I-129 Petition for a Nonimmigrant Worker

Petition for a Nonimmigrant Worker

I129-038-FRM-H2NPRM-OMBReview-07122023

Petition for a Nonimmigrant Worker

OMB: 1615-0009

Document [pdf]
Download: pdf | pdf
Petition for a Nonimmigrant Worker

USCIS
Form I-129

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

OMB No. 1615-0009
Expires 11/30/2025

Partial Approval (explain)

Receipt

Action Block

For
USCIS
Use
Only

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Class:
No. of Workers:
Job Code:
Validity Dates:
From:
To:

Classification Approved
Consulate/POE/PFI Notified
At:

Extension Granted
COS/Extension Granted

► START HERE - Type or print in black ink.

Part 1. Petitioner Information

If you are an individual filing this petition, complete Item Number 1. If you are a company or an organization filing this petition,
complete Item Number 2.
1.

Legal Name of Individual Petitioner
Family Name (Last Name)

Given Name (First Name)

2.

Company or Organization Name

3.

Mailing Address of Individual, Company or Organization

Middle Name

(USPS ZIP Code Lookup)

In Care Of Name

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

4.

Country

Contact Information
Daytime Telephone Number

5.

Postal Code

ZIP Code

Mobile Telephone Number

Email Address (if any)

Other Information
Federal Employer Identification Number (FEIN)
►

Form I-129 Edition 11/02/22

Individual IRS Tax Number

U.S. Social Security Number (if any)

►

►

Page 1 of 38

Part 2. Information About This Petition (See instructions for fee information)
1.

Requested Nonimmigrant Classification (Write classification symbol):

2.

Basis for Classification (select only one box):
a.

New employment.

b. Continuation of previously approved employment without change with the same employer.
c.

Change in previously approved employment.

d. New concurrent employment.

DRAFT
NOT FOR
PRODUCTION
07/12/2023
e.

Change of employer.

f.

Amended petition.

3.

Provide the most recent petition/application receipt number for the
beneficiary. If none exists, indicate "None."

4.

Requested Action (select only one box):
a.

►

Notify the office in Part 4. so each beneficiary can obtain a visa or be admitted. (NOTE: A petition is not required for
E-1, E-2, E-3, H-1B1 Chile/Singapore, or TN visa beneficiaries.)

b. Change the status and extend the stay of each beneficiary because the beneficiary(ies) is/are now in the United States in
another status (see instructions for limitations). This is available only when you check "New Employment" in Item
Number 2., above.
c.

Extend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status.

d. Amend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status.

5.

e.

Extend the status of a nonimmigrant classification based on a free trade agreement. (See Trade Agreement Supplement
to Form I-129 for TN and H-1B1.)

f.

Change status to a nonimmigrant classification based on a free trade agreement. (See Trade Agreement Supplement to
Form I-129 for TN and H-1B1.)

Total number of workers included in this petition. (See instructions relating to
when more than one worker can be included.)

►

Part 3. Beneficiary Information (Information about the beneficiary/beneficiaries you are filing for. Complete the
blocks below. Use the Attachment-1 sheet to name each beneficiary included in this petition.)
1.

If an Entertainment Group, Provide the Group Name

2.

Provide Name of Beneficiary
Family Name (Last Name)

3.

Given Name (First Name)

Provide all other names the beneficiary has used. Include nicknames, aliases, maiden name, and names from all previous marriages.
Family Name (Last Name)

4.

Middle Name

Given Name (First Name)

Middle Name

Other Information
Date of birth (mm/dd/yyyy)

Form I-129 Edition 11/02/22

Gender
Male

U.S. Social Security Number (if any)
Female

►
Page 2 of 38

Part 3. Beneficiary Information (Information about the beneficiary/beneficiaries you are filing for. Complete the
blocks below. Use the Attachment-1 sheet to name each beneficiary included in this petition.) (continued)
Alien Registration Number (A-Number) Country of Birth
► ACountry of Citizenship or Nationality

Province of Birth

5.

If the beneficiary is in the United States, complete the following:
Date of Last Arrival (mm/dd/yyyy) I-94 Arrival-Departure Record Number

Passport or Travel Document Number

DRAFT
NOT FOR
PRODUCTION
07/12/2023
►

Date Passport or Travel Document
Issued (mm/dd/yyyy)

6.

Date Passport or Travel Document
Expires (mm/dd/yyyy)

Passport or Travel Document Country of
Issuance

Current Nonimmigrant Status

Date Status Expires or D/S (mm/dd/yyyy)

Student and Exchange Visitor Information System (SEVIS) Number (if
any)

Employment Authorization Document (EAD)
Number (if any)

Current Residential U.S. Address (if applicable) (do not list a P.O. Box)
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code

Part 4. Processing Information
1.

If a beneficiary or beneficiaries named in Part 3. is/are outside the United States, or a requested extension of stay or change of
status cannot be granted, state the U.S. Consulate or inspection facility you want notified if this petition is approved.
a. Type of Office (select only one box):

Consulate

b. Office Address (City)

Pre-flight inspection

Port of Entry

c. U.S. State or Foreign Country

d. Beneficiary's Foreign Address
Street Number and Name

Apt. Ste. Flr. Number

City or Town

Province

2.

State

Postal Code

Does each person in this petition have a valid passport?

Form I-129 Edition 11/02/22

Country

Yes

No. If no, go to Part 9. and type or print your
explanation.

Page 3 of 38

Part 4. Processing Information (continued)
3.

Are you filing any other petitions with this one?
Yes. If yes, how many? ►

4.

No

Are you filing any applications for replacement/initial I-94, Arrival-Departure Records with this petition? Note that if the
beneficiary was issued an electronic Form I-94 by CBP when he/she was admitted to the United States at an air or sea port, he/
she may be able to obtain the Form I-94 from the CBP Website at www.cbp.gov/i94 instead of filing an application for a
replacement/initial I-94.
Yes. If yes, how many? ►

5.

6.

No

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Are you filing any applications for dependents with this petition?
Yes. If yes, how many? ►

No

Is any beneficiary in this petition in removal proceedings?

Yes. If yes, proceed to Part 9. and list the beneficiary's(ies) name(s).

7.

Have you ever filed an immigrant petition for any beneficiary in this petition?
Yes. If yes, how many? ►

8.

No

Did you indicate you were filing a new petition in Part 2.?
Yes. If yes, answer the questions below.

a.

No. If no, proceed to Item Number 9.

Has any beneficiary in this petition ever been given the classification you are now requesting within the last seven years?
Yes. If yes, proceed to Part 9. and type or print your explanation.

b.

No

Have you ever previously filed a nonimmigrant petition for this beneficiary?
Yes. If yes, proceed to Part 9. and type or print your explanation.

10.

No

Has any beneficiary in this petition ever been denied the classification you are now requesting within the last seven years?
Yes. If yes, proceed to Part 9. and type or print your explanation.

9.

No

No

If you are filing for an entertainment group, has any beneficiary in this petition not been with the group for at least one year?
Yes. If yes, proceed to Part 9. and type or print your explanation.

No

11.a. Has any beneficiary in this petition ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange visitor?
Yes. If yes, proceed to Item Number 11.b.

No

11.b. If you checked yes in Item Number 11.a., provide the dates the beneficiary maintained status as a J-1 exchange visitor or J-2
dependent. Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility for Exchange
Visitor (J-1) Status, a Form IAP-66, or a copy of the passport that includes the J visa stamp.

Part 5. Basic Information About the Proposed Employment and Employer
Attach the Form I-129 supplement relevant to the classification of the worker(s) you are requesting.
1.

Job Title

Form I-129 Edition 11/02/22

2. LCA or ETA Case Number

Page 4 of 38

Part 5. Basic Information About the Proposed Employment and Employer (continued)
3.

