Petition for Nonimmigrant Worker

OMB No. 1615-0009; Expires 10/31/2013

Instructions for Form I-129,
Petition 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, go to Part 9
and indicate the question number of the item to which the answer refers.

Table of Contents

Page

I. Instructions for Form I-129
General Information
Part 1. Petition Always Required
E-2 CNMI Classification
H Classifications
H-1B Data Collection
L Classification
O and P Classifications

1
4
4
5
7
10

Q-1 Classification

11
14

R-1 Classification

15

Part 2. Petition Only Required for an Alien in the
United States to Change Status or Extend
Stay
E Classifications (not including E-2 CNMI)
Free Trade Nonimmigrant Classifications
(H-1B1 and TNs)

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 beneficiary to
come as a nonimmigrant to the United States temporarily to
perform services or labor, or to receive training.
Form I-129 consists of the:
1. Basic petition;
2. Individual supplements relating to specific classifications;
and
3. H-1B Data Collection and Filing Fee Exemption
Supplement (required for H-1B classifications only).
These instructions are divided into two parts:

16
16
17

PART 1: Classifications that always require a petition:
E-2 CNMI, treaty investor exclusively in the
Commonwealth of the Northern Mariana Islands (CNMI).

General Evidence
When to File?

18

Where to File?

19

H-1B, specialty occupations; an alien coming to perform
services of an exceptional nature relating to a project
administered by the U.S. Department of Defense, or a
fashion model who has national and international acclaim.

What is the Filing Fee?

22

H-1C, registered nurse.

18

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

22

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

1

H-3, trainee.

8

L-1, intracompany transferee.

E-1/E-2 Classification Supplement

H-2A, temporary agricultural worker.

Trade Agreement Supplement

10

H Classification Supplement

11

H-1B Data Collection and Filing Fee
Exemption Supplement

H-2B, temporary nonagricultural worker.

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.

L Classification Supplement

17
20

O and P Classifications Supplement

24

P-1, major league sports.

Q-1 Classification Supplement

26

P-1, internationally recognized athlete/entertainment group.

R-1 Classification Supplement
Attachment - 1 (Used when more than one
alien is included on form)

27

P-1S, essential support personnel for a P-1.

33

P-2, artist/entertainer in reciprocal exchange program.
P-2S, essential support personnel for a P-2.

Form I-129 Instructions (Rev. 10/15/10)N

P-3, artist/entertainer coming to the United States to
perform, teach, or coach under a program that is culturally
unique.

2. They will all perform the same services, receive the same
training, or participate in the same international cultural
exchange program.

P-3S, essential support personnel for a P-3.

Exception: H-2A and H-2B petitions for workers from
countries not listed on the respective "Eligible Countries List"
should be filed separately. See www.uscis.gov for the list of
H-2A and H-2B participating countries.

Q-1, alien coming temporarily to participate in an
international cultural exchange program.
R-1, religious worker.
PART 2: Classification that requires a petition only if the
beneficiary is already in the United States and requesting an
extension of stay or change of status:
E-1, treaty trader.
E-2, treaty investor (not including E-2 CNMI treaty
investors).
E-3, Free Trade Agreement professionals from Australia.
Free Trade Nonimmigrants, H-1B1 aliens from Chile or
Singapore and TN aliens from Canada or Mexico.
NOTE: A petition must always be filed for an E-2 CNMI
investor classification.

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.

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 beneficiaries in a petition must
be named except for an H-2A agricultural worker or an H-2B
temporary nonagricultural worker. Exceptions: 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 beneficiaries are not named, specify
the total number of unnamed beneficiaries and total number of
beneficiaries in the petition.

General Filing Instructions

Agents. A U.S. individual or company in business as an

1. Complete the basic form and any relating supplement.

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.

2. Type or print legibly in blue or black ink.
3. If extra space is needed to complete any item, go to Part 9,
Explanation Page, indicate the item number, and date and
sign the sheet.
4. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."
5. Submit a duplicate copy of the petition and all supporting
documentation.

Including more than one alien in a petition. Multiple

Basis for Classification

aliens who will seek admission in H-1C, 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:

The following is an explanation of the choices listed on Page
2, Part 2, Item 2 of the Form I-129.

1. They will all be employed for the same period of time; and

a. New employment. Check this box if the beneficiary:
(1) Is outside the U.S. and holds no classification;

Form I-129 Instructions (Rev. 10/15/10)N Page 2

(2) Is to begin employment for new U.S. employer in a
different nonimmigrant classification than the alien
currently holds; or
(3) Will work for the same employer but in a different
nonimmigrant classification.
b. Continuation of previously approved employment
without change with the same employer. Check this
box if applying to continue employment of the
beneficiary in the same nonimmigrant classification the
beneficiary currently holds and there has been no
change to the employment.
c. Change in previously approved employment. Check
this box if applying to notify USCIS of a non-material
change to the previously approved employment such as
a change in job title without a material change in job
duties.
d. New concurrent employment. Check this box if
applying for a beneficiary to begin new employment
with an additional employer in the same nonimmigrant
classification the beneficiary currently holds while the
beneficiary will continue working for his or her current
employer in the same classification.
e. Change of employer. Check this box if applying for a
beneficiary to begin employment working for a new
employer in the same nonimmigrant classification that
the beneficiary currently holds.
f. Amended Petition. Check this box if applying to notify
USCIS of a material change in the terms or conditions
of employment or training or the beneficiary's eligibility
as specified in the original approved petition.
Additionally, petitioners requesting H-2A or H-2B
substitutions should check this box.

c. Extend the stay of the person(s) since they now hold
this status. Check this box if the beneficiary is
currently in the United States in a nonimmigrant
classification and is requesting an extension of his or
her stay in the same nonimmigrant classification.
d. Amend the stay of the person(s) since they now hold
this status. Check this box if the beneficiary is
currently in the United States in the same
nonimmigrant classification and filing the petition to
notify USCIS of any material changes in the terms and
conditions of employment, training or the beneficiary's
eligibility as specified in the original approved petition.
e. Extend the status of a nonimmigrant classification
based on a Free Trade Agreement. Check this box if
the beneficiary is currently in the United States based
on a Free Trade Agreement (H-1B1 Chile/Singapore or
TN classification) and is requesting an extension of his
or her stay in that same classification.
f. Change status to a nonimmigrant classification
based on a Free Trade Agreement. Check this box if
the beneficiary is currently in the United States in a
different nonimmigrant classification based on a Free
Trade Agreement (H-1B1 Chile/Singapore or TN
classification).

Certification Pertaining to the Release of Controlled
Technology or Technical Data to Foreign Persons in
the United States

a. Notify the office in Part 4 so the person(s) can obtain
a visa or be admitted. Check this box if the beneficiary
is currently outside of the United States, or, if the
beneficiary is in the United States, he or she will leave
the United States to obtain a visa/admission abroad.

