I129-041 H1-B Skinny Rule Final Copy Deck v1.1.1-OMBReview-01122024

I129-041 H1-B Skinny Rule Final Copy Deck v1.1.1-OMBReview-01122024.xlsx

Petition for a Nonimmigrant Worker

I129-041 H1-B Skinny Rule Final Copy Deck v1.1.1-OMBReview-01122024

OMB: 1615-0009

⚠️ Notice: This form may be outdated. More recent filings and information on OMB 1615-0009 can be found here:

Document [xlsx]

Download: xlsx | pdf

Overview

Copy Deck Version Info
Revision History
File a Form
Application Overview
Getting Started
About Petitioner
About Beneficiary
Employment
H Classification Supplement
Trade Agreement Supplement
H-1B and H-1B1 Data Collection
Additional Information
Evidence
Review & Submit
Alerts

Sheet 1: Copy Deck Version Info

myUSCIS Copydeck: Interactive Forms
Form Number and Name	I-129, Petition for a Nonimmigrant Worker
OMB Number	1615-0009
Form Edition Date:	11/2/2022
Form Expiration Date:	11/30/2025
Baseline Copydeck:	I-129 Initial Copy Deck with Premium Processing v1.4.2

Revision Key
Description
• All original (old) text is black.
• All revised (new) text is red.
Example	Original	Revised
• All original text is black.	1. Oranges	1. Oranges
• Any text that is removed from original column will be removed in the revision column with the words on either side indicated with red.	2. Bananas	2. Bananas
	3. Apple	3. Pineapple
	4. Pineapple	4. Pear
	I want to eat a watermelon for lunch and go hiking today.	I want to go hiking today.

Sheet 2: Revision History

I-129, Petition for a Nonimmigrant Worker
Date	New version number	Requested Description	Requested by	Changed by	Changes made
12/19/2023	v1.0.1	• Revise copy deck according to H-1B Skinny Rule edits	RCD-PRA	Jeamine Navarro	• •
xx/xx/xxxx		•		Jeamine Navarro	•

Sheet 3: File a Form

FILE A FORM: I-129
Column Header Descriptions Header: If needed, a header is located directly under the dropdown menu and above the body text. Body Text: Based on the purpose of the form found in the paper form instructions. Link: A reference column to include any URLs that appear as hyperlinks in the body text. CTA: Copy to include for a button. Notes: Internal notes for the myUSCIS teams to provide insight and explanations. Page breaks are indicated by a bold horizontal line.
Heading	Body Text	Alert	Link	CTA	Notes
Select the form you want to file online	This form is used by an employer or agent to petition U.S. Citizenship and Immigration Services (USCIS) for a beneficiary to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training. Generally, a Form I-129 petition may not be filed more than 6 months prior to the date employment is scheduled to begin. Form I-129 includes the: • Basic petition; • Individual supplements relating to specific classifications; and • H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classifications only). Note: You may apply online if the requested eligibility classification is: • H-1B - Speciality occupation workers; • H-1B1 - Specialty occupation workers from Chile and Singapore; • H-1B2 - Beneficiaries performing exceptional services relating to a cooperative research and development project administered by the U.S. Department of Defense (DOD) ; or • H-1B3 - Fashion models of distinguished merit and ability. All other classifications must be filed using a paper Form I-129.		https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf
	Concurrent filing available You can file Form I-907, Request for Premium Processing Service, if you are filing Form I-129 for a nonimmigrant classification that is eligible for premium processing. If you request premium processing, we will present the Form I-907 for you to complete after you sign the Form I-129. This will allow you to pay for and submit both forms at the same time.			Start form

