Table of Changes for the “Form I-129”
OMB No. 1615-0009
August 25, 2010
Location |
Current Form I-129 |
Changes or Description |
Page 1, Top Right Corner |
For USCIS Use Only
Returned [text box] Date [text box] Date [text box] Resubmitted [text box] Date [text box] Date [text box] Reloc Sent [text box] Date [text box] Date [text box] Reloc Rec’d [text box] Date [text box] Date [text box] □Petitioner Interviewed on_____ [text box] □Beneficiary Interviewed on___ [text box]
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Delete “For USCIS Only” and all boxes to the left of the “Receipt” box:
Receipt [reduce size of box to 3inx2in –large enough to fit a barcode label]
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Page 1, Under “Receipt” box |
Class: ___________ # of Workers: ___________ Priority Number: ___________ Validity Dates: ___________ From: _________ To: _________ |
Class: ___________ # of Workers: ___________ Job Code: ___________ Validity Dates: From: ___________ To: ___________
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Page 1, Bottom Right |
To Be Completed by Attorney or Representative, if any, □ Fill in box if G-28 is attached to represent the applicant.
ATTY State License #: |
Delete this entire section & enlarge the “Action Block” box to fit stamp size. |
Page 1, Part 1.2 |
Part 1. Information About the Employer Filing This Petition (If the employer is an individual, complete Number 1. Organizations should complete Number 2.)
2. Company or Organization Name [text box]
Telephone No. w/Area Code [text box: ( ) ]
Mailing Address: (Street Number and Name) [text box]
Suite # [text box]
C/O: (In Care Of) [text box]
City [Text box]
State/Province [Text box]
Country [Text box]
Zip/Postal Code [Text box]
E-Mail Address (if Any) [Text box]
Federal Employer Identification # [Text box]
U.S. Social Security # [Text box]
Individual Tax # [Text box]
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Part 1. Petitioner Information. Information About the Employer Filing This Petition (If the employer is an individual, complete Number 1; Organizations complete Number 2.) Please use the mailing address of the petitioner.
1. Legal Name of Employer: [text box]
“C/O” line moved above line with “Mailing Address” and “Suite #”; Also “Zip/Postal Code” moved to same line as “City” & “State/Province” to allow for more space for “E-Mail Address”:
2. Company or Organization Name [text box]
Telephone No. w/Area Code [text box: ( ) ]
C/O: (In Care Of) [text box]
Mailing Address: (Street Number and Name) [text box]
Suite # [text box]
City [Text box]
State/Province [Text box]
Zip/Postal Code [Text box]
Country [Text box]
E-Mail Address [Text box]
Federal Employer Identification # [Text box]
U.S. Social Security # [Text box]
Individual Tax # [Text box]
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Page 1, Part 2.2 |
a. □ New employment (including new employer filing H-1B extension). |
Item 2.a now reads: a. □ New employment. |
Page 1, Part 2.3 |
3. If you checked Box 2b, 2c, 2d, 2e, or 2f, give the petition receipt number. [text box] |
3. Provide the most recent petition/application receipt number for the beneficiary. If none exists, indicate “N/A.” [text box] |
Page 1, Part 2.4 |
4. Prior Petition. If the beneficiary is in the U.S. as a nonimmigrant and is applying to change and/or extend his or her status, give the prior petition or application receipt number: [text box] |
[Delete this question] |
Page 1, Part 2.5 |
Requested Action section is currently on page 1. |
Requested Action section moved to page 2. |
Page 1, Part 2.5 |
5. Requested Action (Check one): a. □ Notify the office in Part 4 so the person(s) can obtain a visa or be admitted. (NOTE: a petition is not required for an E-1 or E-2 visa) b. □ Change the person(s) status and extend their stay since the person(s) are all now in the U.S. in another status (see instructions for limitations). This is available only where you check “New Employment” in Item 2, above. c. □ Extend the stay of the person(s) since they now hold this status. d. □ Amend the stay of the person(s) since they now hold this status. e. □ Extend the status of a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and H1B1 to Form I-129). f. □ Change status to a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and H1B1 to Form I-129). |
4. Requested Action (Check one): a. □ Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (NOTE: a petition is not required for an E-1, E-2, H-1B1 Chile/Singapore, or TN visa)
b. □ Change each beneficiary’s status and extend their stay since he, she or they are all now in the U.S. in another status (see instructions for limitations). This is available only where you check “New Employment” in Item 2, above.
c. □ Extend the stay of each beneficiary since he, she, or they now hold this status.
d. □ Amend the stay of each beneficiary since he, she, or they now hold this status.
e. □ Extend the status of a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and H-1B1 to Form I-129).
f. □ Change status to a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and H-1B1 to Form I-129).
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Page 1, Part 2.6 |
6. Total number of workers in petition (See instructions relating to when more than one worker can be included): [text box] |
5. Total number of workers in petition (See instructions relating to when more than one worker can be included): [text box] |
Page 2, Part 3.2 |
Part 3. Information about the person(s) you are filing for Complete the blocks below. Use the continuation sheet to name each person included in this petition.
Current form has no place to capture EAD#, SEVIS#.
1. If an Entertainment Group, Give the Group Name
Family Name (Last Name) [Text box]
Given Name (First Name) [Text box]
Full Middle Name [Text box]
All Other Names Used (include maiden name and names from all previous marriages) [Text box]
Date of Birth (mm/dd/yyyy) [Text box]
U.S. Social Security Number (if any) [Text box]
************
If in the U.S.
Date of Last Arrival (mm/dd/yyyy) [Text box]
I-94 # (Arrival-Departure Document) [Text box]
Current Nonimmigrant Status [Text box]
Date Status Expires (mm/dd/yyyy) [Text box]
Passport Number [Text box]
Date Passport Issued (mm/dd/yyyy) [Text box]
Date Passport Expires (mm/dd/yyyy) [Text box]
Current U.S. Address [Text box]
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Part 3. Beneficiary Information: Information about the beneficiary/beneficiaries you are filing for. Complete the blocks below. Use the continuation sheet to name each beneficiary included in this petition.
Add boxes to capture Gender, EAD# and SEVIS#:
1. If an Entertainment Group, Give the Group Name [Text box]
Family Name (Last Name) [Text box]
Given Name (First Name) [Text box]
Full Middle Name [Text box]
All Other Names Used (include aliases, maiden name and names from all previous marriages) [Text box]
Date of Birth (mm/dd/yyyy) [Text box]
Gender: □ Male □ Female
U.S. Social Security Number (if any) [Text box]
************
If in the U.S.