U.S. Export Controls on Release of Controlled Technology
or Technical Data to Foreign Persons. The Export
Administration Regulations (EAR) (15 CFR Parts 770-774)
and the International Traffic in Arms Regulations (ITAR) (22
CFR Parts 120-130) require U.S. persons to seek and receive
authorization from the U.S. Government before releasing to
foreign persons in the United States controlled technology or
technical data. Under both the EAR and the ITAR, release of
controlled technology or technical data to foreign persons in
the United States--even by an employer--is deemed to be an
export to that person's country or countries of nationality. One
implication of this rule is that a U.S. company must seek and
receive a license from the U.S. Government before it releases
controlled technology or technical data to its nonimmigrant
workers employed as H-1B, L-1 or O-1A beneficiaries.

b. Change the person(s) status and extend their stay
since the person(s) are all now in the United States in
another status. Check this box if the beneficiary is
currently in the United States in a different
nonimmigrant classification and is applying to change
to a new, nonimmigrant status.

Requirement to Certify Compliance with U.S. Export
Control Regulations. The U.S. Government requires each
company or other entity to certify that it has reviewed the
EAR and ITAR and determined whether it will require a U.S.
Government export license to release controlled technology or

Requested Action
The following is an explanation of the types of action a
petitioner/employer may choose for Page 2, Part 2, Item 4 of
Form I-129. Choose only one action.

Form I-129 Instructions (Rev. 10/15/10)N Page 3

technical data to the beneficiary. If an export license is
required, then the company or other entity must further certify
that it will not release or otherwise provide access to
controlled technology or technical data to the beneficiary until
it has received from the U.S. Government the required
authorization to do so. The petitioner must indicate whether or
not a license is required on Page 5, Part 6 of Form I-129.
Controlled Technology and Technical Data. The licensing
requirements described above will affect only a small
percentage of petitioners because most types of technology are
not controlled for export or release to foreign persons. The
technology and technical data that are, however, controlled for
release to foreign persons are identified on the EAR's
Commerce Control List (CCL) and the ITAR's U.S. Munitions
List (USML). The CCL is found at 15 CFF Part 774, Supp. 1.
See http://www.access.gpo.gov/bis/ear/ear_data.html#ccl.
The USML is at 22 CFR 121.1. See http://www.pmddtc.
state.gov/regulations_laws/itar.html. The EAR-controlled
technology on the CCL generally pertains to that which is for
the production, development, or use of what are generally
known as “dual-use” items. The ITAR-controlled technical
data on the USML generally pertains to that which is directly
related to defense articles.
The U.S. Department of Commerce's Bureau of Industry and
Security administers the CCL and is responsible for issuing
licenses for the release to foreign persons of technology
controlled under the EAR. The U.S. Department of State's
Directorate of Defense Trade Controls (DDTC) administers
the USML and is responsible for issuing licenses for the
release to foreign persons of technical data controlled under
the ITAR. Information about the EAR and how to apply for a
license from BIS are at www.bis.doc.gov. Specific
information about EAR's requirements pertaining to the
release of controlled technology to foreign persons is at www.
bis.doc.gov/deemedexports. Information about the ITAR and
how to apply for a license from DDTC are at www.pmdtc.gov.
Specific information about the ITAR's requirements pertaining
to the release of controlled technical data is at http://www.
pmddtc.state.gov/faqs/license_foreignpersons.html.

Classification - Initial Evidence
For all classifications, if a beneficiary is seeking a change of
status or extension of stay, evidence of maintenance of status
must be included with the new petition. If the beneficiary is
employed in the United States, the petitioner may submit
copies of the last 2 pay stubs and, when available, Form W-2,
as well as a copy of the Form I-94 or I-797, Approval Notice.

The beneficiary's dependent family members (generally,
spouses and children under 21) should use Form I-539,
Application to Change/Extend Nonimmigrant Status, to apply
for a change of status or 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
the petition.
The following nonimmigrants are not eligible to change status:
1. An alien admitted under a visa waiver program;
2. An alien is transit (C) or in transit without a visa (TWOV);
3. A crewman (D);
4. A fiancé(e) (K-1) or his or her dependent (K-2);
5. A spouse of a U.S. citizen (K-3) or his or her dependent
(K-4);
6. 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);
7. A J-1 exchange visitor subject to the foreign residence
requirement who has not received a waiver of that
requirement; and
8. An M-1 student to an H classification, if training received
as an M-1 helped him or her qualify for H classification.

Part 1: Petition Always Required
The following classifications always require a petition.
The initial evidence listed below and the initial evidence listed
under the instructions for a change of status or extension of
stay must be included with a petition for a new or concurrent
employment or for an extension where there is a change in
previously approved employment.
However, a petition for extension based on unchanged,
previously approved employment should only be filed with the
initial evidence required in the extension of stay instructions.

E-2 CNMI
An E-2 CNMI investor is an alien seeking to enter or
remain in the Commonwealth of Northern Mariana
Islands (CNMI) in order to maintain an investment in the
CNMI that was approved by the CNMI government prior
to November 28, 2009. An E-2 CNMI investor
classification is specifically limited to an alien investor who
has previously been granted a qualifying long term
investor status under the laws of the CNMI. This
Form I-129 Instructions (Rev. 10/15/10)N Page 4

classification allows an eligible alien to be lawfully present
in the CNMI in order to maintain the investment during
the transition period from CNMI to Federal immigration
law. Nationality of the investor is not a qualifying factor in
the issuance of an E-2 CNMI investor classification.
A petition for the initial issuance of an E-2 CNMI investor
classification must be filed within 2 years of the date the E-2
CNMI investor classification becomes available. Petitions for
the initial issuance of the E-2 CNMI filed after this period will
be rejected.
Requests for extension of the E-2 CNMI investor
classification may be granted, in increments of not more than
2 years, until December 31, 2014.
Applications for the dependents of E-2 CNMI investors must
be filed on Form I-539, Application to Extend/Change
Nonimmigrant Status.
Write E-2C in the classification requested block.
The petition must be filed with documentary evidence of:
1. Qualifying CNMI immigration status as evidenced by a
properly endorsed, unexpired CNMI admission document
(e.g., entry permit or certificate) reflecting lawful
admission to the CNMI under CNMI immigration laws in
one of the following status:
A. Long-term business investor status as evidenced by a
Long-Term Business Certificate;
B. Foreign investor status as evidenced by a Foreign
Investment Certificate;
C. Retiree investor status as evidenced by a Foreign
Retirees Investment Certification or a Foreign Retiree
Investment Certificate.
2. Maintaining investment, including but not limited to copies
of an approval letter issued by the CNMI government;
evidence that the capital has been invested; evidence that
the applicant has invested at least the minimum amount
required; and the following, depending on the type of
investor:
A. For a holder of a foreign investment or long-term
business certificate: copies of annual reports of
investment activities in the CNMI containing sufficient
information to determine whether the certificate holder
is under continuing compliance with the standards of
issuance, accompanied by annual financial audit reports
performed by an independent certified public
accountant;

B. For a retiree investor: evidence that he or she has an
interest property in the CNMI (e.g. lease agreement),
evidence of the value of the property interest (e.g. an
appraisal regarding the value of the property), and, as
applicable, evidence of the value of the improvements
on the property (e.g. receipts or invoices of the costs of
construction, the amount paid for preexisting structure,
or an appraisal of the improvements).
3. Continuous maintenance of residence in the CNMI. The
investor must establish that he or she has maintained
residence within the CNMI since being lawfully admitted
as a long-term investor. Additionally, he or she must
establish physical presence in the CNMI for periods
totaling at least half of that time. Absence from the CNMI
for any period of more than 6 months but less than 1 year
after such lawful admission shall break the continuity of
such residence, unless the subject alien establishes to the
satisfaction of DHS that he or she did not in fact abandon
residence in the CNMI during such period. Absence from
the CNMI for any period of more than 1 year during the
period for which continuous residence is required shall
break the continuity of such residence.