Sheet 4: Application Overview

APPLICATION OVERVIEW: I-129
Column Header Descriptions Heading: The primary heading on a page, typically the first part of a section of the page. Sub-Heading: The secondary header, typically directly underneath the Heading. Primary Navigation: A section of the form that contains several pages. Secondary Navigation: A single page within a section. Body Text: Based on the questions from the paper form. Link: A reference column to include any URLs that appear as hyperlinks in the Instructional text. CTA: Copy to include for a button. Notes: Internal notes for the myUSCIS teams to provide insight and explanations. Page breaks are indicated by a bold horizontal line.
Heading	Sub-Heading	Conditional Logic	Body Text	Alert	Required?	Link	CTA	Notes
I-129, Petition for a Nonimmigrant Worker			This form is used by an employer or agent to petition U.S. Citizenship and Immigration Services (USCIS) for a beneficiary to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training. Generally, a Form I-129 petition may not be filed more than 6 months prior to the date employment is scheduled to begin. Form I-129 includes the: • Basic petition; • Individual supplements relating to specific classifications; and • H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classifications only). Note: You may apply online if the requested eligibility classification is: • H-1B - Speciality occupation workers; • H-1B1 - Specialty occupation workers from Chile and Singapore; • H-1B2 - Beneficiaries performing exceptional services relating to a cooperative research and development project administered by the U.S. Department of Defense (DOD) ; or • H-1B3 - Fashion models of distinguished merit and ability. All other classifications must be filed using a paper Form I-129.			https://www.uscis.gov/i-129
Before You Start Your Petition	Eligibility		Who May File Form I-129? General: A U.S. employer may file this form and applicable supplements to classify a beneficiary in any nonimmigrant classification listed in the About You section or the Reason for Request section 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. Naming beneficiaries: All beneficiaries in a petition must be named. Note: You can file Form I-907, Request for Premium Processing Service, if you are filing a Form I-129 for a nonimmigrant classification that is eligible for premium processing. If you request premium processing, we will present the Form I-907 for you to complete after you sign the Form I-129. This will allow you to pay for and submit both forms at the same time.
	Classification supplements	[accordion]	H Classification Supplement This is used to: • Determine which H Classification is sought by the petitioner for the beneficiary; • Collect information related to the beneficiary's qualifications; and • Collect information related to the beneficiary's proposed employment. Who is required to submit this supplement? A U.S. employer or U.S. agent seeking to sponsor a nonimmigrant worker in any H-1B classification.
		[accordion]	Trade Agreement Supplement This is used to: • Collect details about the proposed employment; • Collect details about beneficiary's eligibility; and • Collect employer's attestation to comply with terms and conditions of the classification. Who is required to submit this supplement? A U.S. employer or U.S. agent seeking to sponsor a nonimmigrant worker based on a Free Trade Agreement between the United States and the beneficiary's country of citizenship.
		[accordion]	H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement This is used to: • Collect additional information about the H-1B employer and beneficiary; • Determine the appropriate fees for the petition; and • Determine whether the beneficiary is subject to the H-1B numerical limitation (also known as the H-1B cap). Who is required to submit this supplement? A U.S. employer or U.S. agent seeking to classify a beneficiary as an H-1B or H-1B1 Free Trade Nonimmigrant worker must file this with the Form I-129 and the appropriate fee.
	Fee		Fee: The base filing fee for Form I-129 is $460. American Competitiveness and Workforce Improvement Act (ACWIA) fee for certain H-1B and H-1B1 petitions A petitioner filing Form I-129 for an H-1B nonimmigrant or for a Chile or Singapore H-1B1 Free Trade Nonimmigrant, unless exempt under the Reason for Request section of the H-1B Data Collection and Filing Fee Exemption Supplement, must pay an additional fee of either $1,500 or $750. To determine which ACWIA fee to pay, complete the Reason for Request section of the H-1B Data Collection and Filing Fee Exemption Supplement. A petitioner filing Form I-129 who is required to pay the ACWIA fee may make the payment in the form of a single check or money order for the total amount due or as two checks or money orders, one for the ACWIA fee and one for the petition fee. Fraud Prevention and Detection fee for H-1B A petitioner seeking initial approval of H-1B for a beneficiary, or seeking approval to employ an H-1B currently working for another petitioner, must submit a $500 Fraud Prevention and Detection fee. Petitioners for Chile or Singapore H-1B1 Free Trade Nonimmigrants do not have to pay the $500 fee. Pubic Law 114-113 fee for H-1B Those petitioners required to submit the $500 Fraud Prevention and Detection fee are also required to submit an additional $4,000 fee mandated by Public Law 114-113, if: • The petitioner employs 50 or more individuals in the United States; • More than 50 percent of those employees are in H-1B status. 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. Biometrics Services fee for certain beneficiaries in the Commonwealth of the Northern Mariana Islands (CNMI) An additional biometrics services fee as described in 8 CFR 103.7(b) is required if the beneficiary is lawfully present in the CNMI when applying for an initial grant of any federal nonimmigrant status. Refund policy: USCIS does not refund fees, regardless of any action we take on your application, petition, or request, or how long USCIS takes to reach a decision. By continuing this transaction, you acknowledge that you must submit fees in the exact amount and that you are paying the fees for a government service. Please refer to the instructions for the form(s) you are filing for additional information or you may call the USCIS Contact Center at 800-375-5283. For TTY (deaf or hard of hearing) 800-767-1833.