Date of Last Arrival (mm/dd/yyyy) [Text box]
I-94 # (Arrival-Departure Document) [Text box]
Current Nonimmigrant Status [Text box]
Date Status Expires (mm/dd/yyyy or D/S ) [Text box]
Student & Exchange Visitor Information System (SEVIS) # (if any) [Text box]
Employment Authorization Document (EAD) # (if any) [Text box]
Passport Number [Text box]
Date Passport Issued (mm/dd/yyyy) [Text box]
Date Passport Expires (mm/dd/yyyy) [Text box]
Current U.S. Address (if applicable) [Text box]
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Page 2, Part 4 |
Processing Information section is currently on page 2. |
Processing Information section moved to page 3. |
Page 3, Part 4 |
Processing information contains 10 questions.
1. If the person named in Part 3 is outside the United States or a requested extension of stay or change of status cannot be granted, give the U.S. consulate or inspection facility you want notified if this petition is approved. a. Type of Office (Check one): □ Consulate □ Pre-flight inspection □ Port of entry
b. Office Address (City) [Text box]
c. U.S. State or Foreign Country [Text box]
d. Person’s Foreign Address [Text box]
2. Does each person in this petition have a valid passport? □ Not Required to have a passport □ No-Go to Page 7, Part 9 and write your explanation □ Yes
3. ******
4. ******
5. ******
6. Is any person in this petition in removal proceedings? □ No □ Yes-explain on Page 8, Part 10
7. Have you ever filed an immigrant petition for any person in this petition? □ No □ Yes-explain on Page 8, Part 10
8. If you indicated you were filing a new petition in Part 2, within the past seven years has any person in this petition: a. Ever been given the classification you are now requesting? □ No □ Yes-explain on Page 8, Part 10 b. Ever been denied the classification you are now requesting? □ No □ Yes-explain on Page 8, Part 10
9. Have you ever previously filed a petition for this person? □ No □ Yes-explain on Page 8, Part 10
10. If you are filing for an entertainment group, has an person in this petition not been with the group for at least one year? □ No □ Yes-explain on Page 8, Part 10
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Two new questions inserted: 1. If the beneficiary or beneficiaries named in Part 3 is/are outside the United States or a requested extension of stay or change of status cannot be granted, state the U.S. consulate or inspection facility you want notified if this petition is approved. a. Type of Office (Check one): □ Consulate □ Pre-flight inspection □ Port of entry
b. Office Address (City) [Text box]
c. U.S. State or Foreign Country [Text box]
d. Beneficiary’s Foreign Address [Text box]
2. Does each person in this petition have a valid passport? □ Not Required to have a passport □ No-Go to Page 7, Part 9 and write your explanation □ Yes
3. ******
4. ******
5. ******
6. Is any beneficiary in this petition in removal proceedings? □ No □ Yes-explain on Page 7, Part 9
7. Have you ever filed an immigrant petition for any beneficiary in this petition? □ No □ Yes-explain on Page 7, Part 9
8. If you indicated you were filing a new petition in Part 2, within the past seven years has any beneficiary in this petition: a. Ever been given the classification you are now requesting? □ No □ Yes-explain on Page 7, Part 9
b. Ever been denied the classification you are now requesting? □ No □ Yes-explain on Page 7, Part 9
9. Have you ever previously filed a petition for this beneficiary? □ No □ Yes-explain on Page 7, Part 9
10. If you are filing for an entertainment group, has any beneficiary in this petition not been with the group for at least one year? □ No □ Yes-explain on Page 7, Part 9
11a. Has any beneficiary in this petition ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange visitor? □ No □ Yes
11b. If yes to 11a., provide the dates the beneficiary maintained status as a J-1 exchange visitor or J-2 dependent. Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility for Exchange Visitor status, a Form IAP-66, or a copy of the passport that includes the J visa stamp. |
Page 3, Part 5 |
1. Job Title [Box for text]
2. Nontechnical Job Description [Box for text]
3. LCA Case Number [Box for text]
4. NAICS Code [Box for text]
5. Address where the person(s) will work if different from the address in Part 1. (Street number and name, city/town, state, zip code) [Box for text]
6. Is this a full-time position? □ No – Hours per week: [box for text] □ Yes – Wages per week or per year: [box for text]
7. Other Compensation (Explain) [Box for text]
8. Dates of intended employment (mm/dd/yyyy): From: [Box for text] To: [Box for text] |
1. Job Title [Box for text]
2. LCA or ETA Case Number [Box for text]
3. Address where the beneficiary(ies) will work if different from the address in Part 1. (Street number and name, city/town, state, zip code) [box for text]
4. Is an itinerary included with the petition? □ No □ Yes
5. Will the beneficiary work off-site? □ No □ Yes
6. Will the beneficiary(ies) work exclusively in the CNMI? □ No □ Yes
7. Is this a full-time position? □ No □ Yes – Hours per week: [box for text]
8. Wages per week or per year: [box for text]
9. Other Compensation (Explain) [Box for text]
10. Dates of intended employment (mm/dd/yyyy): From: [Box for text] To: [Box for text] |
Page 3, Part 5 |
9. Type of Petitioner – Check one: □ U.S. citizen or permanent resident □ Organization □ Other – explain on a separate paper
10. Type of Business [Box for text]
11. Year Established [Box for text]
12. Current Number of Employees [Box for text]
13. Gross Annual Income [Box for text]
14. Net Annual Income [Box for text] |
Current item 9, “Type of Petitioner” removed, section now reads:
11. Type of Business [Box for text]
12. Year Established [Box for text]
13. Current Number of Employees in the U.S. [Box for text]
14. Gross Annual Income [Box for text]
15. Net Annual Income [Box for text] |
Page 6, following Part 5 |
Section not on current form. |
Insert a new section after Part 6:
Part 6. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States. (For H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitions only. This section of the form is not required for all other classifications. See Page 3 of the Instructions before completing this section.)