H-1B (3 Types)
An H-1B is an alien coming temporarily to perform
services in a specialty occupation.
Write H-1B in the classification requested block.
A specialty occupation is one that requires the theoretical and
practical application of a body of highly specialized
knowledge to fully perform the occupation and requires the
attainment of a bachelor's or higher degree in a specific
specialty, or its equivalent, as a minimum for entry into the
occupation in the United States.
The petition must be filed by the U.S. employer and must be
filed with:
1. Evidence that a labor condition application (LCA) has been
certified by the U.S. Department of Labor;
2. Evidence showing that the proposed employment qualifies
as a specialty occupation;
3. Evidence showing that the beneficiary has the required
degree by submitting either:
A. A copy of the beneficiary's U.S. baccalaureate or higher
degree as required by the specialty occupation;
B. A copy of a foreign degree and evidence that it is
equivalent to the U.S. degree; or
C. Evidence of education and experience that is equivalent
to the required U.S. degree.

Form I-129 Instructions (Rev. 10/15/10)N Page 5

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 the petitioner and
the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed.
6. Off-site Assignment of H-1B Beneficiaries: Petitioners
seeking to place the H-1B beneficiary off-site at a location
other than their own location must answer general
questions regarding this assignment on page 19, relating
to: actual or prevailing wage and assurance that all
assignments will comply with the employment described
in the H-1B petition and applicable statute and regulations
governing the H-1B nonimmigrant classification.
Petitioners should advise the H-1B beneficiary of the offsite work site placement.
Additionally, petitioner should submit an itinerary that
shows the dates and places of assignment if the beneficiary
will be providing services at more than one location.

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 aliens who are currently
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.

1. Documentary evidence (such as certifications, affidavits,
reviews) to establish the beneficiary is a fashion model of
distinguished merit and ability. Affidavits submitted by
present or former employers or recognized experts must set
forth the expertise of the affiant and the manner in which
the affiant acquired such information; and
2. Copies of any written contracts between the petitioner and
the beneficiary or, if there is no written agreement, a
summary of the terms of the oral agreement under which
the beneficiary will be employed.
Three laws have been enacted which impact the filing of H-1B
and/or L visa petitions. These laws are the American
Competitiveness and Workforce Improvement Act (ACWIA),
Public Law 105-277 (signed into law on October 21, 1998),
the Visa Reform Act of 2004 (signed into law on December 8,
2004) and Public Law 111-230 (signed into law on August 13,
2010).
Because of ACWIA, 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). (The
supplement was formerly issued separately as Form I-129W.)
Moreover, H-1B and H-1B1 petitioners must complete the
H-1B Data Collection and Filing Fee Exemption Supplement
to determine applicability of the fees mandated by the
ACWIA, H-1B Visa Reform Act and/or Public Law 111-230.
The H-1B Visa Reform Act of 2004 imposes a Fraud
Prevention and Detection 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. This fee does not apply
to H-1B1 petitions. The Form I-129 will serve as the vehicle
for collection of the $500 fee.
Those petitioners required to submit the $500 Fraud
Prevention and Detection fee are also required to submit either
an additional $2,000 (H-1B) or $2,250 (L-1) fee mandated by
Public Law 111-230 if:

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.

1. The petitioner employs 50 or more individuals in the
United States;

Write H-1B3 in the classification requested block.

2. More than 50% of those employees are in H-1B or L
nonimmigrant status; and

The petition must be filed by a U.S. employer or agent.
Evidence must be submitted to establish that the beneficiary
will be performing services, events, or productions of a
distinguished reputation, including:

3. The petition is filed before October 1, 2014.

Form I-129 Instructions (Rev. 10/15/10)N Page 6

The Fraud Prevention and Detection Fee and Public Law
111-230 fee, when applicable, may not be waived, and each
fee should be submitted in separate checks or money
orders.
To determine whether a petitioner is subject to any of these
three fees, the petitioner must complete the H-1B and H1B1
Data Collection and Filing Fee Exemption Supplement
discussed below.

H-1B and H-1B1 Data Collection and Filing Fee
Exemption Supplement
An employer seeking to classify a beneficiary in H-1B
classification (including H-1B1 Free Trade aliens from Chile
and Singapore) must file this supplement. It is used to collect
additional information about the H-1B employer and
beneficiary. It is also used to determine the appropriate
American Competitiveness and Workforce Improvement Act
(ACWIA) fee and whether the beneficiary is subject to the
H-1B numerical limitation (aka the H-1B Cap). The ACWIA
fee may not be assessed to the beneficiary.

Who is required to submit this supplement?
A U.S. employer seeking to classify a beneficiary 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.)

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 of 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
Completing Part A of the Supplement Form
All U.S. employers seeking to classify a beneficiary as an
H-1B or H-1B1 Free Trade Nonimmigrant worker 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
nonimmigrants in a number that is equal to at least 15
percent of the number of such full-time-equivalent
employees.

appropriate box of Part A, Number 2 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. 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).

8. Rate of pay per year. The ''rate of pay'' is the salary or
wages paid to the beneficiary. Salary or wages must be
expressed in an annual full-time amount and do not include
non-cash compensation or benefits. For example, an H-1B
worker is to be paid $6,500 per month for a 4-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
Form I-129 Instructions (Rev. 10/15/10)N Page 7

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.

9. DOT Code. The DOT Code is a three-digit occupational
group for professional, technical, and managerial
occupations and fashion models that can be obtained from
the Dictionary of Occupational Titles. A reference chart
can be found on our Web site: www.uscis.gov.

10. NAICS Code. This is the North American Industry
Classification System (NAICS) Code. This 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:

3

3

4

6

6

0

[Each number inside a separate box]
The code sequences 5133 would be entered as:

5

1

3

3

0

0

[Each number inside a separate box]

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;
NOTE: "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. Is a Government research organization that 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;
5. This petition is an amended petition that does not contain
any requests for extension of stay filed by the employer;
6. This petition is being filed to correct a USCIS error;

Completing Part B of the Supplemental Form
The petitioner must complete Part B to determine whether the
petitioner must pay the ACWIA fee ($1,500 or $750,
depending on the number of workers employed by the
petitioner). The petitioner is exempt from payment of the
ACWIA fee if at least one of the following conditions are
present:
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. 1001(a);

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.
1001(a). Such a nonprofit organization or entity includes
but is not limited to hospitals and medical research
institutions.
NOTE: "Related to" or "affiliated with" means the entity
is:
A. Connected or associated with the institution of higher
education through shared ownership or control by a
board or federation operated by the institution of
higher education; or

7. The employer is a primary or secondary education institute;
8. The employer is a nonprofit entity that engages in an
established curriculum-related clinical training or students
register at the institution.

