Page 3,
Who
May File Form I-129?
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[Page 3]
Who May File 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. or Part
2. of these instructions. A foreign employer, U.S. agent, or
association of U.S. agricultural employers may file for certain
classifications as indicated in the specific instructions.
Agents. A U.S. individual
or company in business as an agent may file a petition for workers
who are traditionally self-employed or workers who use agents to
arrange short-term employment on their behalf with numerous
employers, and in cases where a foreign employer authorizes the
agent to act on its behalf. A petition filed by an agent must
include a complete itinerary of services or engagements, including
dates, names, and addresses of the actual employers, and the
locations where the services will be performed. A petition filed
by a U.S. agent must guarantee the wages and other terms and
conditions of employment by contractual agreement with the
beneficiary or beneficiaries of the petition. The agent/employer
must also provide an itinerary of definite employment and
information on any other services planned for the period of time
requested.
Including more than one alien in
a petition. You may include on the same petition multiple
aliens who seek admission in the H-2A, H-2B, H-3, P-1, P-2, P-3,
P-1S, P-2S, P-3S, O-2, or Q-1 classifications provided all will:
1. Be employed for the same
period of time; and
2. Perform the same services,
receive the same training, or participate in the same
international cultural exchange program.
NOTE: Employers must file a
separate Form I-129 to petition for O and P essential support
personnel apart from any petition they file for O or P principal
aliens or P group or team. All essential-support beneficiaries
listed on this petition must establish prior essentiality to the
principal O or P aliens.
Exception: It is recommended
that H-2A and H-2B petitions for workers from countries not listed
on the respective “Eligible Countries List” be filed
separately. See www.uscis.gov for the list of H-2A and H-2B
participating countries.
Multiple locations. A
petition for aliens 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.
…
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[Page 3]
Who May File 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. or Part
2. of these instructions. A foreign employer, U.S. agent, or
association of U.S. agricultural employers may file for certain
classifications as indicated in the specific instructions.
Agents. A U.S. individual
or company in business as an agent may file a petition for workers
who are traditionally self-employed or workers who use agents to
arrange short-term employment on their behalf with numerous
employers, and in cases where a foreign employer authorizes the
agent to act on its behalf. 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
must also provide an itinerary of definite employment and
information on any other services planned for the period of time
requested.
Including more than one alien in
a petition. You may include on the same petition multiple
aliens who seek admission in the H-2A, H-2B, H-3, P-1, P-2, P-3,
P-1S, P-2S, P-3S, O-2, or Q-1 classifications provided all will:
1. Be employed for the same
period of time; and
2. Perform the same services,
receive the same training, or participate in the same
international cultural exchange program.
NOTE: Employers must file a
separate Form I-129 to petition for O and P essential support
personnel apart from any petition they file for O or P principal
aliens or P group or team. All essential-support beneficiaries
listed on this petition must establish prior essentiality to the
principal O or P aliens.
Exception: It is recommended
that H-2A and H-2B petitions for workers from countries not listed
on the respective “Eligible Countries List” be filed
separately. See www.uscis.gov for the list of H-2A and H-2B
participating countries.
Multiple locations. A
petition for aliens 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. This general itinerary requirement
does not apply to H-1B petitions.
[no changes]
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Pages 3-6,
General Filing
Instructions
|
[Page 3]
General Filing Instructions
…
How to Fill Out Form I-129
1. Type or print legibly in
black ink.
2. Complete the basic form
and any relating supplements.
3. If you need extra space to
complete any item, go to Part 10., Additional Information About
Your Petition for Nonimmigrant Worker, indicate the Page
Number, Part Number, and Item Number to which
your answer refers, and date and sign each sheet.
4. Answer all questions fully
and accurately. If an item is not applicable or the answer is
“none,” type or print “N/A.”
5. Submit a duplicate copy of
the petition and all supporting documentation. Failure to do
so may result in delays in processing this petition or in visa
processing abroad.
Petitioner Information
Complete the “Legal Name of
Petitioner” field (if the petitioner is an individual
person or a company or organization). For mailing address, list
the address of the petitioner’s primary office within
the United States. This address will determine the filing
jurisdiction if the beneficiary will be providing services or
completing training in multiple locations.
