable
for the reasonable cost of return transportation for an H-1B,
H-2B, O and P alien who is dismissed before the end of the
authorized employment.

When to File.
Generally, a Form I-129 petition may not be filed more than
six months prior to the date employment is scheduled to
begin. Petitioners should review the appropriate regulatory
provisions in 8 CFR which relate to the nonimmigrant
classification sought.
File the petition as soon as possible before the proposed
employment begins or before an extension of stay will be
required. If the petition is not submitted at least 45 days
before the employment begins, petition processing and
subsequent visa issuance may not be completed before the
alien's services are required or previous employment
authorization ends.

H-1B Cap Cases:
USCIS
California Service Center
ATTN: H-1B Cap
P.O. Box 10129
Laguna Niguel, CA 92607-1012

U.S. Masters Cap Cases:
USCIS
California Service Center
ATTN: H-1B U.S. Masters Cap
P.O. Box 10129
Laguna Niguel, CA 92607-1012

Form I-129 Instructions (Rev. 04/02/07)Y Page 13

H-1B Extensions:
USCIS
California Service Center
ATTN: H-1B Extensions
P.O. Box 10129
Laguna Niguel, CA 92607-1012

All other I-129 Cases:
USCIS
California Service Center
ATTN: I-129
P.O. Box 10129
Laguna Niguel, CA 92607-1012

Courier Address for All I-129s:
USCIS
California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
(Please note the type of I-129 in the attention line)

Premium Processing:
If the classification requested on Form I-129 is eligible for
Premium Processing and you wish to request Premium
Processing Services, please use the designated Premium
Processing address for the California Service Center, as
indicated below.

Form I-907/I-129 Regular Mailing Address:
Premium Processing Service
USCIS
California Service Center
P.O. Box 10825
Laguna Niguel, CA92607
(Please note the type of I-129 in the attention line)

Form I-907/I-129 Courier Mail Address:
Premium Processing Service
USCIS
California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
(Please note the type of I-129 in the attention line)

Form I-907/I-129 E-Mail Address:
[email protected]

Vermont Service Center Filings
File Form I-129 with theVermont Service Center if the
beneficiary is or will be employed temporarily or receiving
training in:
Alabama, Arkansas, Connecticut, Delaware, the District of
Columbia, Florida, Georgia, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Mississippi, New Hampshire, New
Jersey, New Mexico, New York, North Carolina, Oklahoma,
Pennsylvania, Puerto Rico, Rhode Island, South Carolina,
Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or
West Virginia.
Mail your package to:

H-1B Cap Cases:
USCIS
Vermont Service Center
ATTN: H-1B Cap
1A Lemnah Drive
St. Albans. VT 05479-0001

H-1BU.S. Masters Cap Cases:
USCIS
Vermont Service Center
ATTN: H-1B U.S. Masters Cap
1A Lemnah Drive
St. Albans. VT 05479-0001

All other I-129 Cases:
USCIS
Vermont Service Center
ATTN: I-129
75 Lower Welden Street
St. Albans, VT 05479-0001

Premium Processing:
If the classification requested on Form I-129 is eligible for
Premium Processing and you wish to request Premium
Processing Services, please use the designated Premium
Processing address for the Vermont Service Center, as
indicated below (for either mail or courier):

Form I-129 Instructions (Rev. 04/02/07)Y Page 14

Vermont Service Center Filings

Form I-907/I-129 Mailing Address and Courier
Address

File Form I-129 with theVermont Service Center if the
beneficiary is or will be employed temporarily or receiving
training in:

H-1B Cap Cases:

Alabama, Arkansas, Connecticut, Delaware, the District of
Columbia, Florida, Georgia, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Mississippi, New Hampshire, New
Jersey, New Mexico, New York, North Carolina, Oklahoma,
Pennsylvania, Puerto Rico, Rhode Island, South Carolina,
Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or
West Virginia.
Mail your package to:

H-1B Cap Cases:
USCIS
Vermont Service Center
ATTN: H-1B Cap
1A Lemnah Drive
St. Albans. VT 05479-0001

H-1B U.S. Masters Cap Cases:
USCIS
Vermont Service Center
ATTN: H-1B U.S. Masters Cap
1A Lemnah Drive
St. Albans. VT 05479-0001

Premium Processing Service
USCIS
Vermont Service Center
ATTN: H-1B Cap
30 Houghton Street
St. Albans. VT 05478-2399

H-1B U.S. Master Cap Cases:
Premium Processing Service
USCIS
Vermont Service Center
ATTN: H-1B U.S. Masters Cap
30 Houghton Street
St. Albans. VT 05478-2399

All other I-129 Cases:
Premium Processing Service
USCIS
Vermont Service Center
ATTN: I-129
30 Houghton Street
St. Albans. VT 05478-2399

Form I-907/I129 E-mail address:

All other I-129 Cases:

VSC-Premium.Processing @dhs.gov.