What Evidence Is Required Under Part B?
Petitioners claiming exemption from payment of the $1,500 or
$750 filing fee must submit a statement describing why the
organization or entity is exempt from the filing fee.

Completing Part C of the Supplemental Form
All petitioners must complete Part C to determine whether the
beneficiary is subject to the H-1B cap.
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 filing on behalf of
beneficiaries subject to this cap exemption.
Form I-129 Instructions (Rev. 10/15/10)N Page 8

H-1C

D. The employment contract; and

An H-1C is an alien coming temporarily to perform
services as a registered nurse at a qualifying health care
facility. This classification expired on December 20, 2009.

E. Evidence of each beneficiary's previously granted
classification in the past 3 years if he or she was in the
United States during this time.

Write H-1C in the classification requested block on the
petition.
Petitioners should complete and sign relevant sections of the H
Classification Supplement and additionally submit evidence
that the beneficiary:
1.

2.

3.

4.

Has obtained a health care worker certification or certified
statement in accordance with section 212(a)(5)(c) of the
INA, from the Commission on Graduates of Foreign
Nursing Schools (CGFNS) or another approved
credentialing organization;
Has obtained a full and unrestricted license to practice
nursing in the country where the alien obtained nursing
education, or has received nursing education in the United
States;
Has passed the examination by the CGFNS or has
obtained a full and unrestricted (permanent) license to
practice as a registered nurse in the State of intended
employment, or has obtained a full and unrestricted
(permanent) license in any State or territory of the United
States and received temporary authorization to practice as
a registered nurse in the State of intended employment;
Is fully qualified and eligible under the laws governing
the place of intended employment to practice as a
registered nurse immediately upon admission to the
United States (including such temporary or interim
licensing requirements that authorize employment), and is
authorized under such laws to be employed by the
employer. For purposes of this paragraph, the temporary
or interim licensing may be obtained immediately after the
alien enters the United States; and

5. Will be authorized by a State Board of Nursing to engage
in registered nurse practice in a State or U.S. territory and
will be practicing in a facility that provides health care
services.
6.

The following must also be submitted:
A. A current copy of the U.S. Department of Labor's
notice of acceptance of the filing of its attestation on
Form ETA 9081;
B. Statement describing any limitations that the laws of
the State or jurisdiction of intended employment place
on each beneficiary's services;
C. Evidence that each beneficiary's name on the petition
meets the definition of a registered nurse as defined in
8 CFR 214.2(h)(3)(i)(A) and satisfies the requirements
contained in Section 212(m)(1) of the INA;

Completing Section 2 of the H Classification
Supplement to Form I-129
All petitioners seeking workers in H-1C classification must
complete Section 2 of the H classification to Form I-129
(page 12 of the form).

H-2A
An H-2A is an alien coming temporarily to perform
agricultural labor or services of a temporary or seasonal
nature.
Write H-2A in the classification block on the petition.
The petition must be filed by a U.S. employer or its U.S. agent
or an association of U.S. agricultural producers named as a
joint employer on the temporary labor certification. The
petitioner or employer (if different from the petitioner), and
each joint employer must complete and sign relevant sections
of the H Classification Supplement and additionally submit
the following evidence:
1. A single, valid temporary labor certification;* and
2. Copies of evidence showing that each named beneficiary
meets the minimum job requirements stated in the
certification at the time the labor certification application
was filed.
*NOTE: Under certain emergent circumstances, as
determined by USCIS, petitions requesting a continuation of
employment with the same employer for 2 weeks or less are
exempt from the temporary labor certification requirement.
See 8 CFR 214.2(h)(5)(x).

H-2B
An H-2B is an alien coming temporarily to engage in
temporary nonagricultural services or labor that is based
on the employer's seasonal, intermittent, peakload, or onetime need.
Write H-2B in the classification block on the petition.
The petition must be filed by a U.S. employer, a U.S. agent, or
a foreign employer filing through a U.S. agent. The petitioner
must complete and sign relevant sections of the H
Classification Supplement and additionally submit the
following evidence.

Form I-129 Instructions (Rev. 10/15/10)N Page 9

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); and

2.

If applicable, copies of evidence showing that each
named beneficiary meets the minimum job requirements
stated on the temporary labor certification (such as
employment letters and training certificates, etc.).

*NOTE: Petitions filed on behalf of Canadian musicians who
will be performing for 1 month or less within 50 miles of the
U.S.-Canadian border do not require a temporary labor
certification.

H-3 (Two types)
An H-3 is an alien coming temporarily to participate in a
special education exchange visitor program in the
education of children with physical, mental, or emotional
disabilities.
Write H-3 in the classification block on the petition.
Any custodial care of the children must be incidental to the
training program. The petition must be filed by the U.S.
employer, which must be a facility which has professionally
trained staff and a structured program for providing education
to children with disabilities and for providing training and
hands-on experience to participants in the special education
exchange visitor program. The petition must contain:
1.

A description of the training, staff, and facilities; evidence
that the program meets the above conditions; and details
of the beneficiary's participation in the program; and

2.

Evidence showing that the beneficiary is nearing
completion of a baccalaureate degree in special education,
or already holds such a degree, or has extensive prior
training and experience in teaching children with physical,
mental, or emotional disabilities.

An H-3 is also an alien who is coming temporarily to
receive training from an employer in any field other than
graduate medical education or training.
Write H-3 in the classification block on the petition.
The petition must be filed 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
beneficiary in the petition; and

3. An explanation stating why the training is required,
whether similar training is available in the beneficiary's
country, how the training will benefit the beneficiary in
pursuing a career abroad, the source of any remuneration
the trainee will receive and any benefit the petitioner will
obtain by providing the training.

L-1 (2 Types)
An L-1A is an alien coming temporarily to perform
services in a managerial or executive capacity for the same
employer (or for the parent, branch, subsidiary, or affiliate of
the employer) that employed the alien abroad in a capacity
that was managerial or executive in nature, or one that
required specialized knowledge, for at least 1 continuous year
within the last 3 years.
Write L-1A in the classification requested block on the
petition.
A U.S. employer or foreign employer may file the petition, but
the foreign employer must have a legal business entity in the
United States.
An L-1B is an alien coming temporarily to perform
services that require specialized knowledge for the same
employer (or for the parent, branch, subsidiary, or affiliate of
the employer) that employed the alien abroad (in a managerial,
executive or specialize knowledge capacity) for at least 1
continuous year within the last 3 years. Specialized
knowledge is special knowledge of the petitioning employer's
product, service, research, equipment, techniques,
management, or other interests and its application in
international markets or an advanced level of knowledge or
expertise in the employing organization's processes or
procedures.
Write L-1B in the classification requested block on the
petition.

General L Classification Requirements
Either the U.S. or foreign employer may file the petition. The
petition must be submitted with:
1. Evidence establishing the existence 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; NOTE: Whether such evidence will be
sufficient to meet the petitioner's burden of establishing
such a qualifying relationship will depend on the quality
and probative value of the evidence submitted.