…
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[Page 3]
General Filing Instructions
…
How to Fill Out Form I-129
1. Type or print legibly in
black ink.
2. Complete the basic form
and any relating supplements.
3. If you need extra space to
complete any item, go to Part 10., Additional Information About
Your Petition for Nonimmigrant Worker, indicate the Page
Number, Part Number, and Item Number to which
your answer refers, and date and sign each sheet.
4. Answer
all questions fully and accurately. If an item is not applicable
(for example, if you have never been married and the question
asks, “Provide the name of your current spouse”), type
or print “N/A.” If your answer to a question which
requires a numeric response is zero or none (for example, “How
many children do you have” or “How many times have you
departed the United States”), type or print “None”
unless otherwise directed.
5. Submit a duplicate copy of
the petition and all supporting documentation. Failure to do
so may result in delays in processing this petition or in visa
processing abroad.
Petitioner Information
If you are an
individual or sole proprietor filing this petition, complete Item
Number 1. If
you are a company or an organization filing this petition,
complete Item Number 2.
Item
Number 2. Petitioning Company or Organization Name. If
you are a company or an organization filing this application,
provide the name of your company or organization.
For
mailing address, list the address of the petitioner’s
primary office within the United States. This address will
determine the filing jurisdiction if the beneficiary will be
providing services or completing training in multiple locations.
[no changes]
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Pages 10-25,
Part 1. Petition
Always Required
|
[Page 10]
Part 1. Petition Always Required
…
[Page 11]
H-1B Nonimmigrants (Three
Types)
[new]
The H-1B classification is for
aliens coming to the United States temporarily to perform services
in a specialty occupation.
Write H-1B in the
classification 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 a U.S.
employer or a U.S. agent 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;
[new]
3. Evidence showing that the
beneficiary has the required degree by submitting either:
A. A copy of the
beneficiary’s U.S. bachelor’s 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,
specialized training, and/or progressively responsible experience
that is equivalent to the required U.S. degree.
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. If you are filing an H-1B
cap petition for a fiscal year that H-1B registration is required,
you must provide a valid Beneficiary Confirmation Number for the
beneficiary included in this petition, along with a copy of the
H-1B Registration Selection Notice.
NOTE: This evidence
requirement is not applicable to H-1B2 petitions.
7. 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 in Part
5., Basic Information About the Proposed Employment and Employer.
Petitioners should advise the H-1B beneficiary of the off-site
work 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.
…
General H-1B Requirements
Three relevant laws impacting the
filing of H-1B and/or L visa petitions; include:
1. The American
Competitiveness and Workforce Improvement Act (ACWIA), Public
Law 105-277 (signed into law on October 21, 1998);
2. The H-1B Visa Reform
Act of 2004 (signed into law on December 8, 2004); and
3. Public Law 114-113 (signed
into law on December 18, 2005).
Because of ACWIA, H-1B and H-1B1
free trade nonimmigrant petitioners must complete the H-1B Data
Collection and Filing Fee Exemption Supplement, which is part of
this petition. We use this supplement (formerly issued separately
as Form I-129W) to collect additional information about the H-1B
nonimmigrant workers and the H-1B petitioners, and to determine
the applicability of fees mandated by ACWIA (INA section
214(c)(9)), the H-1B1 Visa Reform Act of 2004 (INA section
214(c)(12)), and Public Law 114-113.
A petitioner 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 employer, must submit an additional $500
Fraud Prevention and Detection 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 $4,000 (H-1B) or $4,500 (L-1) fee
mandated by Public Law 114-113, if:
1. The petitioner employs 50
or more individuals in the United States;
2. More than 50 percent of
those employees are in H-1B or L-1A or L-1B nonimmigrant status;
and
3. The petition is filed on
or after December 18, 2015.
The Fraud Prevention and
Detection Fee and Public Law 114-113 Fee, when applicable, may not
be waived. Each fee should be submitted by separate check or
money order.
To determine if they are subject to
any of these fees, petitioners 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
A U.S. employer or U.S. agent who
seek to place a beneficiary in H-1B classification (including
H-1B1 classification for free trade aliens from Chile and
Singapore) must file this supplement.
…
8. 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 website at www.uscis.gov.
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[Page 10]
Part 1. Petition Always Required
…
H-1B Nonimmigrants (Three
Types)
NOTE: For
all H-1B petitions, a U.S. employer is a person, firm,
corporation, company, or other association or organization in the
United States that:
1.
