Petition for Nonimmigrant Worker

I-129instr 092109

Petition for Nonimmigrant Worker

OMB: 1615-0009

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Instructions for Form I-129,
DRAFT - Not ForPetition
Production
for a Nonimmigrant Worker

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

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

Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet and
indicate the number of the item to which the answer refers.

What Is the Purpose of This Form?
This form is used by an employer to petition 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:
1.

H-1B, specialty occupation; 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, temporary 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.

NOTE: A petition is not required for an E-1 or E-2
nonimmigrant visa or admission as a TN nonimmigrant from
Canada or Mexico. A petition is also not required for an
H-1B1 Free Trade Nonimmigrant from Chile or Singapore.
These persons may apply directly to a U.S. Embassy or
consulate abroad.
A petition is required only to apply for a change or extension
of stay in such status.
NOTE: Form I-129 consists of a basic petition, individual
supplements relating to specific classifications, and for H-1B
petitions, the H-1B Data Collection and Filing Fee Exemption
Supplement with its particular instructions (formerly issued
separately as Form I-129W).
The following Table of Contents will help you locate
information on the form and each supplement:

Table of Contents

Page

I. Instructions for Form I-129

H Classifications
H-1B Data Collection
L Classification

1
3
3
4
7

O and P Classifications

General Information
1. Petition Always Required

Q-1 Classification

10. P-2, artist or entertainer in reciprocal exchange program.

R-1 Classification

11. P-2S, essential support personnel for a P-2.

2. Petition Only Required for an Alien in
the United States to Change Status or
Extend Stay

12. P-3, artist or entertainer coming to the United States to
perform, teach, or coach under a program that is
culturally unique.
13. P-3S, essential support personnel for a P-3.
14. Q-1, alien coming temporarily to participate in an
international cultural exchange program.

E Classification
Change of Status/Extension of Stay
(Includes Free Trade Nonimmigrants
such as TN and H-1B1s)

General Evidence

16
18

15. R-1, religious worker.

When to File?

This form is used also by an employer to request an extension
of stay or change of status for the following nonimmigrants:

Where to File?
What is the Filing Fee?

1. E-1, treaty trader.

Processing Information, Penalties, Privacy
Act Notice, USCIS Information and Forms,
and Paperwork Reduction Act

2. E-2, treaty investor.
3. Free Trade Nonimmigrants, H-1B1s and TNs.

Form I-129 Instructions (Rev. 09/21/09)Y

DRAFT - Not For Production
II. Petition for a Nonimmigrant Worker
(Form I-129)

E Classification Supplement

Nonimmigrant Classification Based on
a Free Trade Agreement Supplement

H Classification Supplement

H-1B Data Collection and Filing Fee
Exemption Supplement

L Classification Supplement

O and P Classifications Supplement

Q-1 and R-1 Classifications Supplement

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

Exception: H-2A and H-2B petitions for workers from
countries not designated in accordance with paragraphs 8 CFR
214.2(h)(5)(i)(F)(1) and (h)(6)(i)(E)(1) should be filed
separately. See www.uscis.gov website for the list of
participating countries.
NOTE: If the employer is seeking notification to multiple
Ports of Entry or Pre-Flight Inspections (or requesting a
change in the Port of Entry or Pre-Flight Inspection requested
on Form I-129 that has already been approved), the employer
should file Form I-824, Application for Action on an
Approved Application or Petition, with appropriate fee, for
each additional location 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.

Naming beneficiaries. All aliens in a petition must be

Who May File This Form I-129?
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 U.S. 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:
1. They will all be employed for the same period of time; and
2. They will all perform the same services, receive the same
training, or participate in the same international cultural
exchange program.

named except for an H-2A agricultural worker or an H-2B
temporary nonagricultural worker. Exception: You must
provide the name, date of birth, country of birth, and country
of nationality of all H-2A and H-2B workers when: (1) the
petition is filed for a worker who is a national of a country not
designated by the Secretary of Homeland Security as eligible
to participate in the H-2A or H-2B program, or; (2) the
beneficiary is in the United States. In addition, USCIS may
require the petitioner to name H-2B beneficiaries where the
name is needed to establish eligibility for H-2B nonimmigrant
status.
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.

General Filing Instructions
Complete the basic form and any relating supplement. Answer
all questions by typing or clearly printing in black ink.
Indicate that an item is not applicable with "N/A." If the
answer is none, write "None."
If you need extra space to answer any item, attach a sheet(s) of
paper with your name and your Alien Registration Number (A
number), 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 would like the Department of State to be
notified of the approval of this petition.
Form I-129 Instructions (Rev. 09/21/09)Y Page 2

DRAFT - Not For Production
Classification - Initial Evidence

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

These instructions are divided into two parts.