Address where the beneficiary(ies) will work if different from address in Part 1.
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code

4.

Did you include an itinerary with the petition?

5.

Will the beneficiary(ies) work for you off-site at another company or organization's location?

Yes

No

6.

Will the beneficiary(ies) work exclusively in the Commonwealth of the Northern Mariana Islands (CNMI)?

Yes

No

7.

Is this a full-time position?

Yes

No

8.

If the answer to Item Number 7. is no, how many hours per week for the position? ►

9.

Wages:

10.

Other Compensation (Explain)

11.

Dates of intended employment From: (mm/dd/yyyy)

12.

Type of Business

14.

Current Number of Employees in the United States

Yes

No

DRAFT
NOT FOR
PRODUCTION
07/12/2023
$

Form I-129 Edition 11/02/22

per (Specify hour, week, month, or year)

►

To: (mm/dd/yyyy)

13. Year Established

15. Gross Annual Income

16. Net Annual Income

Page 5 of 38

Part 6. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign
Persons in the United States
(This section of the form is required only for H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitions. It is not required for any other
classifications. Please review the Form I-129 General Filing Instructions before completing this section.)
Select Item Number 1. or Item Number 2. as appropriate. DO NOT select both boxes.
With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner
certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR)
and has determined that:
1.
2.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

A license is not required from either the U.S. Department of Commerce or the U.S. Department of State to release such
technology or technical data to the foreign person; or
A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such
technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or
technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to
release it to the beneficiary.

Part 7. Declaration, Signature, and Contact Information of Petitioner or Authorized Signatory (Read
the information on penalties in the instructions before completing this section.)
Copies of any documents submitted are exact photocopies of unaltered, original documents, and I understand that, as the petitioner, I
may be required to submit original documents to U.S. Citizenship and Immigration Services (USCIS) at a later date.
I authorize the release of any information from my records, or from the petitioning organization's records that USCIS needs to
determine eligibility for the immigration benefit sought. I recognize the authority of USCIS to conduct audits of this petition using
publicly available open source information. I also recognize that any supporting evidence submitted in support of this petition may be
verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.
If filing this petition on behalf of an organization, I certify that I am authorized to do so by the organization.

I certify, under penalty of perjury, that I have reviewed this petition and that all of the information contained in the petition, including
all responses to specific questions, and in the supporting documents, is complete, true, and correct.
1.

Name and Title of Authorized Signatory
Family Name (Last Name)

Given Name (First Name)

Title

2.

3.

Signature and Date
Signature of Authorized Signatory

Date of Signature (mm/dd/yyyy)

Signatory's Contact Information
Daytime Telephone Number
Email Address (if any)

NOTE: If you do not fully complete this form or fail to submit the required documents listed in the instructions, a final decision on
your petition may be delayed or the petition may be denied.

Form I-129 Edition 11/02/22

Page 6 of 38

Part 8. Declaration, Signature, and Contact Information of Person Preparing Form, If Other Than
Petitioner
Provide the following information concerning the preparer:
1.

Name of Preparer
Given Name (First Name)

Family Name (Last Name)

2.

Preparer's Business or Organization Name (if any)

DRAFT
NOT FOR
PRODUCTION
07/12/2023

(If applicable, provide the name of your accredited organization recognized by the Board of Immigration Appeals (BIA).)

3.

Preparer's Mailing Address
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

4.

Postal Code

ZIP Code

Country

Preparer's Contact Information
Daytime Telephone Number

Fax Number

Email Address (if any)

Preparer's Declaration

By my signature, I certify, swear, or affirm, under penalty of perjury, that I prepared this petition on behalf of, at the request of, and
with the express consent of the petitioner or authorized signatory. The petitioner has reviewed this completed petition as prepared by
me and informed me that all of the information in the form and in the supporting documents, is complete, true, and correct.
5.

Signature and Date

Signature of Preparer

Date of Signature (mm/dd/yyyy)

Form I-129 Edition 11/02/22

Page 7 of 38

Part 9. Additional Information About Your Petition For Nonimmigrant Worker
If you require more space to provide any additional information within this petition, use the space below. If you require more space
than what is provided to complete this petition, you may make a copy of Part 9. to complete and file with this petition. In order to
assist us in reviewing your response, you must identify the Page Number, Part Number and Item Number corresponding to the
additional information.
► A-

1.

A-Number

2.

Page Number

Part Number

Item Number

DRAFT
NOT FOR
PRODUCTION
07/12/2023

3.

Page Number

Part Number

Item Number

4.

Page Number

Part Number

Item Number

Form I-129 Edition 11/02/22

Page 8 of 38

E-1/E-2 Classification Supplement to Form I-129

USCIS
Form I-129

Department of Homeland Security
U.S. Citizenship and Immigration Services
1.

Name of the Petitioner

2.

Name of the Beneficiary
Family Name (Last Name)

3.

OMB No. 1615-0009
Expires 11/30/2025

Given Name (First Name)

Middle Name

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Classification sought (select only one box):
E-1 Treaty Trader

E-2 Treaty Investor

E-2 CNMI Investor

4.

Name of country signatory to treaty with the United States

5.

Are you seeking advice from USCIS to determine whether changes in the terms or conditions of E status
for one or more employees are substantive?

Yes

No

Section 1. Information About the Employer Outside the United States (if any)
1.

Employer's Name

3.

Employer's Address

2.

Street Number and Name

Apt. Ste. Flr.

City or Town

State

Province

Postal Code

4.

Principal Product, Merchandise or Service

5.

Employee's Position - Title, duties and number of years employed

Form I-129 Edition 11/02/22

Total Number of Employees

Number

ZIP Code

Country

Page 9 of 38

Section 2. Additional Information About the U.S. Employer
1.

How is the U.S. company related to the company abroad? (select only one box)
Parent

Branch

Subsidiary

Affiliate

2.a. Place of Incorporation or Establishment in the United States

3.

Joint Venture
2.b. Date of incorporation or establishment (mm/dd/yyyy)

Nationality of Ownership (Individual or Corporate)
Name (First/MI/Last)

Nationality

Immigration Status

Percent of
Ownership

DRAFT
NOT FOR
PRODUCTION
07/12/2023

4.

Assets

7.

Staff in the United States
a. How many executive and managerial employees does the petitioner have who are nationals of the treaty
country in either E, L, or H nonimmigrant status?

5. Net Worth

6. Net Annual Income

b. How many persons with special qualifications does the petitioner employ who are in either E, L, or
H nonimmigrant status?
c. Provide the total number of employees in executive and managerial positions in the United States.

d. Provide the total number of positions in the United States that require persons with special qualifications.
8.

If the petitioner is attempting to qualify the employee as an executive or manager, provide the total number of employees he or
she will supervise. Or, if the petitioner is attempting to qualify the employee based on special qualifications, explain why the
special qualifications are essential to the successful or efficient operation of the treaty enterprise.

Section 3. Complete If Filing for an E-1 Treaty Trader
1.

Total Annual Gross Trade/
Business of the U.S. company

2. For Year Ending
(yyyy)

3. Percent of total gross trade between the United States and the
treaty trader country.

Section 4. Complete If Filing for an E-2 Treaty Investor
Total Investment:

Cash

Equipment

Other

Inventory

Premises

Total

Form I-129 Edition 11/02/22

Page 10 of 38

Trade Agreement Supplement to Form I-129

USCIS
Form I-129

Department of Homeland Security
U.S. Citizenship and Immigration Services
1.

Name of the Petitioner

2.

Name of the Beneficiary

3.

Employer is a (select only one box):

OMB No. 1615-0009
Expires 11/30/2025

DRAFT
NOT FOR
PRODUCTION
07/12/2023
U.S. Employer

4. If Foreign Employer, Name the Foreign Country

Foreign Employer

Section 1. Information About Requested Extension or Change (See instructions attached to this form.)
1.