Check Box 1 or Box 2 as appropriate:
With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that: □ 1. A license is not required from either U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person; or
□ 2. A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary. |
Page 4, Part 6 |
Part 6. Signature Read the information on penalties in the instructions before completing this section. |
Renumber Part 6 to read:
Part 7. Signature Read the information on penalties in the instructions before completing this section. |
Page 4, Part 6 |
Currently reads:
I certify, under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it is all true and correct. If filing this on behalf of an organization, I certify that I am empowered to do so by the organization. If this petition is to extend a prior petition, I certify that the proposed employment is under the same terms and conditions as stated in the prior approved petition. I authorize the release of any information from my records, or from the petitioning organization’s records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. |
Add wording so certification now reads:
I certify, under penalty of perjury, that this petition and the evidence submitted with it are true and correct to the best of my knowledge. I authorize the release of any information from my records, or from the petitioning organization’s records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I recognize the authority of USCIS to conduct audits of this petition using publicly available open source information. I also recognize that supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.
If filing this petition on behalf of an organization, I certify that I am authorized to do so by the organization. |
Page 4, Part 7 |
Part 7. Signature of person preparing form, if other than above
I declare that I prepared this petition at the request of the above person and it is based on all information of which I have any knowledge. |
Move this section to page 5 and renumber to read:
Part 8. Signature of person preparing form, if other than above
I declare that I prepared this petition at the request of the above person and I certify that it is true and correct to the best of my knowledge. |
Page 4, following Part 8 |
Section not currently on Form. |
Insert a new section after Part 8:
Part 9. Explanation Page
Signature. [Text box] Date. [Text box]
|
Pages 5-6, E Supplement |
Currently pages 5-6 |
Now pages 6-7 |
Page 5, E Supplement |
Currently entitled E Classification Supplement to Form I-129. |
E Classification Supplement to form I-129 has been renamed E-1/E-2 Classification Supplement to Form I-129 and is now page 6. |
Page 5, E Supplement, Section 1 |
1. Name of person or organization filing petition: [Text box]
2. Name of person for whom you are filing: [Text box]
3. Classification sought (Check one): □ E-1 Treaty Trader □ E-2 Treaty Investor
********
|
1. Name of the petitioner: [Text box]
2. Name of the beneficiary: [Text box]
3. Classification sought (Check one): □ E-1 Treaty Trader □ E-2 Treaty Investor □ E-2 CNMI Treaty Investor ********
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Page 5, E Supplement, Section 2 |
******** 7. Staff in United States a. How many executive and/or managerial employees does petitioner have who are nationals of the treaty country in either E or L status? [Text box] b. How many specialized qualifications or knowledge persons does the petitioner have who are national of the treaty country in either E or L status? [Text box] c. Provide the total number of employees in executive or managerial positions in the United States. [Text box] d. Provide the total number of specialized qualifications or knowledge persons positions in the United States. [Text box]
8. Total number of employees the alien would supervise; or describe the nature of the specialized skills essential to the U.S. company. [Text box]
******** |
******** 7. Staff in United States a. How many executive and/or managerial employees does the petitioner have who are nationals of the treaty country in either E or L nonimmigrant status? [Text box]
b. How many persons with special qualifications does the petitioner employ who are in either E or L nonimmigrant status? [Text box]
c. Provide the total number of employees in executive or managerial positions in the United States. [Text box]
d. Provide the total number of specialized qualifications or knowledge persons positions in the United States. [Text box]
8. Total number of employees the beneficiary would supervise; or describe the nature of the special qualifications which are essential to the successful or efficient operation of the treaty enterprise. [Text box]
********
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Page 7, Nonimmigrant Classification Based on Free Trade Agreement-Supplement, Section 1 |
Currently page 7
Nonimmigrant Classification Based on Free Trade Agreement, Supplement to Form I-129
1. Name of person or organization filing petition: [Text box]
2. Name of person you are filing for: [Text box]
******* 1. This is a request for an extension of Free Trade status based on (Check one): □ a. Free Trade, Canada (TN) □ b. Free Trade, Chile (H1B1) □ c. Free Trade, Mexico (TN) □ d. Free Trade, Singapore (H1B1) □ e. Free Trade, Other □ f. I am an H-1B1 Free Trade Nonimmigrant from Chile or Singapore and this is my sixth consecutive request for an extension.
2. This is a request for a change of nonimmigrant status to (Check one): □ a. Free Trade, Canada (TN1) □ b. Free Trade, Chile (H1B1) □ c. Free Trade, Mexico (TN2) □ d. Free Trade, Singapore (H1B1) □ e. Free Trade, Other □ f. I am an H-1B1 Free Trade Nonimmigrant from Chile or Singapore and this is my first request for a change of status to H-1B1 within the past six years.
******* |
Now page 8 Trade Agreement Supplement to Form I-129
1. Name of the petitioner: [Text box]
2. Name of the beneficiary: [Text box]
******* 1. This is a request for Free Trade status based on (Check one): □ a. Free Trade, Canada (TN1) □ b. Free Trade, Mexico (TN2) □ c. Free Trade, Chile (H-1B1) □ d. Free Trade, Singapore (H-1B1) □ e. Free Trade, Other □ f. A sixth consecutive request for Free Trade, Chile or Singapore (H-1B1)
[Delete #2]
******* |
Pages 8-12, H Supplement |
Currently pages 8-12. |
Now pages 9-13. |
Pages 7-9, H Supplement |
1. Name of person or organization filing petition: [Text box]
2. Name of person or total number of workers or trainees you are filing for: [Text box]
3. List each alien’s prior periods of stay in H or L classification in the United States for the last six years (aliens requesting H-2A or H-2B classification need only list the last three years). Be sure to only list those periods in which each alien was actually in the United States in an H or L classification. Do not include periods in which the alien was in a dependent status, for example, H-4 or L-2 status.
*******
4. Classification sought (Check one)
□ H-1B1 Specialty Occupation □ H-1B2 Exceptional services relating to a cooperative research and development project administered by the U.S. Department of Defence (DOD) □ H-1B3 Fashion model of national or international acclaim □ H-2A Agricultural worker □ H-2B Non-agricultural worker □ H-3 Trainee □ H-3 Special education exchange visitor program |
1. Name of the petitioner: [Text box]
2. Name of the beneficiary or if this petition includes multiple beneficiaries, the total number of beneficiaries: [Text box]
3. List each beneficiary’s prior periods of stay in H or L classification in the United States for the last six years (beneficiaries requesting H-2A or H-2B classification need only list the last three years). Be sure to only list those periods in which each beneficiary was actually in the United States in an H or L classification. Do not include periods in which the beneficiary was in a dependent status, for example, H-4 or L-2 status.