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

1. The first part includes classifications requiring a petition
for an initial visa or entry and any extension of stay or
change of status.
2. The second part includes classifications requiring only a
petition for a extension of stay or change of status.

4. A copy of any required license or other official permission
to practice the occupation in the State of intended
employment; and
5. 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.

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.
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.

H-1B
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.

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:
1. A description of the proposed employment;
2. Evidence that the services and project meet the above
conditions;
3. 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
4. Evidence that the beneficiary holds a baccalaureate or
higher degree in the field of employment.
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.

The petition must be filed by the U.S. employer and must be
filed with:

Write H-1B3 in the classification requested block.

1. Evidence that a labor condition application has been filed
with the U.S. Department of Labor;

A U.S. employer or agent or foreign employer may file the
petition.

2. Evidence showing that the proposed employment qualifies
as a specialty occupation;

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.

3. Evidence showing that the alien has the required degree by
submitting either:
A. A copy of the person's U.S. baccalaureate or higher
degree as required by the specialty occupation;

Form I-129 Instructions (Rev. 09/21/09)Y Page 3

DRAFT - Not For Production
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 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 fee. There are no exemptions from this fee.
This form will serve as the vehicle for collection of the $500
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 worker must file this supplement concurrently
with Form I-129 and the appropriate fee. (See "What is the
Filing 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 worker must complete Part
A of the supplement form. An employer must answer all of the
questions in the "Employer Information" Section.
1. H-1B Dependent employer. An "H-1B dependent
employer" means an employer that:
A. Has 25 or fewer full-time-equivalent employees who
are employed in the United States and employs more
than seven H-1B nonimmigrants;
B. Has at least 26 but not more than 50 full-timeequivalent employees who are employed in the
United States and employs more than 12 H-1B
nonimmigrants; or
C. 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.

NOTE: As of February 17, 2009, U.S. employers who
received funding under the Troubled Assets Relief Program
(TARP), as described in the Employ American Workers Act
(sec. 1611 of Div. A, Title XVI of Public Law 111-5) and
seek to hire an H-1B nonimmigrant must comply with the
H-1B Dependent Employer provisions. The H-1B Dependent
Employer provisions apply regardless whether such U.S.
employers are seeking exempt H-1B nonimmigrants.
2. Willful Violators. A willful violator is an employer
whom the U.S. 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.
3. Exempt H-1B nonimmigrant. An "exempt H-1B
nonimmigrant" means an H-1B who:
A. Receives wages (including cash bonuses and similar
compensation) at an annual rate equal to at least
$60,000; or
B. Has attained a master's degree or higher (or its
equivalent) in a specialty related to the intended
employment.
4. TARP funding. TARP funding refers to receipt of

funds described in the Employ American Workers
Act (sec. 1611 of Div. A, Title XV1 of Public Law
111-5).
5. 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.
6. 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; 30 characters
maximum. Do not consider work experience to determine
the beneficiary's major education level.
7. 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).

Form I-129 Instructions (Rev. 09/21/09)Y Page 4

DRAFT - Not For Production
8.

Rate of pay per year. The ''rate of pay'' is the salary or

"Related to" or "affiliated with" means the entity is:

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
four-month 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.

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

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 U.S. Department of Labor ETA Form 9035,
Labor Condition Application for H-1B Nonimmigrant.

10. NAICS Code. The North American Industry
Classification System (NAICS) code can be obtained
from the U.S. Department of Commerce, 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 fewer 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:

The code sequences 5133 would be entered as:

Completing Part B of the Supplemental Form
A U.S. employer seeking an exemption from the $1,500 or
$750 filing fee must complete Part B. A U.S. employer is
exempt from payment of the additional $1,500 or $750 filing
fee if:
1. 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
2. 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.

B. Attached to the institution of higher education as a
member, branch, cooperative, or subsidiary.
3. 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, sections 501(c)(3),
(c)(4), or (c)(6); or 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; or
C. 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.
4. 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
or $750 filing fee was paid on the initial petition or the
first extension of stay; or
5. This petition is an amended petition that does not contain
any requests for extension of stay filed by the employer; or
6. This petition is to correct a USCIS error; or
7. The employer is a primary or secondary education
institute; or
8. 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 or $750 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), (c)(4), or (c)(6); or 26 U.S.C. 501(c)(3), (c)(4), or (c)
(6); or
Form I-129 Instructions (Rev. 09/21/09)Y Page 5

DRAFT - Not For Production
All other U.S. employers claiming exemption from payment of
the $1,500 or $750 filing fee must submit a statement
describing why the organization or entity is exempt.