Form I-129 Instructions (Rev. 10/15/10)N Page 10

2.

3.

A letter from the beneficiary's foreign qualifying
employer detailing his or her dates of employment, job
duties, qualifications, and salary, along with supporting
documentary evidence; and
A description of the proposed job duties and
qualifications, and evidence showing that the proposed
employment is in an executive, managerial, or specialized
knowledge capacity.

Evidence for a New Office
If the beneficiary is coming to the United States to open a new
office, additional evidence must be submitted to show that the
employer:
1.

Already has sufficient premises to house the new office;

2.

Has or will have the required qualifying relationship to
the foreign employer;

3.

Has the financial ability to remunerate the beneficiary and
to begin doing business in the United States including
evidence which shows:
A. Size of the U.S. investment;
B. The organizational structure of both firms; and
C. The financial size and condition of the foreign
employer.

If the petition is requesting L-1A classification, evidence to
establish the intended U.S. operation will be capable of
supporting the executive or managerial position within 1 year.
NOTE: There are additional fees associated with certain
L-1A and L-1B petitions. Please see the “What is the Filing
Fee?” section of these form instructions for further
information about these fees.

L Blanket Petitions
An L Blanket petition simplifies the petitioning process for
employers that seek L-1 workers on a continual basis by
obtaining advance approval from USCIS that the requisite
intracompany relationship exists. In obtaining an L Blanket
petition, a qualified employer may file for any number of
L-1A aliens and L-1B specialized knowledge professionals.
Write LZ in the classification requested block. Do not include
an individual employee on the petition.
Submit evidence to establish that the employer (including its
parent, branches, subsidiaries, and/or affiliates):

3. Has three or more domestic and foreign branches,
subsidiaries, or affiliates; and
4. (A) Has obtained approved petitions for at least 10 L-1A
managers or executives or L-1B specialized knowledge
professional workers in the past 12 months; (B) has U.S.
subsidiaries or affiliates with combined annual sales of at
least $25 million; or (C) has a U.S. workforce of at least
1,000 employees.
After approval of a blanket petition, the employer may file for
individual employees to enter as either L-1A workers or L-1B
specialized knowledge professionals under the L Blanket
petition. If the beneficiary is outside the United States, file a
Form I-129S, Nonimmigrant Petition Based on Blanket L
Petition. If the beneficiary is already lawfully in the United
States and otherwise eligible for a change of nonimmigrant
status to L-1A or L-1B, file Form I-129 to request a change of
status based on the blanket petition with the following:
1. A copy of the USCIS approval notice for the blanket
petition;
2. A letter from the beneficiary's foreign qualifying employer
detailing his or her dates of employment, job duties and
qualifications and salary for the previous 3 years, or in the
case of a beneficiary who is currently lawfully employed
by a qualifying organization in the United States a letter
detailing the above with respect to the 3-year period prior
to the beneficiary's lawful admission to the United States
and establishing that the beneficiary has been
continuously employed lawfully by a qualifying
organization since the time of lawful admission to the
United States;
3. Evidence that the beneficiary has been lawfully employed
by the petitioning organization since arriving in the United
States; and
4. If the beneficiary is a specialized knowledge professional,
evidence of that he or she has earned U.S. degree or
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). The extraordinary ability must be
demonstrated by sustained national or international
acclaim.

1.

Is engaged in commercial trade or services;

Write O-1A in the classification block on the petition. The
petition must be submitted with:

2.

Has an office in the United States that has been doing
business for 1 year or more;

1. A written consultation from a peer group or labor
management organization with expertise in the field.
Form I-129 Instructions (Rev. 10/15/10)N Page 11

If the above item cannot be obtained, the consultation can
be from a person of the petitioner's choosing who has
expertise in the beneficiary's area of ability (see General
Evidence);
2.

3.

4.

A copy of any written contract between the employer and
the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed;
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
Evidence of the beneficiary's extraordinary ability, such as
receipt of major awards or prizes, documentation of the
beneficiary's membership in associations in the field
which require outstanding achievements of their members,
major published material by the beneficiary or relating to
the beneficiary's work, evidence of the beneficiary's
contributions to the field, evidence of the beneficiary's
original scholarly work or contributions to the field,
evidence of the beneficiary's high salary within the field,
evidence that the beneficiary participated on a panel that
judges the work of others in the field, or evidence of the
beneficiary's prior employment in a critical or essential
capacity for organizations and establishments that have a
distinguished reputation.

NOTE: If the preceding forms of evidence do not readily
apply to the beneficiary'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.

2.

3.

A written consultation from a peer group or a person of
the employer's choosing with expertise in the beneficiary's
area of ability (see General Evidence). If the petition is
based on the beneficiary's extraordinary achievement in
the motion picture or television industry, separate
consultations are required from the relevant labor and
management organizations;
A copy of any written contract between the employer and
the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed;
Evidence that the beneficiary 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 beneficiary has performed or will
perform as a lead or starring participant in productions
or events that have a distinguished reputation;
B. Evidence that the beneficiary has achieved national or
international recognition for achievements in the field;
C. Evidence that the beneficiary has a record of major
commercial or critically acclaimed successes, as
evidenced by ratings, box office receipts, etc.;
D. Evidence that the beneficiary has received significant
recognition from organizations, critics, government
agencies, or other recognized experts;
E. Evidence that the beneficiary commands or will
command a high salary or other remuneration for
services in relation to others in the field; or
F. Evidence that the beneficiary 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 beneficiary's field of endeavor, you may submit
other comparable evidence.

O-2
An O-2 is an alien coming temporarily and solely to assist
in the performance of an O-1 artist or athlete because he
or she performs support services that are integral to the
successful performance of the O-1. No test of the U.S. labor
market is required. The critical skills and experience with
the O-1 must not be of a general nature nor possessed by
U.S. workers.
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.
Form I-129 Instructions (Rev. 10/15/10)N Page 12

P-1A or P-1 Major League Sports
A P-1A is an alien coming temporarily to perform at a
specific athletic competition as an individual or as part of
a group or team participating at an internationally
recognized level of performance.
P-1 Major League Sports classification is for major league
athletes, minor league sports, and any affiliates associated
with the major leagues including, but not limited to
baseball, hockey, soccer, basketball, and football. Support
personnel includes coaches, trainers, broadcasters,
referees, linesmen, umpires, and interpreters.
Write P-1A in the classification block on the petition. The
petition must be submitted with:
1.

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

2.

A copy of the contract with a major U.S. sports league or
team or a contract in an individual sport commensurate
with national or international recognition in the sport, if
such contracts are normally utilized in the sport; and

3.

Evidence of at least two of the following:
A. Substantial participation in a prior season with a major
U.S. sports league;
B. Substantial participation in a prior season for a U.S.
college or university in intercollegiate competition;
C. Participation in international competition with a
national team;
D. A written statement from a member of the sports
media or a recognized expert in the sport which details
how the beneficiary or team is internationally
recognized;
E. 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 beneficiary or team is
internationally recognized;
F. That the beneficiary or team is ranked, if the sport has
international rankings; or
G. That the beneficiary or team has received a significant
honor or award in the sport.