*******
4. Classification sought (Check one)
□ H-1B Specialty Occupation □ H-1B2 Exceptional services relating to a cooperative research and development project administered by the U.S. Department of Defense (DOD) □ H-1B3 Fashion model of national or international acclaim □ H-1C Registered Nurse. □ H-2A Agricultural worker □ H-2B Non-agricultural worker □ H-3 Trainee □ H-3 Special education exchange visitor program
5. Are you filing this petition on behalf of an alien subject to the Guam-CNMI cap exemption under Public Law 110-229?
□ No □ Yes
|
Pages 7-9, H Supplement, Section 1 |
******** 2. Alien’s present occupation and summary of prior work experience [Text box]
Statement for H-1B specialty occupation only:
By filing this petition, I agree to the terms of the labor condition application for the duration of the alien’s authorized period of stay for H-1B employment.
********
Statement for H-1B specialty occupations and U.S. Department of Defense projects:
As an authorized official of the employer, I certify that the employer will be liable for the reasonable costs of return transportation of the alien abroad if the alien is dismissed from employment by the employer before the end of the period of authorized stay.
**********
Statement for H-1B U.S. Department of Defense projects only:
I certify that the alien will be working on a cooperative research and development project or a co-production project under a reciprocal government-to-government agreement administered by the U.S. Department of Defense.
********** |
******** 2. Beneficiary’s present occupation and summary of prior work experience [Text box]
Statement for H-1B specialty occupation only:
By filing this petition, I agree to, and will abide by, the terms of the labor condition application (LCA) for the duration of the beneficiary’s authorized period of stay for H-1B employment. I certify that I will maintain a valid employer-employee relationship with the beneficiary at all times. If the beneficiary is assigned to a position in a new location, I will obtain and post an LCA for that site prior to reassignment.
********
Statement for H-1B specialty occupations and U.S. Department of Defense projects:
As an authorized official of the employer, I certify that the employer will be liable for the reasonable costs of return transportation of the alien abroad if the beneficiary is dismissed from employment by the employer before the end of the period of authorized stay.
**********
Statement for H-1B U.S. Department of Defense projects only:
I certify that the beneficiary will be working on a cooperative research and development project or a co-production project under a reciprocal government-to-government agreement administered by the U.S. Department of Defense.
********** |
Page 9 |
Add new section before Section 2. (and renumber subsequent Sections in this supplement). |
Section 2. Complete this section if filing for H-1C classification
I certify under penalty of perjury, under the laws of the United States of America, that this attachment and the evidence submitted with it is true and correct. If filing this petition on behalf of an organization or entity, I certify that I am empowered to do so by that organization or entity. I authorize the release of any information from my records, or from the petitioning organization or entity’s records, that U.S. Citizenship and Immigration Services may need to determine eligibility for the benefit being sought.
Signature [Insert text box]
Print Name [Insert text box]
Title [Insert text box]
Date (mm/dd/yyyy) [Insert text box]
Firm Name and Address [Insert text box]
|
Pages 7-9, H Supplement, Section 3 |
Current section:
Section 2. Complete this section if filing for H-2A or H-2B classification
*******
3. Explain your temporary need for the alien’s services (attach a separate sheet if additional space is needed.)
*******
10. If you are an H-2A petitioner, are you a participant in the E-Verify Program?
□ Yes □ No
If “Yes,” E-Verify Company ID or Client Company ID: ________________
The H-2A/H-2B petitioner and each employer consent to allow government access to the site where the labor is being performed for the purpose of determining compliance with H-2A/H-2B requirements. The petitioner further agrees to notify DHS beginning on a date and in a manner specified in a notice published in the Federal Register within 2 workdays if: an H-2A/H-2B worker fails to report for work within 5 workdays after the employment start date stated on the petition or, applicable to H-2A petitioners only, within 5 workdays of the start date established by the petitioner, whichever is later; the agricultural labor or services for which H-2A/H-2B workers were hired is completed more than 30 days early; or the H-2A/H-2B worker absconds from the worksite or is terminated prior to the completion of agricultural labor or services for which he or she was hired. The petitioner agrees to retain evidence of such notification and make it available for inspection by DHS officers for a one-year period. “Workday” means the period between the time on any particular day when such employee commences his or her principal activity and the time on that day at which he or she ceases such principle activity or activities.
*******
|
Move this section to begin at top of p. 10 and renumber to read:
Section 3. Complete this section if filing for H-2A or H-2B classification
*******
3. Explain your temporary need for the beneficiary’s or beneficiaries’ services (attach a separate sheet if additional space is needed.)
******* 10. If you are an H-2A petitioner, are you a participant in the E-Verify Program?
□ No □ Yes
If “Yes,” E-Verify Company ID or Client Company ID: ________________
The H-2A/H-2B petitioner and each employer consent to allow government access to the site where the labor is being performed for the purpose of determining compliance with H-2A/H-2B requirements. The petitioner further agrees to notify DHS beginning on a date and in a manner specified in a notice published in the Federal Register within 2 workdays if: an H-2A/H-2B worker fails to report for work within 5 workdays after the employment start date stated on the petition or, applicable to H-2A petitioners only, within 5 workdays of the start date established by the petitioner, whichever is later; the agricultural labor or services for which H-2A/H-2B workers were hired is completed more than 30 days early; or the H-2A/H-2B worker absconds from the worksite or is terminated prior to the completion of agricultural labor or services for which he or she was hired. The petitioner agrees to retain evidence of such notification and make it available for inspection by DHS officers for a one-year period. “Workday” means the period between the time on any particular day when such employee commences his or her principal activity and the time on that day at which he or she ceases such principal activity or activities.