	Documents you may need		We will automatically determine which documents you should provide us as you fill out your petition. At the time of filing, you must submit all evidence and supporting documentation listed.
	Biometric Services Appointment		Biometrics services appointment for certain beneficiaries who will be working in the Commonwealth of the Northern Mariana Islands (CNMI) After receiving your petition and ensuring completeness, USCIS will inform you in writing when the beneficiary needs to go to their local USCIS Application Support Center (ASC) for their biometrics services appointment. Failure to attend the biometrics services appointment may result in denial of your petition.
After You Submit Your Petition	Track your case online		After you submit your form, you can track its status through your USCIS account. Sign into your account often to check your case status and read any important messages from USCIS.
	Respond to requests for information		If we need more information from you, we will send you a Request for Evidence (RFE) or Request for Information (RFI). You can respond to our request and upload your documents through your USCIS account.
	Provide your biometrics		We will contact the beneficiary to schedule an appointment at an Application Support Center near them, if applicable. At the appointment, we will get their fingerprints, photograph, and signature.
	Receive your decision		The decision on Form I-129 involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.				Next
Completing Your Petition Online	Filing online		Submitting your application online is the same as mailing in a completed paper form. They both gather the same information.
	Complete the Getting Started section first		You should answer all questions in the Getting Started section first so we can best customize the rest of your online form experience.
	Provide as many responses as you can		You should provide as many responses as you can. Incomplete fields or sections and missing information can slow down processing of your case after you submit your form.
	We will automatically save your responses		We will automatically save your information when you select next to go to a new page or navigate to another section of the form. We will save your information for 30 days from today, or from the last time you worked on the form.
	How to continue filling out your form		After you start your form, you can sign into your account to continue filling out your form.
	DHS Privacy Notice		AUTHORITIES: The information requested on this petition and the associated evidence, is collected under 8 U.S.C. sections 1154, 1184, and 1258.
			PURPOSE: The primary purpose for providing the requested information on this petition is to petition USCIS for a nonimmigrant worker to come temporarily to the United States to perform services or labor or to receive training. DHS will use the information you provide to grant or deny the immigration benefit you are seeking.
			DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in denial of your petition.
			ROUTINE USES: DHS may share the information you provide on this petition and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System and DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems,] which you can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.			www.dhs.gov/privacy
	Paperwork Reduction Act		An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated for Form I-129 at 2 hours and 20 minutes; Trade Agreement Supplement at 40 minutes; H Classification Supplement at 2 hours; H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement at 1 hour; including the time for reviewing instructions, gathering the required documentation and completing and submitting the request. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services Office of Policy and Strategy, Regulatory Coordination Division 5900 Capital Gateway Drive, Mail Stop #2140 Camp Springs, MD 20588-0009 Do not mail your completed Form I-129 to this address. OMB No. 1615-0009 Expires: 11/30/2025
	Security reminder		If you do not work on your applicationtion for more than 30 days, we will delete your data in order to prevent storing personal information indefinitely.				Start

Sheet 5: Getting Started

GETTING STARTED: I-129

Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Secondary Navigation: A single page within a section.
Conditional Logic: Indicates whether the question or subquestion only applies if you meet certain criteria.
Paper Form Question: The number in the paper form associated with the question.
Question: Based on content from the paper form. Often re-written from a statement into a question.
Sub-Question: Based on content from the paper form--the next level of information from the previous question. Often re-written from a statement into a question.
Field Type: The interaction method for a user to select or input data (ex. Text field, Dropdown menu, Radio buttons).
Instructional Text: Text that appears directly below a question and provides instructions for answering the question.
Help Text: Text that appears below or next to an input field, partially hidden. Users can click to expand. Provides additional contextual or clarifying information about a question.
Required: Indicates if an applicant is required to answer a question to compete the form. Most questions are required, conditional questions may not be required.
Notes: Internal notes for the myUSCIS teams to provide insight and explanations.

Page breaks are indicated by a bold horizontal line.

Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Tool Tip

Alert

Required?

Notes

Getting Started

Reason for request

2.1

What nonimmigrant classification are you requesting?

H-1B Speciality Occupation

Radio

YES

H-1B1 Chile and Singapore

Radio

H-1B2 Exceptional services relating to a cooperative research and development project administered by the U.S. Department of Defense (DOD)

Radio

H-1B3 Fashion model of distinguished merit and ability

Radio

Is this petition subject to the congressionally mandated annual numerical limit (cap) or 20,000 petition exemption based on the beneficiary's attainment of a master's degree or higher from a U.S. institution of higher education (master's cap)?