2. 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.

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.
Public Law 110-229 provides that nonimmigrant workers
admitted to Guam or the CNMI and who will perform work in
Guam or the CNMI are exempt from the statutory caps for the
H visa programs. The Form I-129 H Classification
Supplement and H-1B Data Collection and Filing Fee
Exemption Worksheet require employers to indicate whether
they are subject to this cap exemption.

NOTE: Employers filing H-2B petitions for employment to
commence on or after October 1, 2005, must submit an
additional fee of $150. The Save Our Small and Seasonal
Businesses Act of 2005 authorized this $150 Fraud Prevention
and Detection Fee.

H-3 (Two types)
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.

H-2A

Write H-3 in the classification block on the petition.

An H-2A is an alien coming temporarily to engage in
temporary or seasonal agricultural employment.

Custodial care of the children must be incidental to the
training program. The petition must be filed by the U.S.
employer with:

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:
1.

A single, valid temporary labor certification; and

2. Copies of evidence showing that each named alien met the
minimum job requirements stated in the certification at
time the application was filed.

1. 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
2. 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.

H-2B

An H-3 is also an alien coming temporarily to receive
training from an employer in any field other than graduate
education or training.

An H-2B is an alien coming temporarily to engage in nonagricultural employment that is seasonal, intermittent,
peak load, or a one-time need.

Write H-3 in the classification block on the petition.

Write H-2B in the classification block on the petition.
The petition must be filed by a U.S. employer with:
1. 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; and

The petition must be filed by the U.S. employer with:
1. 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;
2. A summary of the prior training and experience of each
alien in the petition; and
3. 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.

Form I-129 Instructions (Rev. 09/21/09)Y Page 6

DRAFT - Not For Production
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:
1. Evidence of the qualifying relationship between the U.S.
and foreign employer based on ownership and control,
such as an annual report, articles of incorporation,
financial statements, or copies of stock certificates;
2. A letter from the alien's foreign qualifying employer
detailing his or her dates of employment, job duties,
qualifications, and salary; and
3. 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
1. Already has sufficient premises to house the new office;
2. Has or upon establishment will have the qualifying
relationship to the foreign employer; and
3. 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
that require the theoretical and practical application of a body
of highly specialized knowledge to fully perform the
occupation and also requiring completion of a specific course
of education, culminating in a baccalaureate degree in a
specific occupational specialty.
A blanket L petition must be filed by a U.S. employer who
will be the single representative between USCIS and the
qualifying organizations.
Write LZ in the classification requested block. Do not name
an individual employee. File the petition with copies of
evidence showing that:
1. You and your branches, subsidiaries, and affiliates are
engaged in commercial trade or services;
2. You have an office in the United States that has been
doing business for one year or more;
3. You have three or more domestic and foreign branches,
subsidiaries, or affiliates; and
4. You and your qualifying organizations have obtained
approved petitions for at least 10 ''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; or
5. You have a U.S. workforce of at least 1,000 employees.

Form I-129 Instructions (Rev. 09/21/09)Y Page 7

DRAFT - Not For Production
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 Form I-129 to request
a change of status based on this blanket petition. The petition
must be submitted with:
1. A copy of the USCIS approval notice for the blanket
petition;
2. 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
3. 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:
1. 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);

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:
1. 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;
2. 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;
3. 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:
A. Evidence that the alien has performed or will perform
as a lead or starring participant in productions or
events that have a distinguished reputation;
B. Evidence that the alien has achieved national or
international recognition for achievements in the
field;

2. 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;

C. Evidence that the alien has a record of major
commercial or critically acclaimed successes, as
evidenced by ratings, box office receipts, etc.;

3. 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; and

D. Evidence that the alien has received significant
recognition from organizations, critics, government
agencies, or other recognized experts;

4. 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 that judges
the work of others in the field, or evidence of the alien's
prior employment in one or more critical capacities.

E. Evidence that the alien commands or will command a
high salary or other remuneration for services in
relation to others in the field; or
F. 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.
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DRAFT - Not For Production
O-2

P-1B

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.

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 O-2 in the classification block on the petition.
This form must be filed in conjunction with an O-1 petition
and submitted with:
1. A written consultation (see General Evidence);
A. 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
B. 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.
2. 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.
3. Evidence of at least two of the following:
A. Substantial participation in a prior season with a major
U.S. sports league;
B. Participation in international competition with a
national team;
C. Substantial participation in a prior season for a U.S.
college or university in intercollegiate competition;
D. 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;
E. That the individual or team is ranked, if the sport has
international rankings; or
F. That the alien or team has received a significant honor
or award in the sport.