*******
|
Pages 7-9, H Supplement, Section 4 |
Current section:
Section 3. Complete this section if filing for H-3 classification
1. If you answer “yes” to any of the following questions, attach a full explanation. a. Is the training you intend to provide, or similar training, available in the alien’s country? □ No □ Yes b. Will the training benefit the alien in pursuing a career abroad? □ No □ Yes c. Does the training involve productive employment incidental to training? □ No □ Yes d. Does the alien already have skills related to the training? □ No □ Yes e. Is this training an effort to overcome a labor shortage? □ No □ Yes f. Do you intend to employ the alien abroad at the end of this training? □ No □ Yes 2. If you do not intend to employ this person abroad at the end of this training, explain why you wish to incur the cost of providing this training and your expected return from this training? [Text box] |
Move this section to begin at top of p. 13 and renumber to read:
Section 4. Complete this section if filing for H-3 classification
1. If you answer “yes” to any of the following questions, attach a full explanation. a. Is the training you intend to provide, or similar training, available in the beneficiary’s country? □ No □ Yes
b. Will the training benefit the beneficiary in pursuing a career abroad? □ No □ Yes
c. Does the training involve productive employment incidental to training? If yes, please explain the amount of compensation the beneficiary will receive and what percentage of time he or she will spend in employment versus the classroom on Page 7, Part 9. □ No □ Yes
d. Does the beneficiary already have skills related to the training? □ No □ Yes
e. Is this training an effort to overcome a labor shortage? □ No □ Yes
f. Do you intend to employ the beneficiary abroad at the end of this training? □ No □ Yes
2. If you do not intend to employ the beneficiary abroad at the end of this training, explain why you wish to incur the cost of providing this training and your expected return from this training? [Text box] |
Pages 13-15, H1B Data Collection and Filing Fee Exemption Supplement |
Currently pages 13-15. |
Now pages 15-17. |
Pages 13-15 |
Part A. General Information
1. Employer Information – (check all items that apply) a. Is the petitioner a dependent employer? □ No □ Yes b. Has the petitioner ever been found to be a willful violator? □ No □ Yes c. Is the beneficiary an exempt H-1B nonimmigrant? □ No □ Yes 1. If yes, is it because the beneficiary’s annual rate of pay is equal to at least $60,000? □ No □ Yes 2. Or is it because the beneficiary has a master’s or higher degree in a speciality related to the employment? □ No □ Yes d. Has the petitioner received TARP funding? □ No □ Yes
******
2. Beneficiary’s Last Name *****
3. Beneficiary’s Highest Level of Education (Check on box below) *******
4. Major/Primary Field of Study [29-digit text box]
5. Has the beneficiary of this petition 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)? ******
6. Rate of Pay Per Year [text box]
7. LCA Code [3-digit text box]
8. NAICS Code [six-digit text box]
Part B. Fee Exemption and/or Determination
In order for USCIS to determine if you must pay the additional $1,500 or $750 fee, answer all of the following questions:
1. □ Yes □ No Are you an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)?
2. □ Yes □ No Are you a nonprofit organization or entity related to or affiliated with an institution of higher education, as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C section 1001(a)?
******** 4. □ Yes □ No Is this the second or subsequent request for an extension of stay that you have filed for this alien?
5. □ Yes □ No Is this an amended petition that does not contain any request for extension of stay?
6. □ Yes □ No Are you filing this petition in order to correct a USCIS error?
7. □ Yes □ No Is the petitioner a primary or secondary education institution?
8. □ Yes □ No Is the petitioner a non-profit entity that engages in an established curriculum-related clinical training of students register at such an institution?
If you answered “Yes” to any of the questions above, then you are required to submit the fee for your H-1B Form I-129 petition, which is $320. If you answered “No” to all questions, please answer Question 9.
9. □ Yes □ No Do you currently employ a total of no more than 25 full-time equivalent employees in the United States, including any affiliate or subsidiary of your company?
If you answered “Yes” to Question 9 above, then you are required to pay an additional fee of ACWIA fee of $750. If you answered “No”, then you are required to pay an additional fee of $1,500.
NOTE: 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 an additional $500 fee. This additional $500 Fraud Prevention and Detection fee was mandated by the provisions of the H-1B Visa Reform Act of 2004. There is no exemption from this fee.
Part C. Numerical Limitation Information
1. □ Yes □ No Are you an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)?
2. □ Yes □ No Are you a nonprofit organization or entity related to or affiliated with institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)?
3. □ Yes □ No Are you a nonprofit research organization or governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)?
4. □ Yes □ No Is the beneficiary of this petition a J-1 nonimmigrant anlien who received a waiver of the two-year foreign residency requirement described in section 214(l)(1)(B) or (C) of the Act?
5. □ Yes □ No Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?
6. □ Yes □ No If the petition is to request a change of employer, did the beneficiary previously work as an H-1B for an institution of higher education, an entity related to or affiliated with an institution of higher education, or a nonprofit research organization or governmental research institution defined in questions 1, 2, and 3 of Part C of this form?
7. □ Yes □ No Has the beneficiary earned a master’s or higher degree from a U.S. institution of higher education, as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)? |
Part A. General Information
1. Employer Information – (check all items that apply) a. Is the petitioner an H-1B dependent employer? □ No □ Yes b. Has the petitioner ever been found to be a willful violator? □ No □ Yes c. Is the beneficiary an H-1B nonimmigrant exempt from the Dept. of Labor attestation requirements? □ No □ Yes 1. If yes, is it because the beneficiary’s annual rate of pay is equal to at least $60,000? □ No □ Yes 2. Or is it because the beneficiary has a master’s or higher degree in a specialty related to the employment? □ No □ Yes d. Has the petitioner received TARP funding (please provide explanation on Page 7, Part 9 if the answer is yes but the petitioner has subsequently repaid all TARP funding)? □ No □ Yes e. Does the petitioner employ 50 or more individuals in the U.S.? □ No □ Yes If yes, are more than 50% of those employees in H-1B, L-1 or L-2 nonimmigrant status? □ No □ Yes
******
2. Beneficiary’s Highest Level of Education (Check on box below) *******
3. Major/Primary Field of Study [insert a regular text box]
4. Rate of Pay Per Year [text box]
5. DOT Code [3-digit text box]
Part B. Fee Exemption Determination
In order for USCIS to determine if you must pay the additional $1,500 or $750 American Competitiveness and Workforce Improvement Act (ACWIA) fee, answer all of the following questions:
1. □ No □ Yes Are you an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a)?
2. □ No □ Yes Are you a nonprofit organization or entity related to or affiliated with an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a)?
***** 4. □ No □ Yes Is this the second or subsequent request for an extension of stay that you have filed for this beneficiary?
5. □ No □ Yes Is this an amended petition that does not contain any request for extension of stay?
6. □ No □ Yes Are you filing this petition in order to correct a USCIS error?
7. □ No □ Yes Is the petitioner a primary or secondary education institution?
8. □ No □ Yes Is the petitioner a non-profit entity that engages in an established curriculum-related clinical training of students register at such an institution?