P-1B Entertainer or Entertainment Group
A P-1B is an alien entertainer coming temporarily to
perform as a member of an 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 with the group (ordinarily for at
least 1 year).

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 beneficiary or group is internationally
recognized in the discipline as demonstrated by the
submission of evidence of the group's receipt of or
nomination for significant international awards or prizes
for outstanding achievement, or evidence of at least three
of the following:
A. The beneficiary or group has performed, and will
perform as a starring or leading group in productions or
events with a distinguished reputation;
B. The beneficiary or group has achieved international
recognition and acclaim for outstanding achievement in
the field;
C. The group has performed, and will perform, services as
a star or leading group for organizations and
establishments that have a distinguished reputation;
D. The beneficiary or group has a record of major
commercial or critically acclaimed success;
E. The beneficiary or group has received significant
recognition for achievements from critics,
organizations, government agencies, or other
recognized experts in the field; or
F. The beneficiary or group commands a high salary or
other substantial remuneration for services compared to
other similarly situated in the field.
3. Evidence that 75 percent of the members of the group
have had a sustained and substantial relationship with the
group for at least one year. Provide a list of the alien's
functions which are integral to the group's performance.
By filing for a P-1 group, the petitioner certifies that at least
75 percent of the group members have been performing
regularly together for at least 1 year. The 1-year requirement
does not apply to circus groups coming to perform with
nationally recognized circuses.
Attach a separate statement to the form to request a waiver of:
1. The 1-year relationship requirement due to exigent
circumstances; or
2. The international recognition requirement (1) due to
emergent circumstances, or (2) because the group has been
nationally recognized as outstanding in its discipline for a
sustained and substantial period of time.

Form I-129 Instructions (Rev. 10/15/10)N Page 13

P-2

Essential Support Personnel

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.

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 which cannot be readily
performed by a U.S. worker and which are essential to the
successful performance or services of the principal P-1, P-2, or
P-3. The accompanying personnel must have appropriate
qualifications, prior experience and critical knowledge of the
specific services to be performed by the principal P-1, P-2, or
P-3 petition.

Write P-2 in the classification block on the petition.
The petition must be filed by the sponsoring organization or
U.S. employer with:
1.

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

2.

A copy of the reciprocal exchange program agreement;

Write P-1S, P-2S, or P-3S as appropriate in the classification
block on the petition. The petition must be submitted with:

3.

A statement from the sponsoring organization describing
the reciprocal agreement as it relates to the petition;

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

4.

Evidence that the beneficiary and the U.S. artist or group
have comparable skills and that the terms of employment
are similar; and

2. Evidence of the beneficiary's qualifications to perform the
services, if any;

5.

Evidence that an appropriate labor organization in the
United States was involved in negotiating or concurred
with the exchange.

P-3

3. A statement describing the beneficiary's critical knowledge
of the specific services to be performed and prior
experience with the principal P-1, P-2, or P-3;
4. Statements or affidavits from persons with first-hand
knowledge that the beneficiary has had substantial
experience performing the critical skills and essential
support services for the principal P-1, P-2, or P-3; and

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
and which will further the understanding or development
of the art form.

5. A copy of any written contract between the employer and
the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed.

Write P-3 in the classification block on the petition. The
petition must be submitted with:

Q-1

1.

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

2.

Evidence that all performances will be culturally unique;
and either
A. Affidavits, testimonials, or letters from recognized
experts attesting to the authenticity of the beneficiary's
or group's skills in presenting, coaching, or teaching
art forms; or
B. Documentation that the performance of the beneficiary
or group is culturally unique as evidenced by actual
reviews in newspapers, journals, or other published
material.

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.
Form I-129 Instructions (Rev. 10/15/10)N Page 14

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

5.

Has the financial ability to remunerated 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 remunerated the
participant(s), submit your organizations most recent annual
report, business income tax return, or other form of certified
accountant's report.
If the proposed dates of employment are within 15 months of a
previously approved Q-1 petition filed by the same
international cultural exchange program with the above
evidence of the program, a copy of the approval notice for that
prior petition may be submitted in lieu of the evidence about
the program required above.

R-1
An R-1 is an alien who is coming temporarily to be
employed at least part time (average of at least 20 hours
per week) by a bona fide nonprofit religious organization
in the United States (or a bona fide organization that is
affiliated with the religious denomination in the United
States) to work:
1.

Solely as a minister;

2.

In a religious vocation; or

3.

In a religious occupation.

To qualify, the alien must have been a member of a religious
denomination that has a bona fide nonprofit religious
organization in the United States, for at least 2 years
immediately preceding the filing of the petition.

B. For a religious organization that is recognized as taxexempt under a group tax-exemption, a currently valid
determination letter from the IRS establishing that the
group is tax exempt; or
C. For a bona fide organization that is affiliated with the
religious denomination, if the organization was granted
tax-exempt status under section 501(c)(3) of the
Internal Revenue Code (IRC) of 1986, or subsequent
amendment or equivalent sections of prior enactments
of the IRC, as something other than a religious
organization:
i.

A currently valid determination letter from the IRS
establishing that the organization is a tax-exempt
organization;

ii. 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;
iii. Organizational literature, such as books, articles,
brochures, calendars, flyers, and other literature
describing the religious purpose and nature of the
activities of the organization; and
iv. Religious Denomination Certification, which is part
of the R-1 Classification Supplement to Form
I-129, completed, signed, and dated by the religious
organization certifying that the petitioning
organization is affiliated with the religious
denomination.
2. Employer Attestation, which is part of the R-1
Classification Supplement to Form I-129, completed,
signed, and dated by an authorized official of the
petitioner;
3. Verifiable evidence of how the petitioner intends to
compensate the beneficiary, including salaried or nonsalaried compensation;
4. 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;
5. Evidence that the beneficiary has been a member in the
religious denomination during at least 2 years immediately
preceding the filing of the petition; and

Write R-1 in the classification block on the petition.
The petition must be filed by a U.S. employer with:
1.

6. Evidence to establish the beneficiary is qualified to
perform the duties of the offered position.

Evidence relating to the petitioning organization:
A. Currently valid determination letter from the Internal
Revenue Service (IRS) establishing that the
organization is a tax-exempt organization; or
Form I-129 Instructions (Rev. 10/15/10)N Page 15

Part 2. Petition Only Required for an Alien in the
United States to Change Status or Extend
Stay
The following classifications listed in this Part 2 do not
require a petition for new employment if the alien is outside
the United States.
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.

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. The Department of State maintains a list of
countries with qualifying treaties. See http://travel.state.
gov/visa/frvi/reciprocity/reciprocity_3726.html for a list of
qualifying countries.
Write E-1 in the classification block on the petition.
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 more than 50
percent of the E-1's total volume of international trade is
conducted between United States and the treaty country.
An employee of an E-1 treaty trader who possesses the same
nationality as the E-1 employer may also be classified as E-1.
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. The E-1 employee may perform
work for the parent treaty organization or enterprise, or any
subsidiary of the parent organization or enterprise.
The petition must be filed with evidence of:
1. Ownership and Nationality. Such evidence may include
but is 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, which is an amount of trade sufficient
to ensure a continuous flow of international trade items
between the United States and the treaty country. Such
evidence may include 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, or other probative documentation
establishing the requisite substantial trade; and
3. For E-1 employees only: Executive or Supervisory Duties
or special qualifications essential to the enterprise,
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.