This is a request for Free Trade status based on (select only one box):
a. Free Trade, Canada (TN1)

d. Free Trade, Singapore (H-1B1)

b. Free Trade, Mexico (TN2)

e. Free Trade, Other

c. Free Trade, Chile (H-1B1)

f. A sixth consecutive request for Free Trade, Chile or
Singapore (H-1B1)

Section 2. Petitioner's Declaration, Signature, and Contact Information (Read the information on
penalties in the instructions before completing this section.)

Copies of any documents submitted are exact photocopies of unaltered, original documents, and I understand that, as the petitioner, I
may be required to submit original documents to U.S. Citizenship and Immigration Services (USCIS) at a later date.
I authorize the release of any information from my records, or from the petitioning organization's records that USCIS needs to
determine eligibility for the immigration benefit sought. I recognize the authority of USCIS to conduct audits of this petition using
publicly available open source information. I also recognize that any supporting evidence submitted in support of this petition may be
verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.
I certify, under penalty of perjury, that I have reviewed this petition and that all of the information contained on the petition, including
all responses to specific questions, and in the supporting documents, is complete, true, and correct.
I am filing this petition on behalf of an organization and I certify that I am authorized to do so by the organization.
1.

Name of Petitioner
Given Name (First Name)

Family Name (Last Name)

2.

Signature and Date
Signature of Petitioner

3.

Date of Signature (mm/dd/yyyy)

Petitioner's Contact Information
Daytime Telephone Number

Form I-129 Edition 11/02/22

Mobile Telephone Number

Email Address (if any)

Page 11 of 38

Section 3. Declaration, Signature, and Contact Information of Person Preparing Form, If Other Than
Petitioner
Provide the following information concerning the preparer:
1.

2.

Name of Preparer
Family Name (Last Name)

Given Name (First Name)

Preparer's Business or Organization Name (if any)
(If applicable, provide the name of your accredited organization recognized by the Board of Immigration Appeals (BIA)).

3.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Preparer's Mailing Address
Street Number and Name

Apt. Ste. Flr.

Number

City or Town

State

ZIP Code

Province

4.

Preparer's Contact Information
Daytime Telephone Number

Postal Code

Fax Number

Country

Email Address (if any)

Preparer's Declaration

By my signature, I certify, swear, or affirm, under penalty of perjury, that I prepared this petition on behalf of, at the request of, and
with the express consent of the petitioner or authorized signatory. The petitioner has reviewed this completed petition as prepared by
me and informed me that all of the information in the form and in the supporting documents, is complete, true, and correct.
5.

Signature and Date
Signature of Preparer

Date of Signature (mm/dd/yyyy)

Form I-129 Edition 11/02/22

Page 12 of 38

H Classification Supplement to Form I-129
Department of Homeland Security
U.S. Citizenship and Immigration Services
1.

USCIS
Form I-129
OMB No. 1615-0009
Expires 11/30/2025

Name of the Petitioner

Name of the beneficiary or if this petition includes multiple beneficiaries, the total number of beneficiaries
2.a. Name of the Beneficiary

DRAFT
NOT FOR
PRODUCTION
07/12/2023

OR

2.b. Provide the total number of beneficiaries
3.

List each beneficiary's prior periods of stay in H or L classification in the United States for the last six years (beneficiaries
requesting H-2A or H-2B classification need only list the last three years). Be sure to only list those periods in which each
beneficiary was actually in the United States in an H or L classification. Do not include periods in which the beneficiary was in a
dependent status, for example, H-4 or L-2 status.
NOTE: Submit photocopies of Forms I-94, I-797, and/or other USCIS issued documents noting these periods of stay in the H
or L classification. (If more space is needed, attach an additional sheet.)
Subject's Name

4.

Period of Stay (mm/dd/yyyy)
From
To

Classification sought (select only one box):
a. H-1B Specialty Occupation

b. H-1B1 Chile and Singapore

c. H-1B2 Exceptional services relating to a cooperative research and development project administered by the U.S.
Department of Defense (DOD)
d. H-1B3 Fashion model of distinguished merit and ability
e. H-2A Agricultural worker
f. H-2B Non-agricultural worker
g. H-3 Trainee
h. H-3 Special education exchange visitor program
5.

If you selected a. or d. in Item Number 4., and are filing an H-1B cap petition (including a petition under the U.S. advanced
degree exemption), provide the beneficiary Confirmation Number from the H-1B Registration Selection Notice for the
beneficiary named in this petition (if applicable).

6.

Are you filing this petition on behalf of a beneficiary subject to the Guam-CNMI cap exemption under Public Law 110-229?
Yes
No

Form I-129 Edition 11/02/22

Page 13 of 38

7.

Are you requesting a change of employer and was the beneficiary previously subject to the Guam-CNMI cap exemption under
Public Law 110-229?
Yes
No

8.a.

Does any beneficiary in this petition have ownership interest in the petitioning organization?
Yes. If yes, please explain in Item Number 8.b.

8.b.

No

Explanation

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Section 1. Complete This Section If Filing for H-1B Classification
1.

Describe the proposed duties.

2.

Describe the beneficiary's present occupation and summary of prior work experience.

Statement for H-1B Specialty Occupations and H-1B1 Chile and Singapore

By filing this petition, I agree to, and will abide by, the terms of the labor condition application (LCA) for the duration of the
beneficiary's authorized period of stay for H-1B employment. I certify that I will maintain a valid employer-employee relationship
with the beneficiary at all times. If the beneficiary is assigned to a position in a new location, I will obtain and post an LCA for that
site prior to reassignment.
I further understand that I cannot charge the beneficiary the ACWIA fee, and that any other required reimbursement will be
considered an offset against wages and benefits paid relative to the LCA.
Signature of Petitioner

Name of Petitioner

Date (mm/dd/yyyy)

Statement for H-1B Specialty Occupations and U.S. Department of Defense (DOD) Projects
As an authorized official of the employer, I certify that the employer will be liable for the reasonable costs of return transportation of
the alien abroad if the beneficiary is dismissed from employment by the employer before the end of the period of authorized stay.
Signature of Authorized Official of Employer

Name of Authorized Official of Employer

Date (mm/dd/yyyy)

Statement for H-1B U.S. Department of Defense Projects Only
I certify that the beneficiary will be working on a cooperative research and development project or a co-production project under a
reciprocal government-to-government agreement administered by the U.S. Department of Defense.
Signature of DOD Project Manager

Form I-129 Edition 11/02/22

Name of DOD Project Manager

Date (mm/dd/yyyy)

Page 14 of 38

Section 2. Complete This Section If Filing for H-2A or H-2B Classification
1.

Employment is: (select only one box)
a. Seasonal

2.

b. Peak load

c. Intermittent

d. One-time occurrence

Temporary need is: (select only one box)
a. Unpredictable

b. Periodic

c. Recurrent annually

3.

Explain your temporary need for the workers' services (Attach a separate sheet if additional space is needed).

4.

If you are requesting any named beneficiaries, have any of these individuals ever been admitted to the United States previously in
H-2A/H-2B status?

DRAFT
NOT FOR
PRODUCTION
07/12/2023
Yes. If yes, go to Part 9. of Form I-129 and write your explanation.

5.

No

Are you requesting an exception to the 3-year limit in H-2A/H-2B status for any of your named
beneficiaries because they wereabsent from the United States for an uninterrupted period of at least 60
days? (See form Instructions for more information on “Period of Absence.”)

Yes

No

If you answered “Yes” to Item Number 5., you must document the beneficiaries' periods of stay for the last 3 years in the table
on the first page of this supplement. You must also submit evidence of each entry and each exit to establish each period of
absence.
6.

Did you or do you plan to use an agent, facilitator, recruiter, or similar employment service to locate and/or
recruit the H-2A/H-2B workers that you intend to hire by filing this petition?