Write P-1B in the classification block on the petition. The
petition must be submitted with:
1. A written consultation (see General Evidence) from an
appropriate labor organization;
2. 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:
A. The alien or group has performed or will perform as a
starring or leading group in productions or events
with a distinguished reputation;
B. The alien or group has achieved international
recognition and acclaim for outstanding achievement
in the field;
C. The alien or group has a record of major commercial
or critically acclaimed success;
D. The alien or group has received significant
recognition for achievements from critics,
organizations, government agencies, or other
recognized experts in the field; or
E. The alien or group commands a high salary or other
substantial remuneration for services compared to
other similarly situated in the field.

NOTE:
1. 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.

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DRAFT - Not For Production
2. Use the "Supplementary Information" form to request a
waiver of:
A. The one-year relationship requirement and the
international recognition requirement based on
emergent circumstances; or
B. 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.

B. 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-2 in the classification block on the petition.

Write P-1S, P-2S, or P-3S as appropriate in the classification
block on the petition.

The petition must be filed by the sponsoring organization or
U.S. employer with:

The petition must be submitted with:

A written consultation (see General Evidence) from an
appropriate labor organization;

1. A written consultation (see General Evidence) from an
appropriate labor organization;

A copy of the reciprocal exchange program;

2. A statement describing the alien's critical skills and prior
experience with the principal P-1, P-2, or P-3;

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.

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;
4. 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
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:
1.

A written consultation (see General Evidence) from an
appropriate labor organization;

Evidence that all performances will be culturally unique;
and either
A. 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

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 vehicle to
achieve the objectives of the cultural component. An employer
(U.S. or foreign firm, corporation, nonprofit organization, or
other legal entity) or its designated agent may file the petition.

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DRAFT - Not For Production
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.

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 vehicle to
achieve the objectives of the cultural component. An employer
(U.S. or foreign firm, corporation, nonprofit 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:
1. Maintains an established international cultural exchange
program;
2. Has designated a qualified employee to administer the
program and serve as liaison with USCIS;
3. Is actively doing business in the United States;
4. Will offer the alien wages and working conditions
comparable to those accorded local domestic workers
similarly employed; and

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.

R-1
An R-1 is an alien who is coming temporarily to perform
services as a religious worker.
Basic Requirements: A U.S. employer must file the petition.
The employer must:
1.

Complete Form I-129, Petition for a Nonimmigrant
Worker, Parts 1 through 6 as applicable, making sure to
write R-1 in the Requested Nonimmigrant Classification
box in response to question 1 under Part 2;

Complete the Q-1 and R-1 Classifications Supplement to
Form I-129;

Complete the Form I-129 R-1 Employer Attestation;

Complete, if applicable, Form I-129 Religious
Denomination Certification;

5. Submit evidence demonstrating that the employer and
alien meet certain requirements; and
6. Submit Form I-129 to USCIS with the applicable
supplements and evidence at the same time.

Definitions
There are definitions that apply specifically to R-1 petitions.
Detailed explanations of the definitions may be found at
8 CFR 214.2(r).
1.

Bona Fide Nonprofit Religious Organization in the
United States means an organization exempt from
taxation as described in section 501(c)(3) of the Internal
Revenue Code of 1986, subsequent amendment or
equivalent sections of prior enactments of the Internal
Revenue Code. The organization must have a currently
valid determination letter from the Internal Revenue
Service confirming the tax exemption. Tax-exempt
organization is defined below.

Bona Fide Organization That Is Affiliated with the
Religious Denomination means an organization that is
closely associated with a religious denomination.
Religious denomination is defined below. The affiliated
organization must be exempt from taxation as described
in section 501(c)(3) of the Internal Revenue Code of

5. 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.

Form I-129 Instructions (Rev. 09/21/09)Y Page 11

DRAFT - Not For Production
1986, subsequent amendment or equivalent sections of
prior enactments of the Internal Revenue Code. The
organization must have a currently valid determination
letter from the Internal Revenue Service confirming the
tax exemption. Tax-exempt organization is defined
below.
3.