USCIS
Vermont Service Center
ATTN: I-129
75 Lower Welden Street
St. Albans, VT 05479-0001

Exceptions
•

Form I-129 Filed for Temporary Employment or Training
in More Than 1 Location: When the temporary
employment or training will be in different locations, the
state where your company or organization is located will
determine the Service Center to which you should send
the Form I-129 package. For example, the beneficiary
will work in Arizona and Texas, and your company is
located in New York, file Form I-129 with the Vermont
Service Center.

•

H-1C Classification for Nurses: Mail the I-129 package to
the Vermont Service Center, regardless of where the
temporary H-1C nurse will be employed.

Premium Processing:
If the classification requested on Form I-129 is eligible for
Premium Processing and you wish to request Premium
Processing Services, please use the designated Premium
Processing address for the Vermont Service Center, as
indicated below (for either mail or courier):

:

Form I-129 Instructions (Rev. 04/02/07)Y Page 15

•

•

•

R Classification for Temporary Religious
Workers: Mail the I-129 package to the
California Service Center, regardless of where the
temporary religious worker will be employed.
Major League Sports: This covers major league
athletes, minor league sports, and any affiliates associated
with the major leagues in baseball, hockey, soccer,
basketball, and football. Support personnel includes:
coaches, trainers, broadcasters, referees, linesmen,
umpires, and interpreters. Mail the I-129 package to
theVermont Service Center, regardless of the place of
temporary employment.

Trade NAFTA (TN) for Nationals of Mexico and
Canada:

-- TN Extension or Change of Status for Nationals of
Canada or Mexico Already in the U.S.: Mail the
Form I-129 package to the Vermont Service Center,
regardless of where the TN Canadian or Mexican
national will be employed.

-- Initial TN Classification for Nationals of Mexico:
DO NOT use Form I-129 to apply for initial TN
classification for a national of Mexico. To obtain
more information on the application process, please
visit the U.S. Department of State's TN Visa website.

-- Initial TN Classification for Nationals of
Canada: DO NOT use Form I-129 to apply
for initial TN classification for a national
of Canada. Please see 8 CFR 214.6
for information on applying at a U.S.port of entry.

H-1B1 Singapore/Chile Free Trade:
-- Initial H-1B1 Classification under the Singapore/
Chile Free Trade Agreement for Beneficiaries
Outside the U.S.: DO NOT use Form I-129 to
apply for initial H-1B1 classification. To obtain more
information on the H-1B1 application process,
please visit the U.S. Department of State's website.

-- Change of Status to H-1B1 and Extension of
H-1B1 Stay: Mail the Form I-129 package to
the Vermont Service Center, regardless of where the
H-1B1 beneficiary will be employed.

• E-3 Australian Free Trade:
-- Change of Status to E-3 and E-3 Extension:
Mail the Form I-129 package to the Vermont
Service Center, regardless of where the E-3
beneficiary will be employed.

-- Initial E-3 Classification for Beneficiaries
Outside the U.S.: DO NOT use Form I-129 to
apply for initial E-3 classification if the
beneficiary is outside the United States. To
obtain more information on the E-3 application
process, please visit the U.S. Department of
State's website.

Updated filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date this form was last printed. If
you are filing Form I-129 more than 30 days after the latest
edition date shown in the lower right-hand corner, please visit
us online at www.uscis.gov before you file, and check the
Forms and Fees page to confirm the correct filing address and
version currently in use. Check the edition date located in the
lower right-hand corner of the form. If the edition date on
your Form I-129 matches the edition date listed for Form
I-129 on the online Forms and Fees page, your version is
current and will be accepted by USCIS. If the edition date on
the online version is later, download a copy and use the online
version. If you do not have Internet access, call Customer
Service at 1-800-375-5283 to verify the current filing address
and edition date. Improperly filed forms will be rejected,
and the fee returned, with instructions to resubmit the
entire filing using the current form instructions.

Note on E-Filing
If you are e-filing this application, it will automatically be
routed to the appropriate Service Center, and you will receive
a receipt indicating the location to which it was routed. This
location may not necessarily be the same center shown in the
filing addresses listed above. For e-filed applications, it is
very important to review your filing receipt and make specific
note of the receiving location. All further communication,
including submission of supporting documents, should be
directed to the receiving location indicated on your e-filing
receipt.