7.

If you answered “Yes” to Item Number 6., provide the name(s) and address(es) of all such persons and entities regardless of
whether you have a direct or indirect contractual relationship, and whether such person or entity is located inside or outside the
United States or is a governmental or quasi-governmental entity. If you need to include the name and address of more than one
person or entity, use the space provided in Part 10. Additional Information.

Yes

No

Name of Recruiter, Agent, or Facilitator

Family Name (Last Name)

Given Name (First Name)

Middle Name

Name of Recruiting Organization or Similar Employment Service (if applicable)

Address of Agent, Facilitator, Recruiter, or Similar Employment Service

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Form I-129 Edition 11/02/22

ZIP Code

Page 15 of 38

Section 2. Complete This Section If Filing for H-2A or H-2B Classification (continued)
Prohibited H-2A and H-2B Fees
For Item Numbers 8. - 13., the fees in question include any job placement fees or other fees, penalties, or compensation (either direct
or indirect) related to a beneficiary's employment except reimbursement for costs that are the responsibility and primarily for the
benefit of the worker (such as government-required passport fees). Such prohibited fees may include, but are not limited to,
withholdings or deductions from a worker's wages. Your responses to these items pertain to anyone associated with the employment
or recruitment, including any joint employers. Your responses to these items also pertain to any person or entity to whom you can be
considered a successor in interest.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

8.

Did any of the H-2A/H-2B workers that you are requesting pay you or your employee(s), or any employer
or joint employer, agent, attorney, facilitator, recruiter, or similar employment service, a prohibited fee
related to the employment, or do they have an agreement to pay you such fee at a later date?

9.

If yes, list the types and amounts of fees that the worker(s) paid or will pay.

10.

If you answered “Yes” to Item Number 8., were the workers, or their designee (as appropriate),
reimbursed for any fees paid and was any agreement to pay a fee terminated?

Yes

No

Yes

No

If you answered “Yes” to Item Number 10., submit evidence of full reimbursement of each affected beneficiary, or their designee (as
appropriate), and evidence that any agreement has been terminated.
11.

If you answered “Yes” to Item Number 8., are you requesting an exception to the mandatory denial or
revocation for prohibited fees (see form Instructions for information about exceptions)?

Yes

No

If you answered “Yes” to Item Number 11., submit evidence supporting your request for an exception, as described in the form
Instructions.
12.

Within the last four years, have you had an H-2A or H-2B petition denied or revoked on the basis that an
employee paid or agreed to pay a fee related to the employment, or have you withdrawn an H-2A or H-2B
petition after USCIS issued a notice of intent to deny or revoke on such basis?

Yes

No

If you answered “Yes” to Item Number 12., submit a copy of the USCIS notice(s) of denial, revocation, or acknowledgment of your
withdrawal.
13.

If you answered “Yes” to Item Number 12., were the workers, or their designees (as appropriate),
reimbursed for any fees paid and was any agreement to pay a fee terminated?

Yes

No

If you answered “Yes” to Item Number 13., submit evidence of full reimbursement of each affected beneficiary, or their designees
(as appropriate), and evidence that any agreement has been terminated.
Other Violations
For Item Numbers 14. - 19., determinations of violations include those against you (the petitioner), any person or entity to which you
are a successor in interest, or any individual who was acting on your behalf. For Item Number 15., Item Number 17., and Item
Number 19., determinations of violations also include those against any employee who an H-2A or H-2B worker would reasonably
believe is acting on your respective behalf. See the form Instructions for information about how USCIS will use your responses
in adjudicating your H-2 petition.
14.

Are you currently subject to any debarment order by the U.S. Department of Labor (or, if applicable, the
Governor of Guam)?

Yes

No

If you answered “Yes” to Item Number 14., you must submit a complete copy of the final notice of debarment or administrative
determination(s).
15.

Within the last 3 years, have you had an approved temporary labor certification revoked by the U.S.
Department of Labor (or, if applicable, the Guam Department of Labor), or have you been the subject of
any administrative sanction or remedy, including a debarment that has concluded or an assessment of civil
money penalties?

Yes

No

If you answered “Yes” to Item Number 15., you must submit a complete copy of the final administrative determination(s).
Form I-129 Edition 11/02/22

Page 16 of 38

Section 2. Complete This Section If Filing for H-2A or H-2B Classification (continued)
16.

Within the last 3 years, have you been the subject of a final USCIS denial or revocation decision with
respect to a prior H-2A or H-2B petition that included a finding of fraud or willful misrepresentation of a
material fact? (A final USCIS denial or revocation decision means that there is no pending administrative
appeal and that the time for filing a timely administrative appeal has elapsed.)

Yes

No

Yes

No

If you answered “Yes” to Item Number 16., you must submit a complete copy of the final USCIS decision(s).
17.

Within the last 3 years, have you been the subject of a final USCIS decision revoking the approval of a
prior petition that includes one or more of the following findings: the beneficiary was not employed by the
petitioner in the capacity specified in the petition; the statement of facts contained in the petition or on the
application for a temporary labor certification was not true and correct, or was inaccurate; the petitioner
violated terms and conditions of the approved petition; or the petitioner violated requirements of the
Immigration and Nationality Act (INA) section 101(a)(15)(H) or paragraph (h) of this section? (A final
USCIS denial or revocation decision means that there is no pending administrative appeal and that the time
for filing a timely administrative appeal has elapsed.)

DRAFT
NOT FOR
PRODUCTION
07/12/2023

If you answered “Yes” to Item Number 17., you must submit a complete copy of the final USCIS decision(s).
18.

Within the last 3 years, have you been the subject of a final determination of violation(s) under INA section
274(a), 8 U.S.C. 1324(a)? (“Bringing in and Harboring Certain Aliens,” “Criminal Penalties”.)

Yes

No

If you answered “Yes” to Item Number 18., you must submit a complete copy of the final determination of violation(s).
19.

Within the last 3 years, have you been the subject of any final administrative or judicial determination,
other than ones described in Item Numbers 14. - 18. above, finding a violation of any applicable
employment-related laws or regulations, including health and safety laws or regulations?

Yes

No

If you answered “Yes” to Item Number 19., you must submit a complete copy of the final administrative or judicial determination(s).
H-2A and H-2B Petitioner and Employer Obligations
20.

The H-2A/H-2B petitioner and each employer consent to allow Government access to all sites where the
labor is being or will be performed, as well as housing sites for H-2A workers, for the purpose of
determining compliance with H-2A/H-2B requirements. The petitioner and each employer agree to allow
USCIS to conduct interviews of employees and any other individuals possessing pertinent information,
which may be conducted in the absence of the employer or the employer's representatives and, if feasible,
at a neutral location agreed to by the employee and USCIS. The petitioner and each employer understand
that USCIS's inability to verify facts, including due to the failure or refusal of the petitioner or employer to
cooperate in an inspection or other compliance review, may result in denial or revocation of the H-2A or
H-2B petition.

Yes

No

21.

The petitioner agrees to notify DHS beginning on a date and in a manner specified in a notice published in
the Federal Register within 2 workdays if: an H-2A/H-2B worker fails to report for work within 5 workdays
after the employment start date stated on the petition or, applicable to H-2A petitioners only, within 5
workdays of the start date established by the petitioner, whichever is later; the agricultural labor or services
for which H-2A/H-2B workers were hired is completed more than 30 days early; or the H-2A/H-2B worker
does not report for work for a period of 5 consecutive workdays without the consent of the employer or is
terminated prior to the completion of agricultural labor or services for which he or she was hired.