Engages the beneficiary to work within the United States, and has
a bona fide, non-speculative job offer for the beneficiary;
2.
Has an employer-employee relationship with respect to employees
under this part; and
3.
Has an Internal Revenue Service tax identification number.
The H-1B classification is for
aliens coming to the United States temporarily to perform services
in a specialty occupation.
Write H-1B in the
classification block.
A specialty occupation is one that
requires the theoretical and practical application of a body of
highly specialized knowledge in fields
of human endeavor (such as architecture, engineering, mathematics,
physical sciences, social sciences, medicine and health,
education, business specialties, accounting, law, theology, or the
arts) and requires the
attainment of a U.S. bachelor’s or higher degree in a
directly related specific specialty, or its equivalent, as a
minimum for entry into the occupation in the United States. The
required specialized studies must be directly related to the
position. A position is not a
specialty occupation if attainment of a general degree, such as
business administration or liberal arts, without further
specialization, is sufficient to qualify for the position. While a
position may allow a range of degrees or apply multiple bodies of
highly specialized knowledge, each of those qualifying degree
fields must be directly related to the proffered position. A
proffered position does not meet the definition of specialty
occupation unless it also satisfies at least one of the following
criteria:
1.
A U.S. baccalaureate or higher degree in a directly related
specific specialty, or its equivalent, is the minimum requirement
for entry into the particular occupation in which the beneficiary
will be employed;
2.
A U.S. baccalaureate or higher degree in a directly related
specific specialty, or its equivalent, is the minimum requirement
for entry into parallel positions at similar organizations in the
employer’s United States industry;
3.
The employer has an established practice of requiring a U.S.
baccalaureate or higher degree in a directly related specific
specialty, or its equivalent, for the position. The petitioner
must also establish that the proffered position requires such a
directly related specialty degree, or its equivalent, to perform
its duties; or
4.
The specific duties of the proffered position are so specialized,
complex or unique that they can only be performed by an individual
with a U.S. baccalaureate or higher degree in a directly related
specific specialty, or its equivalent.
A
petition must include evidence that the position meets the
definition of specialty occupation and at least one of these
criteria.
The petition must be filed by a U.S.
employer or a U.S. agent 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
that the employer has actual work in a specialty occupation,
available for the beneficiary as of the start date of the validity
period, as requested on the petition;
4.
Evidence showing that the beneficiary has the required
degree by submitting either:
A. A copy of the
beneficiary’s U.S. bachelor’s 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,
specialized training, and/or progressively responsible experience
that is equivalent to the required U.S. degree.
5.
A copy of any required license or other official permission to
practice the occupation in the state of intended employment; and
6.
A copy of any written contract 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.
7.
If you are filing an H-1B cap petition for a fiscal year that H-1B
registration is required, you must provide a valid Beneficiary
Confirmation Number for the beneficiary included in this petition,
along with a copy of the H-1B Registration Selection Notice.
NOTE: This evidence
requirement is not applicable to H-1B2 petitions.
8.
H-1B Beneficiaries Working at Third-Party Worksites:
Petitioners
seeking to place the H-1B beneficiary
at one or more third-party
worksites must
answer general questions regarding this assignment in Part
5., Basic Information About the Proposed Employment and Employer.
Petitioners should advise the H-1B beneficiary of
their intended placement at a third-party worksite. “Third-party
worksite” means a
worksite,
other than the beneficiary’s residence in the United States,
that is not owned or leased, and not operated, by the petitioner.
A “worksite” means the physical location where the
work actually is performed by the H-1B nonimmigrant. A “worksite”
will not include any location that would not be considered a
“worksite” for LCA purposes.
NOTE:
Where the beneficiary will be placed at a third-party worksite,
the maximum validity period is one year.
Additionally, petitioners seeking to place
the H-1B beneficiary at a third-party
worksite must submit evidence such as contracts, work orders, or
other similar corroborating evidence showing that the petitioner
will have an employer-employee relationship with the beneficiary,
and that the beneficiary will perform services in a specialty
occupation at the third-party worksite(s).
[no changes]
General H-1B Requirements
H
Classification Supplement
Section 1,
Item Number 7. Select all of the
checkboxes that apply, according to the explanations for each
option (a. through d.).
a. Recapture time.