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.
The Department of State maintains a list of countries with
qualifying treaties. See http://travel.state.gov/visa/frvi/
reciprocity/reciprocity_3726.html for a list of qualifying
countries.
Write E-2 in the classification block on the petition.
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 be 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 funds must not have been obtained, directly
or indirectly, from criminal activity. The enterprise must be
more than marginal.
An employee of an E-2 who possesses the same nationality as
the E-2 employer may also be classified as 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.
The petition must be filed with evidence of:
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;

Form I-129 Instructions (Rev. 10/15/10)N Page 16

2.

3.

Substantial investment, 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 profession accountants,
advertising invoices, business bank accounts containing
funds for routine operations, funds held in escrow; and
For E-2 employees only: Executive or Supervisory
Duties or special qualifications essential to the enterprise,
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.

Free Trade Nonimmigrants (H-1B1 and TNs)
A Free Trade Nonimmigrant is a temporary nonimmigrant
classification based on the provisions of a Free Trade
Agreement between the United States and the alien's country
of citizenship. Currently there are 2 stand alone Free Trade
Nonimmigrant classifications available.
A TN nonimmigrant is a citizen of Canada or Mexico
covered by the North American Free Trade Agreement
who is coming to the United States to engage temporarily in
business activities at a professional level. Depending on the
specific type of business activity, a TN must at least have a
bachelor's degree or, in certain limited instances, other
appropriate credentials which demonstrate status as a
professional. The acceptable types of TN business activities
at a professional level are listed at 8 CFR 214.6(c).
Write TN in the classification block on the petition.
If requesting a "Change of Status" to TN, the applicant must
submit evidence demonstrating that he or she will be engaged
in business activities at a professional level and that the
applicant possesses the requisite professional qualifications.
Acceptable evidence may include, but is not limited to, the
following:
1.

2.

A letter from the employer stating the activity to be
engaged in, the anticipated length of stay, and the
arrangements for remuneration;
A copy of the beneficiary's last 2 pay stubs and W-2 if
employed in the United States; and

3. Evidence the beneficiary meets the educational and/or
licensing requirements for the profession or occupation.
If requesting an "Extension of Stay" in TN classification,
submit evidence, such as a letter, describing the continuing
employment and evidence of the beneficiary's continued valid
licensing (if required by the profession and/or the State).

A H-1B1 is an alien from Chile or Singapore coming
temporarily to perform services in a specialty occupation.
See the instructions for H-1B nonimmigrants for the
definition of "specialty occupation."
Write H-1B1 in the classification block on the petition.
All evidence listed on page 5 for H-1B specialty occupation
classification and the following supplements must be
submitted with the petition:
1.

Nonimmigrant Classification Based on a Free Trade
Agreement Supplement; and

2.

H Classification Supplement; and

3. H-1B Data Collection and Filing Fee Exemption
Supplement.
If requesting an "Extension of Stay," submit evidence, such
as a letter describing the continuing employment, as well as
evidence of the beneficiary's continued valid licensing (if
required by the profession and/or the State). Also, if this
extension is the sixth consecutive extension requested for this
beneficiary, a statement to that effect should be provided.

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 above and with the initial evidence required
by the separate instructions for all petitions involving change
of status.

Extension of Stay
Extension of Stay For All Except Free Trade
Nonimmigrants
A petition requesting an extension of stay for an employee in
the United States must be filed with a copy of the beneficiary'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.
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. A petition requesting an extension
must be submitted with:
1. The appropriate supplement(s) for the classification;
2. A letter describing the proffered employment;

Form I-129 Instructions (Rev. 10/15/10)N Page 17

3.

A copy of the beneficiary's last 2 pay stubs and W-2, if
applicable;

4.

Evidence the beneficiary continues to meet the licensing
requirements for the profession or occupation, if
applicable;

5.

If requesting an extension of H-1B status (including
H-1B1 Chile/Singapore), evidence that a labor condition
application for the specialty occupation valid for the
period of time requested has been certified by the
Department of Labor;

6.

7.

If requesting H-2A status, submit a temporary labor
certification valid for the dates of the extension, unless it
is based on a continuation of previously approved
employment due to exigent circumstances and the
extension will last no longer than 2 weeks;
If requesting H-2B status, submit a U.S. Department of
Labor approved temporary labor certification valid for the
dates of extension.

Special Considerations for Beneficiaries Residing in
CNMI
An alien who was admitted to the CNMI prior to November
28, 2009 may not currently hold a Federal nonimmigrant
classification that permits a change of status. However, in
certain situations, a petitioner may request that the beneficiary
be granted initial status in the CNMI. This will allow certain
beneficiaries who were present in the CNMI prior to the
transition date and are currently lawfully present in the CNMI
with a valid unexpired CNMI status to be granted an initial
status without having to depart the CNMI. Additionally, an
alien who is currently in parole status in the CNMI may also
be granted an initial status in the CNMI.
The E-2 CNMI investor regulations permit a petitioner to
request that the alien be granted an initial E-2 CNMI investor
status in the CNMI. In addition to the classification
requirements, the petitioner must submit documentation that
the beneficiary is currently lawfully present in the CNMI.
The regulation at 8 CFR 212.4(k) indicates that if the
beneficiary is lawfully present in the CNMI as described, the
beneficiary may apply for a change of status with this form
without having to seek consular processing. In addition to the
classification requirements, the petitioner must submit
documentation that the beneficiary is currently lawfully
present in the CNMI.
A petition for a grant of initial status for a beneficiary
currently in the CNMI with a CNMI issued permit must be
filed on or before November 27, 2011.

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 beneficiary'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 that on the petition. However, 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.

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.

Liability for Return Transportation
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 beneficiary who is dismissed before the end of
the period of authorized employment.

When to File?
Generally, a Form I-129 petition may not be filed more than 6
months prior to the date employment is scheduled to begin.
Petitioners should review the appropriate regulatory
provisions in 8 CFR that relate to the nonimmigrant
classification sought.
Form I-129 Instructions (Rev. 10/15/10)N Page 18

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.

Guam

Montana
Nebraska

Hawaii

Nevada

Idaho

North Dakota

Illinois

Ohio
Oregon

CNMI*

Indiana

South Dakota
Utah

Where to File?

Iowa

Regular Processing

Michigan
Minnesota

Washington

Missouri

Wyoming

Kansas

Generally, except for the classifications listed below, the Form
I-129 is filed at the California Service Center or Vermont
Service Center, depending on the location of the temporary
employment or training. When the temporary employment
or training will be multiple locations, the State where your
company or organization is located will determine which
Service Center you should send your petition to.
Prior to submitting your form(s), note the different addresses
(see "Mailing Addresses" section on page 20).
Exceptions: Regardless of work locations, the following
types of petitions should always be sent to the California
Service Center.
1.