Yes

No

See www.uscis.gov/h-2a and www.uscis.gov/h-2b, respectively, for the appropriate manner of notifying DHS as specified in a notice
published in the Federal Register.
NOTE: The above notification is a petitioner obligation and does not represent an indication of wrongdoing on the part of the worker.
Further, USCIS does not consider the information provided in a petitioner notification, alone, to be conclusive evidence regarding the
worker's current status. "Workday" means the period between the time on any particular day when such employee commences his or
her principal activity and the time on that day at which he or she ceases such principal activity or activities.
22.

The petitioner agrees to retain evidence of such notification and make it available for inspection by DHS
officers for a one-year period.

Form I-129 Edition 11/02/22

Yes

No

Page 17 of 38

Section 2. Complete This Section If Filing for H-2A or H-2B Classification (continued)
23.

For H-2A petitioners only: The petitioner agrees to pay $10 in liquidated damages for each instance
where it cannot demonstrate it is in compliance with the notification requirement.

Yes

No

The petitioner must execute Part A. If the petitioner is the employer's agent, the employer must execute Part B. If there are joint
employers, they must each execute Part C.

Part A. Petitioner
By filing this petition, I agree to the conditions of H-2A/H-2B employment, agree to fully cooperate with any compliance review,
evaluation, verification, or inspection conducted by USCIS, and agree to the notification requirements. For H-2A petitioners: I also
agree to the liquidated damages requirements defined in 8 CFR 214.2(h)(5)(vi)(B)(3).

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Signature of Petitioner

Name of Petitioner

Date (mm/dd/yyyy)

Part B. Employer who is not the petitioner

I certify that I have authorized the party filing this petition to act as my agent in this regard. I assume full responsibility for all
representations made by this agent on my behalf and agree to the conditions of H-2A/H-2B eligibility. I agree to fully cooperate with
any compliance review, evaluation, verification, or inspection conducted by USCIS.
Signature of Employer

Name of Employer

Date (mm/dd/yyyy)

Part C. Joint Employers
24.

For H-2A petitioners only: A separate Part C. must be submitted for each Joint Employer.
Legal Name of Individual Joint Employer
Family Name (Last Name)

Given Name (First Name)

Middle Name

Joint Employer Company or Organization Name

Mailing Address of Joint Employer
In Care Of Name

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

Postal Code

ZIP Code

Country

Contact Information
Daytime Telephone Number

Form I-129 Edition 11/02/22

Mobile Telephone Number

Email Address

Page 18 of 38

Section 2. Complete This Section If Filing for H-2A or H-2B Classification (continued)
Taxpayer Identification Numbers
25.

Provide the following information, as applicable.
Employer Identification Number (EIN)

Individual Taxpayer Identification Number (ITIN)

U.S. Social Security Number (SSN)
►

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Other Information
26.

Type of Business Activity(ies)

Year Established

Current Number of Employees in the United States

Gross Annual Income

Net Annual Income

Joint Employer's Identification

I agree to the conditions of H-2A employment, and agree to fully cooperate with any compliance review, evaluation, verification, or
inspection conducted by USCIS.

Name and Title of Joint Employer
27.

Family Name (Last Name)

28.

Signature of Authorized Signatory

Given Name (First Name)

Title

Date of Signature (mm/dd/yyyy)

Section 3. Complete This Section If Filing for H-3 Classification
If you answer yes to any of the following questions, attach a full explanation.
1.

Is the training you intend to provide, or similar training, available in the beneficiary's country?

Yes

No

2.

Will the training benefit the beneficiary in pursuing a career abroad?

Yes

No

3.

Does the training involve productive employment incidental to the training? If yes, explain the amount of
compensation employment versus the classroom in Part 9. of Form I-129.

Yes

No

4.

Does the beneficiary already have skills related to the training?

Yes

No

5.

Is this training an effort to overcome a labor shortage?

Yes

No

6.

Do you intend to employ the beneficiary abroad at the end of this training?

Yes

No

Form I-129 Edition 11/02/22

Page 19 of 38

Section 3. Complete This Section If Filing for H-3 Classification (continued)
7.

If you do not intend to employ the beneficiary abroad at the end of this training, explain why you wish to incur the cost of
providing this training and your expected return from this training.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Form I-129 Edition 11/02/22

Page 20 of 38

H-1B and H-1B1 Data Collection and
Filing Fee Exemption Supplement

USCIS
Form I-129

Department of Homeland Security
U.S. Citizenship and Immigration Services
1.

Name of the Petitioner

2.

Name of the Beneficiary

OMB No. 1615-0009
Expires 11/30/2025

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Section 1. General Information
1.

Employer Information - (select all items that apply)
a.

Is the petitioner an H-1B dependent employer?

Yes

No

b.

Has the petitioner ever been found to be a willful violator?

Yes

No

c.

Is the beneficiary an H-1B nonimmigrant exempt from the Department of Labor attestation
requirements?

Yes

No

c.1. If yes, is it because the beneficiary's annual rate of pay is equal to at least $60,000?

Yes

No

Yes

No

Yes

No

Yes

No

c.2. Or is it because the beneficiary has a master's degree or higher degree in a specialty related to
the employment?
d. Does the petitioner employ 50 or more individuals in the United States?
d.1. If yes, are more than 50 percent of those employees in H-1B, L-1A, or L-1B nonimmigrant
status?
2.

Beneficiary's Highest Level of Education (select only one box)
a. NO DIPLOMA

f. Bachelor's degree (for example: BA, AB, BS)

b. HIGH SCHOOL GRADUATE DIPLOMA or
the equivalent (for example: GED)

g. Master's degree (for example: MA, MS, MEng, MEd,
MSW, MBA)

c. Some college credit, but less than 1 year

h. Professional degree (for example: MD, DDS, DVM, LLB, JD)

d. One or more years of college, no degree

i. Doctorate degree (for example: PhD, EdD)

e. Associate's degree (for example: AA, AS)
3.

Major/Primary Field of Study

4.

Rate of Pay Per Year

5. DOT Code

6. NAICS Code

Section 2. Fee Exemption and/or Determination
In order for USCIS to determine if you must pay the additional $1,500 or $750 American Competitiveness and Workforce
Improvement Act (ACWIA) fee, answer all of the following questions:
1.

Are you an institution of higher education as defined in section 101(a) of the Higher
Education Act of 1965, 20 U.S.C. 1001(a)?

Yes

No

2.

Are you a nonprofit organization or entity related to or affiliated with an institution of higher education,
as defined in 8 CFR 214.2(h)(19)(iii)(B)?

Yes

No

Form I-129 Edition 11/02/22

Page 21 of 38

Section 2. Fee Exemption and/or Determination (continued)
3.

Are you a nonprofit research organization or a governmental research organization, as defined in
8 CFR 214.2(h)(19)(iii)(C)?

Yes

No

4.

Is this the second or subsequent request for an extension of stay that this petitioner has filed for this
alien?

Yes

No

5.

Is this an amended petition that does not contain any request for extensions of stay?

Yes

No

6.

Are you filing this petition to correct a USCIS error?

Yes

No

7.

Is the petitioner a primary or secondary education institution?

Yes

No

8.

Is the petitioner a nonprofit entity that engages in an established curriculum-related clinical training of
students registered at such an institution?

Yes

No

DRAFT
NOT FOR
PRODUCTION
07/12/2023

If you answered yes to any of the questions above, you are not required to submit the ACWIA fee for your H-1B Form I-129 petition.
If you answered no to all questions, answer Item Number 9. below.
9.

Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States,
including all affiliates or subsidiaries of this company/organization?