Fee.
The base fee for this petition is $190.00.
A U.S. employer filing a $190.00 form I-129 for an H-1B
nonimmigrant or for a Chile or Singapore H-1B1 Free Trade
Nonimmigrant must submit the $190.00 petition filing fee
and, unless exempt under Part B of the H-1B Data Collection
and Filing Fee Exemption Supplement, an additional fee of
either $1,500.00 or $750.00.
Form I-129 Instructions (Rev. 04/02/07)Y Page 16

A U.S. employer with a total of 25 or less full-time equivalent
employees in the United States (including any affiliate or
subsidiary of the employer) is only obligated to pay the
$750.00 fee.
A U.S. employer filing a Form I-129 who is required to pay
the additional fee may make the payment in the form of a
single check or money order for the total amount due or as
two checks or money orders, one for the additional fee and
one for the petition fee.
NOTE: H-1B and L-1 petitioners required to pay the $500.00
Fraud Prevention and Detection Fee mandated by the H-1B
Visa Reform Act of 2004 must submit a check or money order
separate from the additional fee and petition fee. Petitioners
for Chile or Singapore H-1B1 Free Trade Nonnimmigrants do
not have to pay this fee.
NOTE: Employers filing H-2B petitions for employment to
commence on or after October 1, 2005 must submit an
additional fee of $150.00. The Save Our Small and Seasonal
Businesses Act of 2005 authorized this $150.00 Fraud
Prevention and Detection Fee.
The fee must be submitted in the exact amount. It cannot be
refunded. Do not mail cash. All checks and money orders
must be drawn on a bank or other institution located in the
United States and must be payable in U.S. currency. The
check or money order must be made payable to the
Department of Homeland Security, except that:
If you live in Guam and are filing this petition there, make
your check or money order payable to the "Treasurer,
Guam."
If you live in the U.S. Virgin Islands and are filing this
petition there, make your check or money order payable to
the "Commissioner of Finance of the Virgin Islands."
When preparing the check or money order, spell out
Department of Homeland Security. Do not use the initials
"DHS" or "USDHS."
Checks are accepted, subject to collection. An uncollected
check will render the petition and any document issued
invalid. A charge of $30.00 will be imposed if a check in
payment of a fee is not honored by the bank on which it is
drawn.
How to check if the fee is correct. The fee on this form is
current as of the publication date appearing in the lower right
corner of this page. However, because USCIS fees change
periodically, you can verify if the fee is correct by following
one of the steps below.
Visit our website at www.usics.gov and scroll down to
"Forms and E-Filing" to check the appropriate fee, or
Review the Fee Schedule included in your form package, if
you called us to request the form, or

Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Processing Information.
Any petition that is not signed or accompanied by the
correct fee, will be rejected with a notice that the petition
is deficient. You may correct the deficiency and resubmit the
petition. A petition is not considered properly filed until
accepted by USCIS.

Initial processing. Once a petition has been accepted, it will
be checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility and we may deny your petition.

Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.

Penalties.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this petition, we will
deny the petition and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law
and may be subject to criminal prosecution.

Decision. The decision on a petition involves separate
determinations of whether you have established that the alien
is eligible for the requested classification based on the
proposed employment, and whether he or she is eligible for
any requested change of status or extension of stay. You will
be notified of the decision in writing.

Privacy Act Notice.
We ask for the information on this form and associated
evidence to determine if you have established eligibility for
the immigration benefit you are seeking. Our legal right to
ask for this information is in 8 U.S.C. 1154, 1184 and 1258.
We may provide this information to other government
agencies. Failure to provide this information and any
requested evidence may delay a final decision or result in
denial of your petition.

Information and Forms.
To order USCIS forms, call our to toll-free forms line at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.
uscis.gov.
Form I-129 Instructions (Rev. 04/02/07)Y Page 17

Use InfoPass for Appointments.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website at www.uscis.gov. Use the InfoPass
appointment scheduler and follow the screen prompts to set up
your appointment. InfoPass generates an electronic
appointment notice that appears on the screen. Print the notice
and take it with you to your appointment. The notice gives the
time and date of your appointment, along with the address of
the USCIS office.

Paperwork Reduction Act Notice.
We try to create forms and instructions that are accurate, can
be easily understood and that impose the least possible burden
on you to provide us with information. Often this is difficult
because some immigration laws are very complex.
The estimated average time to complete and file this petition is
as follows: (1) 60 minutes to learn about the law and form; (2)
60 minutes to complete the form; and (3) 45 minutes to
assemble and file the petition; for a total estimated average of
2 hours and 45 minutes per petition.
If you have comments regarding the accuracy of this estimate
or suggestions for making this form simpler, you can write to
the U.S. Citizenship and Immigration Services, Regulatory
Management Division, 111 Massachusetts Avenue, N.W.,
Suite 3000, Washington, D.C. 20529; OMB No. 1615-0009.
Do not mail your petition to this Washington, D. C.
address.

Form I-129 Instructions (Rev. 04/02/07)Y Page 18