If you answered “Yes” to any of the questions above, then you are only required to submit the fee for your H-1B Form I-129 petition. If you answered “No” to all questions, please answer Question 9.
9. □ No □ Yes Do you currently employ a total of no more than 25 full-time equivalent employees in the United States, including any affiliate or subsidiary of your company?
If you answered “Yes” to Question 9 above, then you are required to pay an additional ACWIA fee of $750. If you answered “No,” then you are required to pay an additional ACWIA fee of $1,500.
NOTE: On or after March 8, 2005, a U.S. employer seeking initial approval of H-1B nonimmigrant status for a beneficiary, or seeking approval to employ an H-1B nonimmigrant currently working for another U.S. employer, must submit an additional $500 fee. This additional $500 Fraud Prevention and Detection fee was mandated by the provisions of the H-1B Visa Reform Act of 2004.
For petitions postmarked on or after August 14, 2010, through September 30, 2014, an additional fee of $2,000 must be submitted if you responded “yes” to both questions in 1e of Part A of this supplement. This $2,000 fee was mandated by the provisions of Public Law 111-230 and should be submitted by separate check or money order.
The Fraud Prevention and Detection Fee and the Public Law 111-230 fee do not apply to H-1B1 petitions. These fees, when applicable, may not be waived. You must include payment of the fee(s) with your submission of this form. Failure to submit the fee(s) when required will result in rejection or denial of your submission. Each of these fee(s) should be paid by separate check(s) or money order(s).
Part C. Numerical Limitation Information
1. Specify how this petition should be counted against the H-1B numerical limitation (aka. the H-1B “CAP”). (Check one):
a. □ CAP H-1B Bachelor’s Degree b. □ CAP H-1B U.S. Master’s Degree or Higher c. □ CAP H-1B1 Chile/Singapore d. □ CAP Exempt
2. If you answered question 1b. “CAP H-1B U.S. Master’s Degree or Higher,” provide the following information regarding the master’s or higher degree the beneficiary has earned from a U.S. institution as defined in 20 U.S.C. 1001(a):
Name of the U.S. institution of higher education: [text box]
Date Degree Awarded [text box]
Type of U.S. Degree [text box]
Address of the U.S. institution of higher education [text box]
3. If you answered question 1d. “CAP Exempt,” you must specify the reason(s) this petition is exempt from the numerical limitation for H-1B classification:
|
|
|
Off-site Assignment of H-1B Beneficiaries □ No □ Yes a. The beneficiary of this petition will be assigned to work at an off-site location for all or part of the period for which H-1B classification is sought. □ No □ Yes b. Placement of the beneficiary off-site during the period of employment will comply with the statutory and regulatory requirements of the H-1B nonimmigrant classification □ No □ Yes c. The beneficiary will be paid the higher of the prevailing or actual wage at any and all off-site locations.
|
Pages 16-17, L Supplement |
Currently pages 16-17. 1. Name of person or organization filing petition: [Text box] 2. Name of person you are filing for: [Text box] 3. This petition is (Check one): a. □ An individual petition b. □ A blanket petition Section 1. Complete This Section if Filing For an Individual Petition ******* 2. List the alien’s and any dependent family member’s prior periods of stay in an H or L classification in the United States for the last seven years. Be sure to list only those periods in which the alien and/or family members were actually in the U.S. in an H or L classification. NOTE: Submit photocopies of Forms I-94, I-797 and/or other USCIS issued documents noting these periods of stay in the H or L classification. If more space is needed, attach an additional sheet(s).
********
4. Address of employer abroad (Street number and name, city/town, state/province, zip/postal code). [text box]
5. Dates of alien’s employment with this employer. Explain any interruptions in employment. [Text box]
6. Description of the alien’s duties for the past three years. [Text box]
7. Description of the alien’s proposed duties in the United States. [Text box]
8. Summary of the alien’s education and work experience. [Text box]
****** 10. Describe the stock ownership and managerial control of each company. Provide the U.S. Tax Code Number for each company.
Company stock ownership and managerial control of each company [text boxes]
U.S. Tax Code Number [text boxes]
******
12. Is the alien coming to the United States to open a new office? [Text box]
Section 3. Fraud Prevention and Detection Fee
On or after March 8, 2005, a U.S. employer seeking initial approval of L nonimmigrant status for a beneficiary, or seeking approval to employ an L nonimmigrant currently working for another U.S. employer, must submit an additional $500 fee. This additional $500 Fraud Prevention and Detection fee was mandated by the provisions of the H-1B Visa Reform Act of 2004. There is no exemption from this fee. You must include payment of this $500 fee with your submission of this form. Failure to submit the fee when required will result in rejection or denial of your submission. |
Now pages 1 8-19. 1. Name of the petitioner: [Text box] 2. Name of beneficiary: [Text box] 3. This petition is (Check one): a. □ An individual petition b. □ A blanket petition 4. a. Does the petitioner employ 50 or more individuals in the U.S.? □ No □ Yes b. If yes, are more than 50% of those employees in H-1B, L-1 or L-2 nonimmigrant status? □ No □ Yes
Section 1. Complete This Section if Filing For an Individual Petition ******* 2. List the beneficiary’s and any dependent family member’s prior periods of stay in an H or L classification in the United States for the last seven years. Be sure to list only those periods in which the beneficiary and/or family members were physically present in the U.S. in an H or L classification. NOTE: Submit photocopies of Forms I-94, I-797 and/or other USCIS issued documents noting these periods of stay in the H or L classification. If more space is needed, attach an additional sheet(s).
****** 4. Address of employer abroad: Street number [text box] City/Town [text box] State/Province [text box] Country [text box] Zip/Postal Code. [text box]
5. Dates of beneficiary’s employment with this employer. Explain any interruptions in employment. [Text box]
6. Description of the beneficiary’s duties abroad for the three years preceding the filing of the petition. (If the beneficiary is currently employed by the petitioner, describe the beneficiary’s duties abroad for the three years preceding the beneficiary’s admission to the U.S.) [Text box]
7. Description of the beneficiary’s proposed duties in the United States. [Text box]
8. Summary of the beneficiary’s education and work experience. [Text box]
[DELETE 1 & 2 ON THE TOP OF DRAFT PAGE 22]
******* 10. Describe the stock ownership and managerial control of each company that has a qualifying relationship. Provide the Federal Employer Identification Number for each U.S. company that has a qualifying relationship.