Yes

No

If you answered yes, to Item Number 9. above, you are required to pay an additional ACWIA fee of $750. If you answered no, then
you are required to pay an additional ACWIA fee of $1,500.
NOTE: A petitioner seeking initial approval of H-1B nonimmigrant status for a beneficiary, or seeking approval to employ an H-1B
nonimmigrant currently working for another employer, must submit an additional $500 Fraud Prevention and Detection fee. For
petitions filed on or after December 18, 2015, an additional fee of $4,000 must be submitted if you responded yes to Item Numbers
1.d. and 1.d.1. of Section 1. of this supplement. This $4,000 fee was mandated by the provisions of Public Law 114-113.
The Fraud Prevention and Detection Fee and Public Law 114-113 fee do not apply to H-1B1 petitions. These fees, when applicable,
may not be waived. You must include payment of the fees when you submit this form. Failure to submit the fees when required will
result in rejection or denial of your submission. Each of these fees should be paid by separate checks or money orders.

Section 3. Numerical Limitation Information
1.

2.

Specify the type of H-1B petition you are filing. (select only one box):
a. CAP H-1B Bachelor's Degree

c. CAP H-1B1 Chile/Singapore

b. CAP H-1B U.S. Master's Degree or Higher

d. CAP Exempt

If you answered Item Number 1.b. "CAP H-1B U.S. Master's Degree or Higher," provide the following information
regarding the master's or higher degree the beneficiary has earned from a U.S. institution as defined in 20 U.S.C. 1001(a):
a.

Name of the United States Institution of Higher Education

b.

Date Degree Awarded

d.

Address of the United States institution of higher education

c. Type of United States Degree

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Form I-129 Edition 11/02/22

ZIP Code

Page 22 of 38

Section 3. Numerical Limitation Information (continued)
3.

If you answered Item Number 1.d. "CAP Exempt," you must specify the reason(s) this petition is exempt from the numerical
limitation for H-1B classification:
a.

The petitioner is an institution of higher education as defined in section 101(a) of the Higher Education Act, of 1965,
20 U.S.C. 1001(a).

b. The petitioner is a nonprofit entity related to or affiliated with an institution of higher education as defined in 8 CFR
214.2(h)(8)(ii)(F)(2).
c.

The petitioner is a nonprofit research organization or a governmental research organization as defined in 8 CFR
214.2(h)(8)(ii)(F)(3).

DRAFT
NOT FOR
PRODUCTION
07/12/2023

d. The beneficiary will be employed at a qualifying cap exempt institution, organization or entity pursuant to 8 CFR
214.2(h)(8)(ii)(F)(4).
e.

The petitioner is requesting an amendment to or extension of stay for the beneficiary's current H-1B classification.

f.

The beneficiary of this petition is a J-1 nonimmigrant physician who has received a waiver based on section 214(l)
of the Act.

g.

The beneficiary of this petition has been counted against the cap and (1) is applying for the remaining portion of the
6 year period of admission, or (2) is seeking an extension beyond the 6-year limitation based upon sections 104(c) or
106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).

h. The petitioner is an employer subject to the Guam-CNMI cap exemption pursuant to Public Law 110-229.

Section 4.
1.

Off-Site Assignment of H-1B Beneficiaries

The beneficiary of this petition will be assigned to work at an off-site location for all or part of the
period for which H-1B classification sought.

Yes

No

If no, do not complete Item Numbers 2. and 3.
2.

Placement of the beneficiary off-site during the period of employment will comply with the statutory
and regulatory requirements of the H-1B nonimmigrant classification.

Yes

No

3.

The beneficiary will be paid the higher of the prevailing or actual wage at any and all off-site locations.

Yes

No

Form I-129 Edition 11/02/22

Page 23 of 38

L Classification Supplement to Form I-129

USCIS
Form I-129

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

OMB No. 1615-0009
Expires 11/30/2025

1.

Name of the Petitioner

2.

Name of the Beneficiary

3.

This petition is (select only one box):

4.a.

Does the petitioner employ 50 or more individuals in the U.S.?

Yes

No

4.b.

If yes, are more than 50 percent of those employee in H-1B, L-1A, or L-1B nonimmigrant status?

Yes

No

DRAFT
NOT FOR
PRODUCTION
07/12/2023
a. An individual petition

b. A blanket petition

Section 1. Complete This Section If Filing For An Individual Petition
1.

Classification sought (select only one box):

a. L-1A manager or executive

b. L-1B specialized knowledge

2.

List the beneficiary's and any dependent family member's prior periods of stay in an H or L classification in the United States
for the last seven years. Be sure to list only those periods in which the beneficiary and/or family members were physically
present in the U.S. in an H or L classification. Do not include periods in which the beneficiary was in a dependent status, for
example, H-4 or L-2 status. If more space is needed, go to Part 9. of Form I-129.
NOTE: Submit photocopies of Forms I-94, I-797, and/or other USCIS issued documents noting these periods of stay in the H
or L classification. (If more space is needed, attach an additional sheet.)
Period of Stay (mm/dd/yyyy)
From
To

Subject's Name

3.

Name of Employer Abroad

4.

Address of Employer Abroad
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

Form I-129 Edition 11/02/22

Postal Code

ZIP Code

Country

Page 24 of 38

Section 1. Complete This Section If Filing For An Individual Petition (continued)
5.

Dates of beneficiary's employment with this employer. Explain any interruptions in employment.
Dates of Employment (mm/dd/yyyy)
From
To

Explanation of Interruptions

DRAFT
NOT FOR
PRODUCTION
07/12/2023

6.

Describe the beneficiary's duties abroad for the 3 years preceding the filing of the petition. (If the beneficiary is currently inside the
United States, describe the beneficiary's duties abroad for the 3 years preceding the beneficiary's admission to the United States.)

7.

Describe the beneficiary's proposed duties in the United States.

8.

Summarize the beneficiary's education and work experience.

9.

How is the U.S. company related to the company abroad? (select only one box)
a. Parent

Form I-129 Edition 11/02/22

b. Branch

c. Subsidiary

d. Affiliate

e. Joint Venture

Page 25 of 38

Section 1. Complete This Section If Filing For An Individual Petition (continued)
10.

Describe the percentage of stock ownership and managerial control of each company that has a qualifying relationship. Provide
the Federal Employer Identification Number for each U.S. company that has a qualifying relationship.
Percentage of company stock ownership and managerial control of Federal Employer Identification Number for each
each company that has a qualifying relationship.
U.S. company that has a qualifying relationship

11.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Do the companies currently have the same qualifying relationship as they did during the one-year period of the alien's
employment with the company abroad?
Yes

12.

No. If no, provide an explanation in Part 9. of Form I-129 that the U.S. company has and will have a qualifying
relationship with another foreign entity during the full period of the requested period of stay.

Is the beneficiary coming to the United States to open a new office?
Yes

No (attach explanation)

If you are seeking L-1B specialized knowledge status for an individual, answer the following question:

13.a. Will the beneficiary be stationed primarily offsite (at the worksite of an employer other than the petitioner or its affiliate,
subsidiary, or parent)?
Yes

No

13.b. If you answered yes to the preceding question, describe how and by whom the beneficiary's work will be controlled and
supervised. Include a description of the amount of time each supervisor is expected to control and supervise the work. If you
need additional space to respond to this question, proceed to Part 9. of the Form I-129, and type or print your explanation.

13.c. If you answered yes to the preceding question, describe the reasons why placement at another worksite outside the petitioner,
subsidiary, affiliate, or parent is needed. Include a description of how the beneficiary's duties at another worksite relate to the
need for the specialized knowledge he or she possesses. If you need additional space to respond to this question, proceed to
Part 9. of the Form I-129, and type or print your explanation.