B. The duties must be primarily related to, and must
clearly involve, inculcating or carrying out the
religious creed and beliefs of the denomination;
C. The duties do not include positions which are
primarily administrative or support such as janitors,
maintenance workers, clerical employees, fund
raisers, persons solely involved in the solicitation of
donations, or similar positions, although limited
administrative duties that are only incidental to
religious functions are permissible; and

Religious Denomination means a religious group or
community of believers that is governed or administered
under a common type of ecclesiastical government with:
A. A recognized common creed or statement of faith
shared among the denomination's members;

D. Religious study or training for religious work does
not constitute a religious occupation, but a religious
worker may pursue study or training incident to
status.

B. A common form of worship;
C. A common formal code of doctrine and discipline;
D. Common religious services, and ceremonies;
E. Common established places of religious worship,
religious congregations; or
F.

Comparable evidence of a bona fide religious
denomination.

If there is no hierarchical ecclesiastical government, an
individual church may qualify as a religious denomination
by submitting a description of its internal governing
structure.
4.

Denominational Membership means membership during
at least the two year period immediately preceding the
filing date of the petition, in the same type of religious
denomination as the petitioning U.S. religious
organization where the alien will work.
Minister means an individual who:
A. Is fully authorized by a religious denomination, and
fully trained according to the denomination's
standards, to conduct religious worship and perform
other duties usually performed by authorized
members of the clergy of that denomination;
B. Is not a lay preacher or a person not authorized to
perform duties usually performed by clergy;
C. Performs activities with a rational relationship to the
religious calling of the minister; and
D. Works solely as a minister in the United States which
may include administrative duties incidental to the
duties of a minister.

7. Religious Vocation means a formal lifetime commitment,
through vows, investitures, ceremonies, or similar indicia,
to a religious way of life. The religious denomination
must have a class of individuals whose lives are dedicated
to religious practices and functions, as distinguished from
the secular members of the religion. Examples of
vocations include nuns, monks, and religious brothers and
sisters.
8.

Religious Worker means an individual engaged in and,
according to the denomination's standards, qualified for a
religious occupation or vocation, whether or not in a
professional capacity, or as a minister.

Tax Exempt Organization means an organization
exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, subsequent amendment,
or equivalent sections of prior enactments of the Internal
Revenue Code.
A. The organization must demonstrate tax-exempt status
by submitting a currently valid Internal Revenue
Service 501(c)(3) tax exemption determination letter.
B. A determination letter may be currently valid
regardless of whether it is issued under 501(c)(3) of
the Internal Revenue Code of 1986, subsequent
amendment, or equivalent sections of prior
enactments of the Internal Revenue Code.
C. These requirements also apply to religious
organizations that are recognized as tax-exempt under
a group tax exemption.

6. Religious Occupation means an occupation which meets
all of the following requirements:
A. The duties must primarily relate to a traditional
religious function and be recognized as a religious
occupation within the denomination;
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DRAFT - Not For Production
D. In instances where the organization is affiliated with
the religious denomination and was granted taxexempt status under section 501(c)(3) of the Internal
Revenue Code of 1986, subsequent amendment, or
equivalent sections of prior enactments of the Internal
Revenue Code as something other than a religious
organization, additional documentation is required.

Admission/Change of Status and
Time Limit Requirements

Attestation Requirements
Form I-129 and Form I-129 Q-1 and R-1 Classification
Supplement include an Employer Attestation that the
prospective employer must complete. Prospective employer
means the U.S. employer that is filing the petition.
An authorized official of the prospective employer must
complete, sign, and date the Employer Attestation. The
authorizing official must sign the attestation, certifying under
penalty of perjury that the attestation is true and correct.

If otherwise admissible, an alien may be admitted as an
R-1 alien or changed to R-1 status for an initial period of
up to 30 months from date of initial admission. If visaexempt, the alien must present original documentation of
the petition approval.

A nonimmigrant religious worker may work for more than one
bona fide religious organization. When the alien works for
more than one employer, each bona fide religious organization
must submit Form I-129 and R-1 Employer Attestation with
the appropriate documentation.

The spouse and unmarried children under the age of 21 of
an R-1 alien may be accompanying or following-to-join
the R-1 alien, subject to the following conditions:

The prospective employer must specifically attest to the
following:
1. The prospective employer's status as a:

A. R-2 status is granted for the same period of time and
subject to the same limits as the R-1 alien, regardless
of the time such spouse and children may have spent
in the United States in R-2 status;
B. Neither the spouse nor children may accept
employment while in the United States in R-2 status;
and
C. The primary purpose of the spouse or children coming
to the United States must be to join or accompany the
R-1 alien.

A. Bona fide nonprofit organization; or
B. Bona fide organization that is affiliated with a
religious denomination and is exempt from taxation.
2.

The number of members of the prospective employer's
organization.