H-2A

2.

R-1

3.

H-1B petitions where the employer is statutorily exempt
from the cap

4.

E-1 and E-2, petitions for extension of stay or change of
status only

Regardless of work locations, the following types of petitions
should always be sent to the Vermont Service Center.
1.

H-1C

2.

E-3, Petitions for extension of stay or change of status
only

3.

Free Trade Nonimmigrants (H-1B1 aliens from Chile/
Singapore and TN aliens from Canada or Mexico),
petitions for extension of stay or change of status only

4.

P-1, Major League Sports Organizations

Failure to follow these instructions may result in the
rejection, delay, or denial of your petition.

Wisconsin

*Commonwealth of the Northern Mariana Islands

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

New Mexico

Arkansas
Connecticut
Delaware
District of Columbia

New York
North Carolina
Oklahoma
Pennsylvania

Florida
Georgia
Kentucky

Puerto Rico
Rhode Island
South Carolina
Tennessee
Texas

Louisiana
Maine
Maryland
Massachusetts

Vermont
Virginia

Mississippi
New Hampshire

U.S. Virgin Islands
West Virginia

New Jersey

Premium Processing:
If you are requesting Premium Processing Services for a Form
I-129, you must also file a Form I-907, Request for Premium
Processing Services. Before you file the I-129/I-907 package,
check www.uscis.gov Web site to ensure that the requested
classification is eligible for premium processing.

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

California

Arizona

Colorado

E-Filing
If you are e-filing this petition, it will automatically be routed
to the appropriate Service Center. You will receive a receipt
indicating the location to which it was routed. The submission
of supporting documents and any other communication
regarding your e-filed petition should be directed to the
receiving location indicated on your receipt.
Form I-129 Instructions (Rev. 10/15/10)N Page 19

Mailing Addresses
The mailing addresses provided below reflect the most current information as of the date this form was last printed. If you are filing
this form more than 30 days after the edition date printed this form (shown in the lower right-hand corner), check before you file to
confirm that this is the most current version of the Form I-129 to use by either (1) visiting the "Forms and Fees" section at
www.uscis.gov or (2) if you do not have Internet access, call Customer Service at 1-800-375-5283.

California Service Center
Petition Type

Regular Mailing

Courier Mailing

All CNMI I-129 Petitions (filed
for any classification included on
this form for employment in the
CNMI)

USCIS
California Service Center
ATTN: CNMI I-129
P.O. Box 10698
Laguna Niguel, CA 92607-1098

USCIS
California Service Center
ATTN: CNMI I-129
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

(Note the nonimmigrant classification
requested in the attention line.)

Guam H-1B and H-2B Petitions

(Note the nonimmigrant classification requested in
the attention line.)

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

USCIS
California Service Center
ATTN: Guam I-129
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

(Note the nonimmigrant classification
requested in the attention line.)

(Note the nonimmigrant classification requested
in the attention line.)

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

USCIS
California Service Center
ATTN: H-1B Extensions
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

H-2A Petitions

USCIS
California Service Center
ATTN: H-2A Processing Unit
P.O. Box 10140
Laguna Niguel, CA 92607-1040

USCIS
California Service Center
ATTN: H-2A Processing Unit
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

All Other I-129 Petitions

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

USCIS
California Service Center
ATTN: I-129
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

(Note the nonimmigrant classification
requested in the attention line)

(Note the nonimmigrant classification requested in
the attention line)

Form I-129 Instructions (Rev. 10/15/10)N Page 20

Mailing Addresses
California Service Center
Petition Type

Regular Mailing

Premium Processing I-129/I-907 Premium Processing Service
Packages
USCIS
California Service Center
ATTN: I-129
P.O. Box 10825
Laguna Niguel, CA 92607
(Note the nonimmigrant classification
requested in the attention line.)

Courier Mailing
Premium Processing Service
USCIS
California Service Center
ATTN: I-129
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
(Note the nonimmigrant classification requested
in the attention line.)

Premium Processing E-Mail address: [email protected]

Vermont Service Center
Petition Type

Regular & Courier Mailing

Premium Processing I-129/I-907 Packages

H-1B Cap-Subject Petitions

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

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

H-1B U.S. Master's Cap Petitions USCIS
Vermont Service Center
ATTN: H-1B U.S. Master's Cap
4 Lemnah Drive
St. Albans, VT 05479-0001

All Other I-129 Petitions

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

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

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

(Note the nonimmigrant classification
requested in the attention line)

(Note the nonimmigrant classification requested in
the attention line)

Premium Processing e-mail address: [email protected]

Form I-129 Instructions (Rev. 10/15/10)N Page 21

What Is the Filing Fee?
The base filing fee for this petition is $325.
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 $325 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 Form I-129 who is required to pay the
ACWIA 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 ACWIA fee and one for
the petition fee.
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 a $500 fee. This $500 Fraud Prevention and
Detection fee was mandated by the provisions of the H-1B
Visa Reform Act of 2004.
Those petitioners required to submit the $500 Fraud
Prevention and Detection fee are also required to submit either
an additional $2,000 (H-1B) or $2,250 (L-1) fee mandated by
Public Law 111-230 if:
1. The petitioner employs 50 or more individuals in the
United States;
2. More than 50% of those employees are in H-1B or L
nonimmigrant status; and
3. The petition is filed before October 1, 2014.
The Fraud Prevention and Detection fee and Public Law
111-230 fee, when applicable, may not be waived, and each
fee should be submitted in separate checks or money
orders. 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.
Petitioners for Chile or Singapore H-1B1 Free Trade
Nonimmigrants do not have to pay the $500 Fraud Prevention
and Detection Fee or the additional fee required under Public
Law 111-230.
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.

NOTE: An additional biometric service fee as described in
8 CFR 103.7(b) is required if the alien is lawfully present in
the CNMI when applying for an initial grant of E-2C status.
After submission of the form, USCIS will notify you about
when and where to go for biometric services.
NOTE: An additional biometric service fee as described in 8
CFR 103.7(b) is required if the alien is lawfully present in the
CNMI when applying for an initial grant of a federal
nonimmigrant status. After submission of the form, USCIS
will notify you about when and where to go for biometric
services.
Fees must be submitted in the exact amount and cannot be
refunded. Do not mail cash. All checks and money orders
must be drawn on 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.
When preparing the check or money order, spell out
Department of Homeland Security. Do not use the initials
“DHS” or “USDHS.”
Checks are accepted, subject to collection. An uncollected
check will render the petition and any document issued
invalid. A charge of $30 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, to 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.
Form I-129 Instructions (Rev. 10/15/10)N Page 22

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.
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.

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

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.

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.
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.
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.

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.

Form I-129 Instructions (Rev. 10/15/10)N Page 23

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, Office of the Executive
Secretariat, 20 Massachusetts Avenue, N.W., Washington, DC
20529-2020, OMB No. 1615-0009. Do not mail your
application to this address.

Form I-129 Instructions (Rev. 10/15/10)N Page 24