Form I-129 Edition 11/02/22

Page 26 of 38

Section 2. Complete This Section If Filing A Blanket Petition
List all U.S. and foreign parent, branches, subsidiaries, and affiliates included in this petition. (Attach separate sheets of paper if
additional space is needed.)
Name and Address

Relationship

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Section 3. Additional Fees

NOTE: A petitioner that seeks initial approval of L nonimmigrant status for a beneficiary, or seeks approval to employ an L
nonimmigrant currently working for another employer, must submit an additional $500 Fraud Prevention and Detection fee. For
petitions filed on or after December 18, 2015, you must submit an additional fee of $4,500 if you responded yes to both questions in
Item Numbers 4.a. and 4.b. on the first page of this L Classification Supplement. This $4,500 fee is mandated by the provisions of
Public Law 114-113.
These fees, when applicable, may not be waived. You must include payment of the fees with your submission of this form. Failure
to submit the fees when required will result in rejection or denial of your submission. Each of these fees should be paid by separate
checks or money orders.

Form I-129 Edition 11/02/22

Page 27 of 38

O and P Classifications Supplement to Form I-129
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-129
OMB No. 1615-0009
Expires 11/30/2025

Section 1. Complete This Section if Filing for O or P Classification
1.

Name of the Petitioner

Name of the Beneficiary or if this petition includes multiple beneficiaries, the total number of beneficiaries included.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

2.a. Name of the Beneficiary
OR

2.b. Provide the total number of beneficiaries:
3.

Classification sought (select only one box)

a. O-1A Alien of extraordinary ability in sciences, education, business or athletics (not including the arts, motion picture or
television industry)
b. O-1B Alien of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry
c. O-2 Accompanying alien who is coming to the United States to assist in the performance of the O-1
d. P-1 Major League Sports

e. P-1 Athlete or Athletic/Entertainment Group (includes minor league sports not affiliated with Major League Sports)
f. P-1S Essential Support Personnel for P-1

g. P-2 Artist or entertainer for reciprocal exchange program
h. P-2S Essential Support Personnel for P-2

i. P-3 Artist/Entertainer coming to the United States to perform, teach, or coach under a program that is culturally unique
j. P-3S Essential Support Personnel for P-3

4.

Explain the nature of the event.

5.

Describe the duties to be performed.

6.

If filing for an O-2 or P support classification, list dates of the beneficiary's prior work experience under the principal O-1 or P alien.

7.a.

Does any beneficiary in this petition have ownership interest in the petitioning organization?
Yes. If yes, please explain in Item Number 7.b.

Form I-129 Edition 11/02/22

No.

Page 28 of 38

Section 1. Complete This Section if Filing for O or P Classification (continued)
7.b.

Explanation

8.

Does an appropriate labor organization exist for the petition?
Yes
No. If no, proceed to Part 9. and type or print your explanation.

9.

Is the required consultation or written advisory opinion being submitted with this petition?
Yes
No - copy of request attached
N/A

DRAFT
NOT FOR
PRODUCTION
07/12/2023

If no, provide the following information about the organization(s) to which you have sent a duplicate of this petition.

O-1 Extraordinary Ability

10.a. Name of Recognized Peer/Peer Group or Labor Organization

10.b. Physical Address
Street Number and Name

Apt. Ste. Flr. Number

City or Town

10.c. Date Sent (mm/dd/yyyy)

State

ZIP Code

10.d. Daytime Telephone Number

O-1 Extraordinary achievement in motion pictures or television
11.a. Name of Labor Organization

11.b. Complete Address

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

11.c. Date Sent (mm/dd/yyyy)

ZIP Code

11.d. Daytime Telephone Number

12.a. Name of Management Organization

12.b. Physical Address
Street Number and Name

Apt. Ste. Flr. Number

City or Town

12.c. Date Sent (mm/dd/yyyy)

Form I-129 Edition 11/02/22

State

ZIP Code

12.d. Daytime Telephone Number

Page 29 of 38

Section 1. Complete This Section if Filing for O or P Classification (continued)
O-2 or P alien
13.a. Name of Labor Organization

13.b. Complete Address
Street Number and Name

Apt. Ste. Flr. Number

DRAFT
NOT FOR
PRODUCTION
07/12/2023

City or Town

13.c. Date Sent (mm/dd/yyyy)

State

ZIP Code

13.d. Daytime Telephone Number

Section 2. Statement by the Petitioner

I certify that I, the petitioner, and the employer whose offer of employment formed the basis of status (if different from the petitioner)
will be jointly and severally liable for the reasonable costs of return transportation of the beneficiary abroad if the beneficiary is
dismissed from employment by the employer before the end of the period of authorized stay.
1.

2.

3.

Name of Petitioner
Family Name (Last Name)

Given Name (First Name)

Signature and Date
Signature of Petitioner

Middle Name

Date of Signature (mm/dd/yyyy)

Petitioner's Contact Information
Daytime Telephone Number

Form I-129 Edition 11/02/22

Email Address (if any)

Page 30 of 38

Q-1 Classification Supplement to Form I-129

USCIS
Form I-129

Department of Homeland Security
U.S. Citizenship and Immigration Services
1.

Name of the Petitioner

2.

Name of the Beneficiary

OMB No. 1615-0009
Expires 11/30/2025

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Section 1. Complete if you are filing for a Q-1 International Cultural Exchange Alien
I hereby certify that the participant(s) in the international cultural exchange program:
a. Is at least 18 years of age,

b. Is qualified to perform the service or labor or receive the type of training stated in the petition,

c. Has the ability to communicate effectively about the cultural attributes of his or her country of nationality to the American
public, and
d. Has resided and been physically present outside the United States for the immediate prior year. (Applies only if the
participant was previously admitted as a Q-1).

I also certify that I will offer the alien(s) the same wages and working conditions comparable to those accorded local domestic
workers similarly employed.
1.

2.

Name of Petitioner
Family Name (Last Name)

Given Name (First Name)

Signature and Date

Signature of Petitioner

3.

Middle Name

Date of Signature (mm/dd/yyyy)

Petitioner's Contact Information
Daytime Telephone Number
Email Address (if any)

Form I-129 Edition 11/02/22

Page 31 of 38

R-1 Classification Supplement to Form I-129

USCIS
Form I-129

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

1.

Name of the Petitioner

2.

Name of the Beneficiary

OMB No. 1615-0009
Expires 11/30/2025

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Section 1. Complete This Section If You Are Filing For An R-1 Religious Worker
Employer Attestation

Provide the following information about the petitioner:
1.a.

Number of members of the petitioner's religious organization?

1.b.

Number of employees working at the same location where the beneficiary will be employed?

1.c.

Number of aliens holding special immigrant or nonimmigrant religious worker status currently
employed or employed within the past five years?

1.d.

Number of special immigrant religious worker petition(s) (I-360) and nonimmigrant religious
worker petition(s) (I-129) filed by the petitioner within the past five years?

2.

Has the beneficiary or any of the beneficiary's dependent family members previously been admitted
to the United States for a period of stay in the R visa classification in the last five years?

Yes

No

If yes, complete the spaces below. List the beneficiary and any dependent family member’s prior periods of stay in the R visa
classification in the United States in the last five years. Please be sure to list only those periods in which the beneficiary and/or
family members were actually in the United States in an R classification.
NOTE: Submit photocopies of Forms I-94 (Arrival-Departure Record), I-797 (Notice of Action), and/or other USCIS
documents identifying these periods of stay in the R visa classification(s). If more space is needed, provide the information in
Part 9. of Form I-129.
Alien or Dependent Family Member's Name

Form I-129 Edition 11/02/22

Period of Stay (mm/dd/yyyy)
From
To

Page 32 of 38

Section 1. Complete This Section If You Are Filing For An R-1 Religious Worker (continued)
3.

Provide a summary of the type of responsibilities of those employees who work at the same location where the beneficiary will
be employed. If additional space is needed, provide the information on additional sheet(s) of paper.
Position

4.

Summary of the Type of Responsibilities for That Position

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Describe the relationship, if any, between the religious organization in the United States and the organization abroad of which
the beneficiary is a member.

Provide the following information about the prospective employment:
5.a.

Title of position offered.

5.b.

Detailed description of the beneficiary's proposed daily duties.

5.c.