The number of employees who work at the same location
where the alien will be employed and a summary of those
employees' responsibilities.

The number of aliens holding special immigrant religious
worker status or R nonimmigrant visa status currently
employed or employed within the past five years by the
prospective employer's organization.

The number of special immigrant religious worker and R
visa petitions and applications filed by or on behalf of any
aliens for employment by the prospective employer in the
past five years.

The title of the position offered to the alien.

The beneficiary will:

Compensation Requirements
A religious worker must be salaried or non-salaried. In limited
instances, self support may qualify as compensation. The
attestation section below lists the evidence that the prospective
employer must submit regarding compensation.
1.
2.

Salaried means receiving traditional pay such as a
paycheck.
Non-salaried means receiving support such as room,
board, medical care, or transportation instead of a
paycheck or use of personal savings.
Self-supporting means that the position the alien will hold
is part of an established program for temporary,
uncompensated missionary work, which is part of a
broader international program of missionary work
sponsored by the denomination.

A. Receive salaried or non-salaried compensation from
the prospective employer and details of such
compensation; or
B. Provide self-support.
8.

A detailed description of the alien's proposed daily duties.

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DRAFT - Not For Production
9.

The offered position requires at least 20 hours of
compensated work per week, or if fewer than 20 hours per
week, the compensated service for another religious
organization and the compensated service at the
petitioning organization will total 20 hours per week.

When the alien will receive salaried or non-salaried
compensation, the prospective employer may submit past
evidence of compensation for similar positions; budgets
showing monies set aside for salaries, leases, etc.; and
documentation that food, housing, medical care, or
transportation will be provided. Internal Revenue Service
(IRS) documentation of compensation must be submitted,
if available; however, if IRS documentation is
unavailable, the prospective employer must explain why it
is unavailable and submit comparable verifiable
documentation.

If the alien will be self-supporting, the petitioner must
submit documentation establishing that the position the
alien will hold is part of an established program for
temporary, uncompensated missionary work, which is
part of a broader international program of missionary
work sponsored by the denomination.

10. The specific location(s) of the proposed employment.
11. The alien is qualified to perform the duties of the offered
position.
12. The alien's membership of the denomination for at least
two years.
13. That, if the position is not a religious vocation, the alien
will not be engaged in secular employment.
14. The prospective employer's obligation to notify USCIS
within 14 days of any changes in the alien's employment
including:
A. Working fewer than the required number of hours; or
B. Having been released or otherwise terminated from
employment before the end of the authorized R-1
stay.

Initial Evidence Related to the Prospective Employer
The prospective employer must submit the following initial
evidence relating to the prospective employer:
1.

A currently valid determination letter from the Internal
Revenue Service establishing status as a tax-exempt
organization as defined in part 9 above.

Documentation that establishes the religious nature and
purpose of the organization, such as a copy of the
organizing instrument of the organization that specifies
the purposes of the organization;

Organizational literature, such as brochures, calendars,
flyers, and other literature describing the religious
purpose and nature of the activities of the organization;
and
A completed Form I-129 Religious Denomination
Certification, signed and dated by an authorizing official,
certifying under penalty of perjury that the petitioning
organization is affiliated with the religious denomination.

Initial Evidence Related to Compensation
The prospective employer must submit verifiable evidence of
compensation or self-support.

An established program for temporary, uncompensated
work is defined to be a missionary program in which:
A. Foreign workers, whether compensated or
uncompensated, have previously participated in R-1
status;
B. Missionary workers are traditionally uncompensated;
C. The organization provides formal training for
missionaries; and
D. Participation in such missionary work is an
established element of religious development in that
denomination.
The petitioner must submit evidence demonstrating:
A. That the organization has an established program for
temporary, uncompensated missionary work;
B. That the denomination maintains missionary
programs both in the United States and abroad;
C. The religious worker's acceptance into the missionary
program;
D. The religious duties and responsibilities associated
with the traditionally uncompensated missionary
work; and
E. Copies of the alien's bank records, budgets
documenting the sources of self-support (including
personal or family savings, room, and board with host
families in the United States, donations from the
denomination's churches), or other verifiable evidence
acceptable to USCIS.

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DRAFT - Not For Production
3.

If the alien worked in the United States during the two
years immediately before the petition was filed, the
prospective employer must submit evidence of salaried or
non-salaried compensation or self-support if the alien was
uncompensated.