Company stock ownership and managerial control of each company that has a qualifying relationship
[text boxes]
Federal Employer Identification Number for each U.S. company that has a qualifying relationship [text boxes]
******
12. Is the beneficiary coming to the United States to open a new office? [Text box]
Section 3. Additional Fees
NOTE: On or after March 8, 2005, a U.S. employer seeking initial approval of L nonimmigrant status for a beneficiary, or seeking approval to employ an L nonimmigrant currently working for another U.S. employer, must submit an additional $500 fee. This additional $500 Fraud Prevention and Detection fee was mandated by the provisions of the H-1B Visa Reform Act of 2004.
For petitions postmarked on or after August 14, 2010, through September 30, 2014, an additional fee of $2,250 must be submitted if you responded “yes” to both questions 4a and 4b at the top of this supplement. This $2,250 fee was mandated by the provisions of Public Law 111-230 and must be submitted by separate check or money order.
These fees, when applicable, may not be waived. You must include payment of the applicable fee(s) with your submission of this form. Failure to submit the fee(s), when required, will result in rejection or denial of your submission. Each of these fee(s), if applicable, must be paid by separate check(s) or money order(s).
|
Page 18, O and P Supplement |
Currently page 18. |
Now page 20. |
Page 18, |
1. Name of the person or organization filing petition: [Text box]
2. Name of person or group or total number of workers you are filing for: [Text box]
3. Classification sought (Check one:
a. □ O-1A Alien of extraordinary ability in sciences, education, business or athletics (not including the arts, motion picture or television industry.)
b. □ O-1B Alien of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
c. □ O-2 Accompanying alien who is coming to the U.S. to assist in the performance of the O-1.
d. □ P-1 Athletic/Entertainment Group.
e. □ P-1S Essential Support Personnel for P-1.
f. □ P-2 Artist or entertainer for reciprocal exchange program
g. □ P-2S Essential Support Personnel for P-2
h. □ P-3 Artist/Entertainer coming to the United States to perform, teach, or coach under a program that is culturally unique.
i. □ P-3S Essential Support Personnel for P-3
******
6. If filing for an O-2 or P support alien, list dates of the alien’s prior experience with O-1 or P alien [Text box]
7. Have you obtained the required written consultation(s)? □ Yes-Attached □ No-Copy of request attached
********
|
Section 1. Complete this section if filing for O or P classification.
1. Name of the petitioner: [Text box]
2. Name of the beneficiary or total number of workers you are filing for: [Text box]
3. Classification sought (Check one:
a. □ O-1A Alien of extraordinary ability in sciences, education, business or athletics (not including the arts, motion picture or television industry.)
b. □ O-1B Alien of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
c. □ O-2 Accompanying alien who is coming to the U.S. to assist in the performance of the O-1.
d. □ P-1 Major League Sports
e. □ P-1 Athletic/Entertainment Group (includes minor league sports)
f. □ P-1S Essential Support Personnel for P-1.
g. □ P-2 Artist or entertainer for reciprocal exchange program
h. □ P-2S Essential Support Personnel for P-2
i. □ P-3 Artist/Entertainer coming to the United States to perform, teach, or coach under a program that is culturally unique.
j. □ P-3S Essential Support Personnel for P-3
******
6. If filing for an O-2 or P support classification, list dates of the beneficiary’s prior work experience under the principal O-1 or P alien [Text box]
7. Does an appropriate labor organization exist for the petition? □ No-explain on Page 7, Part 9 □ Yes
8. Is the required consultation or written advisory opinion being submitted with this petition? □ No-Copy of request attached □ Yes □ N/A
******** Section 2. Statement by the petitioner.
I certify that I, the petitioner, and the employer whose offer of employment formed the basis of status(if different from the petitioner) will be jointly and severally liable for the reasonable costs of return transportation of the beneficiary abroad if the beneficiary is dismissed from employment by the employer before the end of the period of authorized stay.
Petitioner’s Signature [Text box] Print or Type Name [Text box] Date (mm/dd/yyyy) [Text box]
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Pages 19-24, Q-1 and R-1 Supplement |
Currently pages 19-24. |
Now pages 21-27. |
Page 19, |
Q-1 and R-1 Classifications Supplement to Form I-129
1. Name of person or organization filing petition: [Text box]
2. Name of person you are filing for: [Text box]
Section 1. Complete this section if you are filing for a Q-1 international cultural exchange alien
I hereby certify… *******
Section 2. Complete this section if you are filing for an R-1 religious worker
Employer Attestation ******* 1. Provide the following information about the prospective employer. a. Number of members of the prospective employer’s organization [Text box] b. Number of Special Immigrant Religious Worker I-360 and Nonimmigrant Religious Worker I-129 Petitions Submitted by the prospective employer within the past five years [Text box] 2. Has the alien or any of the alien’s dependent family members previously been admitted to the United States for a period of stay in the R visa classification for the last five years? □ Yes □ No
If yes, complete the blanks below. List the alien and any dependent family member’s prior periods of stay in the R visa classification in the United States for the last five years. Be sure to list only those periods in which the alien and/or family members were actually in the United States in an R classification.
*********
4. Describe the relationship, if any between the religious organization in the United States and the organization abroad of which the alien is a member. [Text box]
5. Provide the following information about the prospective employment:
Title of position offered [Text box]
Detailed description of the alien’s proposed daily duties [Text box]
Description of the alien’s qualifications for the position offered [Text box]
Description of the proposed salaried compensation or non-salaried compensation. 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. [Text box]
List of the specific address(es) or location(s) where the alien will be working [Text box]
Does the prospective employer attest to all of the requirements described in statements 6 through 12 below?
6. The prospective employer is a bona fide non-profit organization or a bona fide organization that is affiliated with the religious denomination and is tax-exempt 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. If the petitioner is affiliated with the religious denomination, complete Form I-129 Religious Denomination Certification. □ Yes □ No If “No,” attach explanation(s).
7. The prospective employer is willing and able to provide salaried or non-salaried compensation to the alien. 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. □ Yes □ No If “No,” attach explanation(s).
8. If the alien worked in the United States during the two years immediately before the petition was filed, the alien received verifiable salaried or non-salaried compensation, or provided uncompensated self-support. □ Yes □ No If “No,” attach explanation(s).