This is time the beneficiary spent outside the United States or in
a nonimmigrant status other than H-1B, H-2, H-3, or L-1, since
first obtaining H-1B or L-1 status and for purposes of calculating
the beneficiary’s 6-year period of authorized admission.
b. 3-year
Per-Country Limitations Exemption.
This is an exemption under 8 CFR 214.2(h)(13)(iii)(E) to the
6-year maximum period of H-1B admission. A beneficiary may receive
this exemption if they are:
1. The
beneficiary of an approved immigrant petition granted under INA
section 203(b)(1), (2), or (3); and
2. Eligible to
be granted immigrant status but for application of the per country
limitations.
c. 1-year
Lengthy Adjudication Delay Exemption. This
is an exemption under 8 CFR 214.2(h)(13)(iii)(D) to the 6-year
maximum period of H-1B admission. A beneficiary may receive an
extension in one-year increments beyond the maximum period of H-1B
admission, if at least 365 days have passed since:
1. The filing
of a permanent labor certification with the Department of Labor
for the purpose of filing an immigrant visa petition under INA
section 203(b); or
2. The filing
of an immigrant visa petition (Form I-140) with USCIS under INA
section 203(b).
The extension
can be approved for up to one year until the approved permanent
labor certification expires or a final decision has been made to:
A. Deny the
application for permanent labor certification, or, if approved,
revoke or invalidate;
B. Deny the
immigrant visa petition, or, if approved, revoke;
C. Deny or
approve the beneficiary’s application for an immigrant visa
or application to adjust status to lawful permanent residence; or
D.
Administratively or otherwise close the application for permanent
labor certification, immigrant visa petition, or application to
adjust status.
A beneficiary
is not eligible for further extensions if the beneficiary fails to
file an adjustment of status application or apply for an immigrant
visa within one year of an immigrant visa being authorized for
issuance based on their preference category and country of
chargeability.
d. A
time limit exemption because the beneficiary did not reside
continually in the United States and the beneficiary’s
employment was intermittent, seasonal, or for an aggregate of six
months or less per year.
H-1B and
H-1B1 Data Collection and Filing Fee Exemption Supplement
Three relevant laws impacting the
filing of H-1B and/or L visa petitions; include:
1. The American
Competitiveness and Workforce Improvement Act (ACWIA), Public
Law 105-277 (signed into law on October 21, 1998);
2. The H-1B Visa Reform
Act of 2004 (signed into law on December 8, 2004); and
3. Public Law 114-113 (signed
into law on December 18, 2005).
Because of ACWIA, H-1B and H-1B1
free trade nonimmigrant petitioners must complete the H-1B Data
Collection and Filing Fee Exemption Supplement, which is part of
this petition. We use this supplement (formerly issued separately
as Form I-129W) to collect additional information about the H-1B
nonimmigrant workers and the H-1B petitioners, and to determine
the applicability of fees mandated by ACWIA (INA section
214(c)(9)), the H-1B1 Visa Reform Act of 2004 (INA section
214(c)(12)), and Public Law 114-113.
A petitioner 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 employer, must submit an additional $500
Fraud Prevention and Detection 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 $4,000 (H-1B) or $4,500 (L-1) fee
mandated by Public Law 114-113, if:
1. The petitioner employs 50
or more individuals in the United States;
2. More than 50 percent of
those employees are in H-1B or L-1A or L-1B nonimmigrant status;
and
3. The petition is filed on
or after December 18, 2015.
The Fraud Prevention and
Detection Fee and Public Law 114-113 Fee, when applicable, may not
be waived. Each fee should be submitted by separate check or
money order.
To determine if they are subject to
any of these fees, petitioners must complete the H-1B and H1B1
Data Collection and Filing Fee Exemption Supplement.
A U.S. employer or U.S. agent who
seek to place a beneficiary in H-1B classification (including
H-1B1 classification for free trade aliens from Chile and
Singapore) must file this supplement.
…
8. SOC
Code. This is the Standard
Occupational Classification (SOC) code. You can obtain the SOC
codes from DOL, Bureau of Labor Statistics at www.bls.gov/soc.
Type or print the code from left to right, one digit in each of
the six boxes.
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