A. The denomination's requirements for ordination to
minister;
B. The duties allowed to be performed by virtue of
ordination;

A. If the alien received salaried compensation, the
prospective employer must submit IRS
documentation that the alien received a salary, such
as an IRS Form W-2 or certified copies of income tax
returns, reflecting such work and compensation for
the preceding two years.
B. If the alien received non-salaried compensation, the
prospective employer must submit, if available, IRS
documentation of the non-salaried compensation. If
IRS documentation is unavailable, the prospective
employer must explain why and provide verifiable
evidence of all financial support. The evidence may
include stipends, room, and board. The evidence may
also include a description of the location where the
alien lived, a lease to establish where the alien lived,
or other verifiable documentation acceptable to
USCIS.
C. If the alien was uncompensated but provided for his
or her own support and for any dependents, the
prospective employer must show how support was
maintained by submitting documents such as audited
financial statements, financial institution records,
brokerage account statements, trust documents signed
by an attorney, or other verifiable evidence
acceptable to USCIS.

Initial Evidence Related to a Minister
If filing a petition on behalf of a minister, the prospective
employer must submit the following additional initial
evidence:
1. A copy of the alien's certificate of ordination or similar
documents reflecting acceptance of the alien's
qualifications as a minister in the religious denomination;
and
2. Documents reflecting:
A. Acceptance of the alien's qualifications as a minister
in the religious denomination;
B. The alien's completion in any course of prescribed
theological education at an accredited theological
institution normally required or recognized by that
religious denomination, including transcripts,
curriculum, and documentation that establishes that
the theological institution is accredited by the
denomination.

For denominations that do not require a prescribed
theological education, evidence of:

C. The denomination's levels of ordination, if any; and
D. The alien's completion of the denomination's
requirements for ordination.

Verification of Evidence
USCIS may verify the submitted evidence through any means
that USCIS determines as appropriate, up to and including an
on-site inspection. If USCIS decides to conduct a pre-approval
on-site inspection, satisfactory completion of the inspection
will be a condition for approval of any petition. The
inspection may include:
1.

A tour of the organization's facilities and, if appropriate,
the organization's headquarters or satellite locations;

An interview with the organization's officials;

A review of the organization's records related to
compliance with immigration laws and regulations; or

A visit to the locations where the alien will work or live.

Petition Only Required for an Alien in the
United States 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.

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DRAFT - Not For Production
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 than 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, that
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.

1. 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;
2. 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;
3. 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
4.

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.

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:

E Petition Requirements

1. An alien admitted under a visa waiver program;

The petition must be filed with evidence of:

2. An alien in transit (C) or in transit without a visa
(TWOV);

Form I-129 Instructions (Rev. 09/21/09)Y Page 16

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3. A crewman (D);

Extension of Stay

4. A fiancé(e) (K-1) or his or her dependent (K-2);

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 I-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.

5. 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);
6. A J-1 exchange visitor subject to the foreign residence
requirement who has not received a waiver of that
requirement; and
7. 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 United States 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-1B and 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:
1. A letter from the employer stating the activity to be
engaged in, the anticipated length of stay, and the
arrangements for remuneration;
2. 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); and
3. For citizens of Chile and Singapore, a U.S. Department of
Labor issued certified labor condition application.

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:
1. 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.
2. 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 two weeks.
3. 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:
1.

A letter describing the continuing employment;

The newly requested length of stay;

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3.
4.

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.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy (standard 8 1/2 x 11 letter size) may be
submitted. Original documents submitted when not required
will remain a part of the record.

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.

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.

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.

When to File?

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, indicate it 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.

Liability for Return Transportation

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.

Where to File?
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, 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.
Form I-129 Instructions (Rev. 09/21/09)Y Page 18

DRAFT - Not For Production
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 Premium Processing
at www.uscis.gov Web site to ensure the requested
classification is Premium eligible.

Regular Processing
Except for the classifications listed below, Form I-129 is filed
either at the California Service Center or Vermont Service
Center, depending on the location of the temporary
employment. Prior to submitting your form(s), note the
different addresses.
Exceptions: All Form I-129s filed for H-2A or R-1
classification must be filed at the California Service Center.
Additionally, H-1B employers filing petitions which are cap
exempt must file at the California Service Center. All Form
I-129s filed for E-3, H-1C, TN, or Free Trade Chile/Singapore
H-1B1 classification must be filed at the Vermont Service
Center. Form I-129s filed by major league sports must be sent
to the Vermont Service Center, regardless of the place of
temporary employment.
Failure to follow these instructions may result in your
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:
Alaska, Arizona, California, Commonwealth of Northern
Mariana Islands (CNMI), 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.
H-1B Extensions:
USCIS
California Service Center
ATTN: H-1B Extensions
P.O. Box 10129
Laguna Niguel, CA 92607-1012
H-2A Regular Mail Address:
USCIS
California Service Center
ATTN: H-2A Processing Unit
P.O. Box 10140
Laguna Niguel, CA 92607-1040