9. If the position is not a religious vocation, the alien will not engage in secular employment, and the prospective employer will provide salaried or non-salaried compensation. If the position is a traditionally uncompensated and not a religious vocation, the alien will not engage in secular employment, and the alien will provide self-support. □ Yes □ No If “No,” attach explanation(s).
10. If the offered position requires at least 20 hours of 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. 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. □ Yes □ No If “No,” attach explanation(s).
11. The alien is qualified to perform the duties of the proffered position. □ Yes □ No If “No,” attach explanation(s).
12. The prospective employer will notify USCIS within 14 days of any changes in the alien’s employment, including working fewer than the required number of hours or having been released or otherwise terminated from employment before the end of the authorized R-1 stay. □ Yes □ No If “No,” attach explanation(s).
********
Religious Denomination Certification ******** |
Separate Q-1 and R-1 sections into 2 separate Supplements:
Q-1 Classification Supplement to Form I-129
1. Name of the petitioner: [Text box]
2. Name of the beneficiary: [Text box]
Complete if you are filing for a Q-1 international cultural exchange alien
I hereby certify… ******* [Insert Page Break, begin new supplement:]
R-1 Classification Supplement to Form I-129
1. Name of the petitioner: [Text box]
2. Name of the beneficiary: [Text box]
Section 1. Complete this section if you are filing for an R-1 religious worker.
Employer Attestation ******* 1. Provide the following information about the petitioner. a. Number of members of the petitioner [Text box] b. Number of special immigrant religious worker petition(s) (I-360) and nonimmigrant religious worker petition(s) (I-129) filed by the petitioner within the past five years [Text box] 2. Has the beneficiary or any of the beneficiary’s dependent family members previously been admitted to the United States for a period of stay in the R visa classification for the last five years? □ No □ Yes
If yes, complete the blanks below. List the beneficiary and any dependent family member’s prior periods of stay in the R visa classification in the United States for the last five years. Be sure to list only those periods in which the beneficiary and/or family members were actually in the United States in an R classification.
*********
4. Describe the relationship, if any, between the religious organization in the United States and the organization abroad of which the beneficiary is a member. [Text box]
5. Provide the following information about the prospective employment:
a. Title of position offered [Text box]
b. Detailed description of the beneficiary’s proposed daily duties [Text box]
c. Description of the beneficiary’s qualifications for the position offered [Text box]
d. Description of the proposed salaried compensation or non-salaried compensation. If the beneficiary will be self-supporting, the petitioner must submit documentation establishing that the position the beneficiary 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. [Text box]
e. List of the specific address(es) or location(s) where the beneficiary will be working [Text box]
Does the petitioner attest to all of the requirements described in statements 6 through 12 below?
6. The petitioner is a bona fide non-profit religious organization or a bona fide organization that is affiliated with the religious denomination and is tax-exempt 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. If the petitioner is affiliated with the religious denomination, complete the Religious Denomination Certification included in this supplement. □ No □ Yes If “No,” attach explanation(s).
7. The petitioner is willing and able to provide salaried or non-salaried compensation to the beneficiary. If the beneficiary will be self-supporting, the petitioner must submit documentation establishing that the position the beneficiary 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. □ No □ Yes If “No,” attach explanation(s).
8. If the beneficiary worked in the United States in an R-1 status during the two years immediately before the petition was filed, the beneficiary received verifiable salaried or non-salaried compensation, or provided uncompensated self-support. □ No □ Yes If “No,” attach explanation(s).
9. If the position is not a religious vocation, the beneficiary will not engage in secular employment, and the petitioner will provide salaried or non-salaried compensation. If the position is a traditionally uncompensated and not a religious vocation, the beneficiary will not engage in secular employment, and the beneficiary will provide self-support. □ No □ Yes If “No,” attach explanation(s).
10. The offered position requires at least 20 hours of work per week. If the offered position at the petitioning organization requires 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. If the beneficiary will be self-supporting, the petitioner must submit documentation establishing that the position the beneficiary 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. □ No □ Yes If “No,” attach explanation(s).
11. The beneficiary has been a member of the petitioner’s denomination for at least two years immediately before Form I-129 was filed and is otherwise qualified to perform the duties of the proffered position. □ Yes □ No If “No,” attach explanation(s).
12. The petitioner will notify USCIS within 14 days if an R-1 alien is working less than the required number of hours or has been released from or has otherwise terminated employment before the expiration of a period of authorized R-1 stay. □ No □ Yes If “No,” attach explanation(s).
********
Section 2. This Section is required for petitioners affiliated with the religious denomination.
Religious Denomination Certification ************ |
Pages 25-26, Attachment -1 |
Currently pages 25-26. |
Now Pages 28-29. |
Pages 25-26 |
Family Name (Last Name) [Text box]
Given Name (First Name) [Text box]
Full Middle Name [Text box]
Date of Birth (mm/dd/yyyy) [Text box]
Address in the United States Where You Intend to Live (Complete Address) [Text box]
Foreign Address (Complete Address) [Text box]
Country of Birth [Text box]
Country of Citizenship [Text box]
U.S. Social Security # (if any) [Text box]
A # (if any) [Text box]
If in the U.S. *******
|
Add boxes to capture Gender, All other names used, EAD#, SEVIS#:
Family Name (Last Name) [Text box]
Given Name (First Name) [Text box]
Full Middle Name [Text box]
Date of Birth (mm/dd/yyyy) [Text box]
Gender: □ Male □ Female
All Other Names Used (include aliases, maiden name and names from all previous marriages) [Text box]
Address in the United States Where You Intend to Live (Complete Address) [Text box]
************
If in the U.S.
Date of Arrival (mm/dd/yyyy) [Text box]
I-94 # (Arrival-Departure Document) [Text box]
Current Nonimmigrant Status [Text box]
Date Status Expires (mm/dd/yyyy) [Text box]
Student & Exchange Visitor Information System (SEVIS) # (if any) [Text box]
Employment Authorization Document (EAD) # (mm/dd/yyyy) [Text box]
Country Where Passport Issued [Text box] *********** |
The additions regarding the E-2 CNMI highlighted in green will not take effect until the Final Rule, E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands with Long-Term Investor Status; RIN 1615-AB75, becomes effective.
Border Security Act Information
| File Type | application/msword |
| File Title | Table of Changes for the “Form I-129” – Updated |
| Author | jaweidem |
| Last Modified By | Stephen Tarragon |
| File Modified | 2010-08-25 |
| File Created | 2010-08-25 |