Description of the beneficiary's qualifications for position offered.

5.d.

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

Form I-129 Edition 11/02/22

Page 33 of 38

Section 1. Complete This Section If You Are Filing For An R-1 Religious Worker (continued)
5.e.

List of the address(es) or location(s) where the beneficiary will be working.

Petitioner Attestations
Does the petitioner attest to all of the requirements described in Item Numbers 6. - 12. below?
6.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

The petitioner is a bona fide non-profit religious organization or a bona fide organization that is affiliated with the religious
denomination and is tax-exempt as described in section 501(c)(3) of the Internal Revenue Code of 1986, subsequent
amendment, or equivalent sections of prior enactments of the Internal Revenue Code. If the petitioner is affiliated with the
religious denomination, complete the Religious Denomination Certification included in this supplement.
Yes

7.

The petitioner is willing and able to provide salaried or non-salaried compensation to the beneficiary. If the beneficiary will be
self-supporting, the petitioner must submit documentation establishing that the position the beneficiary will hold is part of an
established program for temporary, uncompensated missionary work, which is part of a broader international program of
missionary work sponsored by the denomination.
Yes

8.

No. If no, type or print your explanation below and if needed, go to Part 9. of Form I-129.

If the beneficiary worked in the United States in an R-1 status during the 2 years immediately before the petition was filed, the
beneficiary received verifiable salaried or non-salaried compensation, or provided uncompensated self-support.
Yes

9.

No. If no, type or print your explanation below and if needed, go to Part 9. of Form I-129.

No. If no, type or print your explanation below and if needed, go to Part 9. of Form I-129.

If the position is not a religious vocation, the beneficiary will not engage in secular employment, and the petitioner will provide
salaried or non-salaried compensation. If the position is a traditionally uncompensated and not a religious vocation, the
beneficiary will not engage in secular employment, and the beneficiary will provide self-support.
Yes

No. If no, type or print your explanation below and if needed, go to Part 9. of Form I-129.

Form I-129 Edition 11/02/22

Page 34 of 38

Section 1. Complete This Section If You Are Filing For An R-1 Religious Worker (continued)
10.

11.

The offered position requires at least 20 hours of work per week. If the offered position at the petitioning organization requires
fewer than 20 hours per week, the compensated service for another religious organization and the compensated service at the
petitioning organization will total 20 hours per week. If the beneficiary will be self-supporting, the petitioner must submit
documentation establishing that the position the beneficiary will hold is part of an established program for temporary,
uncompensated missionary work, which is part of a broader international program of missionary work sponsored by the
denomination.
Yes
No. If no, type or print your explanation below and if needed, go to Part 9. of Form I-129.

DRAFT
NOT FOR
PRODUCTION
07/12/2023

The beneficiary has been a member of the petitioner's denomination for at least two years immediately before Form I-129 was
filed and is otherwise qualified to perform the duties of the offered position.
Yes

12.

No. If no, type or print your explanation below and if needed, go to Part 9. of Form I-129.

The petitioner will notify USCIS within 14 days if an R-1 alien is working less than the required number of hours or has been
released from or has otherwise terminated employment before the expiration of a period of authorized R-1 stay.
Yes

No. If no, type or print your explanation below and if needed, go to Part 9. of Form I-129.

Attestation
I certify, under penalty of perjury, that the contents of this attestation and the evidence submitted with it are true and correct.
Name of Petitioner

Signature of Petitioner

Title

Date (mm/dd/yyyy)

Employer or Organization Name

Form I-129 Edition 11/02/22

Page 35 of 38

Section 1. Complete This Section If You Are Filing For An R-1 Religious Worker (continued)
Employer or Organization Address (do not use a post office or private mail box)
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code

DRAFT
NOT FOR
PRODUCTION
07/12/2023

Employer or Organization's Contact Information
Daytime Telephone Number

Fax Number

Email Address (if any)

Section 2. This Section Is Required For Petitioners Affiliated With The Religious Denomination
Religious Denomination Certification

I certify, under penalty of perjury, that:
Name of Employing Organization
is affiliated with:

Name of Religious Denomination

and that the attesting organization within the religious denomination is tax-exempt as described in section 501(c)(3) of the Internal
Revenue Code of 1986 (codified at 26 U.S.C. 501(c)(3)), any subsequent amendment(s), subsequent amendment, or equivalent
sections of prior enactments of the Internal Revenue Code. The contents of this certification are true and correct to the best of my
knowledge.
Name of Authorized Representative of Attesting Organization

Title

Signature of Authorized Representative of Attesting Organization

Date (mm/dd/yyyy)

Attesting Organization Name and Address (do not use a post office or private mail box)
Attesting Organization Name

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code

Attesting Organization's Contact Information
Daytime Telephone Number

Form I-129 Edition 11/02/22

Fax Number

Email Address (if any)

Page 36 of 38

Attachment-1
Attach to Form I-129 when more than one person is included in the petition. (List each person separately. Do not
include the person you named on the Form I-129.)
Family Name (Last Name)

Date of birth (mm/dd/yyyy)

Gender

Given Name (First Name)

Middle Name

U.S. Social Security Number (if any)

A-Number (if any)

Female ►

Male

A-

DRAFT
NOT FOR
PRODUCTION
07/12/2023

All Other Names Used (include aliases, maiden name and names from previous marriages)
Family Name (Last Name)

Given Name (First Name)

Middle Name

Address in the United States Where You Intend to Live (Complete Address)
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code

Foreign Address (Complete Address)
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

Postal Code

Country of Birth

ZIP Code

Country

Country of Citizenship or Nationality

IF IN THE UNITED STATES:
Date of Last Arrival
(mm/dd/yyyy)

I-94 Arrival-Departure Record
Number

Passport or Travel Document
Number

Date Passport or Travel Document
Issued (mm/dd/yyyy)

Date Passport or Travel Document
Expires (mm/dd/yyyy)

Country of Issuance for Passport
or Travel Document

Current Nonimmigrant Status

Date Status Expires or D/S (mm/dd/yyyy)

Student and Exchange Visitor Information System (SEVIS) Number
(if any)

Employment Authorization Document (EAD) Number
(if any)

Form I-129 Edition 11/02/22

Page 37 of 38

Attachment-1
Attach to Form I-129 when more than one person is included in the petition. (List each person separately. Do not
include the person you named on the Form I-129.)
Family Name (Last Name)

Given Name (First Name)

Middle Name

Date of birth (mm/dd/yyyy) Gender

U.S. Social Security Number (if any)

A-Number (if any)

Male

Female ►

A-

DRAFT
NOT FOR
PRODUCTION
07/12/2023

All Other Names Used (include aliases, maiden name and names from previous Marriages)
Family Name (Last Name)

Given Name (First Name)

Middle Name

Address in the United States Where You Intend to Live (Complete Address)
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code

Foreign Address (Complete Address)
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

Postal Code

Country of Birth

ZIP Code

Country

Country of Citizenship or Nationality

IF IN THE UNITED STATES:
Date of Last Arrival
(mm/dd/yyyy)

I-94 Arrival-Departure Record
Number

Passport or Travel Document
Number

Date Passport or Travel Document
Issued (mm/dd/yyyy)

Date Passport or Travel Document
Expires (mm/dd/yyyy)

Country of Issuance for Passport
or Travel Document

Current Nonimmigrant Status

Date Status Expires or D/S (mm/dd/yyyy)

Student and Exchange Visitor Information System (SEVIS) Number
(if any)

Employment Authorization Document (EAD) Number
(if any)

Form I-129 Edition 11/02/22

Page 38 of 38


File Typeapplication/pdf
File TitleForm I-129, Petition for Nonimmigrant Worker
SubjectForm
AuthorUSCIS
File Modified2023-07-12
File Created2023-07-12

© 2024 OMB.report | Privacy Policy