H-2A Courier Mail Address:
USCIS
California Service Center
ATTN: H-2A Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677
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, use the designated Premium Processing
address for the California Service Center, as indicated.
Form I-907/I-129 Regular Mailing Address:
Premium Processing Service
USCIS
California Service Center
P.O. Box 10825
Laguna Niguel, CA 92607
(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]

Form I-129 Instructions (Rev. 09/21/09)Y Page 19

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Vermont Service Center Filings

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

File Form I-129 with the Vermont 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.

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

Mail your package to:
For Regular Processing
H-1B Cap Cases:
USCIS
Vermont Service Center
ATTN: H-1B Cap
1A Lemnah Drive
St. Albans, VT 05479-0001

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

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
All other I-129 Cases:

Form I-907/I-129 E-Mail Address:
VSC-Premium.Processing @dhs.gov.

Exceptions
1.

Form I-129 Filed for Temporary Employment or Training
in More Than One 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.

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):

3. H-2A Classification for Temporary Agricultural
Workers: Mail the I-129 package to the designated
address at the California Service Center.
4.

R Classification for Temporary Religious
Workers.

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5.

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 the
Vermont Service Center, regardless of the place of
temporary employment.
Trade NAFTA (TN) for Nationals of Mexico and
Canada:
A. TN Extension or Change of Status for Nationals of
Canada or Mexico already in the United States: Mail
Form I-129 package to the Vermont Service Center,
regardless of where the TN Canadian or Mexican
national will be employed.
B. 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, visit
the U.S. Department of State's TN Visa website.
C. 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.

7. H-1B1 Singapore/Chile Free Trade:
A. Initial H-1B1 Classification under the Singapore/
Chile Free Trade Agreement for Beneficiaries
Outside the United States: 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.
B. 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.
8.

E-3 Australian Free Trade:
A. 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.
B. Initial E-3 Classification for Beneficiaries
Outside the United States: 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 Web site.

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.

What Is the Filing Fee?
The base filing fee for this petition is $320.
A U.S. employer filing Form I-129 for an H-1B nonimmigrant
or for a Chile or Singapore H-1B1 Free Trade Nonimmigrant
must submit the $320 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 or
$750.
A U.S. employer with a total of 25 or fewer full-time
equivalent employees in the United States (including any
affiliate or subsidiary of the employer) is only obligated to pay
the $750 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
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. The Save Our Small and Seasonal
Businesses Act of 2005 authorized this $150 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:

Form I-129 Instructions (Rev. 09/21/09)Y Page 21

DRAFT - Not For Production
1. If you live in Guam, make your check or money order
payable to the "Treasurer, Guam."
2. If you live in the U.S. Virgin Islands, make your check or
money order payable to the "Commissioner of Finance of
the Virgin Islands."

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. USCIS
will notify you of the decision in writing.

When preparing the check or money order, spell out
Department of Homeland Security. Do not use the initials
"DHS" or "USDHS."

Penalties

Checks are accepted, subject to collection. An uncollected
check will render the petition and any document issued
invalid. A charge of $30 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.
1. Visit our Web site at www.uscis.gov, scroll down to
"Immigration Forms," and check the appropriate fee, or
2. Review the Fee Schedule included in your form package,
if you called us to request the form, or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
Note: If your petition requires payment of a biometric service
fee for USCIS to take your fingerprints, photograph or
signature, you can use the same procedure to obtain the
correct biometric fee.

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.

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.

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.

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C.1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS verification of such
information.
The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you are seeking at any time. Our legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile or other
electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.
Form I-129 Instructions (Rev. 09/21/09)Y Page 22

DRAFT - Not For Production
Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information, that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action which may result in revocation or
termination of an approval.

USCIS 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 Web site at
www.uscis.gov.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 2 hours and 45
minutes per response (3 hours per response for Religious
Workers), including the time for reviewing instructions and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Products Division, 111 Massachusetts Avenue,
N.W., 3rd Floor, Suite 3008, Washington, DC 20529-2210,
OMB No. 1615-0009-2210. Do not mail your application to
this address.

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 Web site 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.

Form I-129 Instructions (Rev. 09/21/09)Y Page 23

File Type	application/pdf
File Title	Petition for a Nonimmigrant Worker
Author	USCIS
File Modified	2009-09-21
File Created	2008-09-09