Yes/No

Radio

The numerical limitation is commonly known as the “regular cap” and the 20,000 petition exemption based on the beneficiary's attainment of a master's degree or higher from a U.S. institution of higher education is commonly referred to as the "master's cap" or "advanced degree exemption."

[If visa cap = yes]

Select the beneficiary you are filing for:

Dropdown/text

Shows list of H-1B registered beneficiaries by name and BCN: Lastname, Firstname - XXXXXXXXXXXX

The list will show an additional option for 'My Beneficiary is not in this list'

2.2a-2.2f

What is the basis for classification?

New employment

Radio

If the beneficiary will work for the same employer in the same classification but there is a material change in the terms and conditions of employment, training, or the beneficiary's eligibility as specified in the original approved petition, select the Amended Petition option.

Select this option if the beneficiary:

• Is outside the United States and holds no classification;

• Will begin employment for a new U.S. employer in a different nonimmigrant classification than the beneficiary currently holds; or

• Will work for the same employer but in a different nonimmigrant classification.

YES

Continuation of previously approved employment without change with the same employer

Radio

Select this option if you are applying to continue the employment of the beneficiary in the same nonimmigrant classification the beneficiary currently holds and there has been no change to the employment.

Change in previously approved employment

Radio

Select this option if you are notifying USCIS of a non-material change to the previously approved employment such as a change in job title without a material change in job duties.

New concurrent employment

Radio

Select this option if you are applying for a beneficiary to begin new employment with an additional employer in the same nonimmigrant classification the beneficiary currently holds while the beneficiary will continue working for his or her current employer in the same classification.

Change of employer

Radio

Select this option if you are applying for a beneficiary to begin employment working for a new employer in the same nonimmigrant classification that the beneficiary currently holds.

Amended petition

Radio

Select this option if you are applying to notify USCIS of a material change in the terms or conditions of employment or training or the beneficiary's eligibility as specified in the original approved petition.

2.3

What is the most recent petition or application receipt number for the beneficiary?

Text

If the beneficiary has no previous petitions or applications, select None.

Provide a 13-character receipt number, beginning with 3 capitalized letters followed by 10 digits.

None

Checkbox

Reason for request page 2

2.4a-2.4f

What action are you requesting?

Notify a U.S. Consulate or inspection facility so the beneficiary can obtain a visa or be admitted

Radio

If the beneficiary seeks to change status to, or extend his or her stay in H-1B1 Chile/Singapore or TN classification, select the option that is based on a Free Trade Agreement.

Select this option if the beneficiary is outside of the United States, or, if the beneficiary is currently in the United States, but he or she will leave the United States to obtain a visa/admission abroad.

Note: A petition is not required for H-1B1 Chile/Singapore beneficiaries who seek to obtain a visa/admission abroad.

YES

Change the status and extend the stay of each beneficiary because the beneficiary is now in the United States in another status. This option is available only when you check "New Employment" in 'Reason for Request' on the previous page.

Radio

Select this option if the beneficiary is currently in the United States in a different nonimmigrant classification and is applying to change to a new nonimmigrant status.

Note: Do not select this option if the beneficiary seeks to change status to H-1B1 Chile/Singapore or TN classification.

Change of status

Extend the stay of each beneficiary because the beneficiary now holds this status

Radio

Select this option if the beneficiary is currently in the United States in a nonimmigrant classification and is requesting an extension of his or her stay in the same nonimmigrant classification.

Note: Do not select this option if the beneficiary seeks to extend his or her stay in H-1B1 Chile/Singapore or TN classification.

Extension of stay

Amend the stay of each beneficiary because the beneficiary now holds this status

Radio

Select this option if the beneficiary is currently in the United States in the same nonimmigrant classification and you are notifying USCIS of any material changes in the terms and conditions of employment, training or the beneficiary's eligibility as specified in the original approved petition.

Extend the status of a nonimmigrant classification based on a free trade agreement

Radio

Select this option if the beneficiary is currently in the United States based on a Free Trade Agreement (H-1B1 Chile/Singapore or TN classification) and is requesting an extension of his or her stay in that same classification.

Extension of stay

Change status to a nonimmigrant classification based on a free trade agreement

Radio

Select this option if the beneficiary is currently in the United States in a different nonimmigrant classification and is applying to change to a nonimmigrant classification based on a Free Trade Agreement (H-1B1 Chile/Singapore or TN classification).

Change of status

Processing information

4.2

Does the beneficiary have a valid passport?

Yes/No

Radio

[If 4.2 = no]

Provide an explanation.

Text area

4.4

Are you filing any applications for replacement/initial Forms I-94, Arrival-Departure Records with this petition?

Yes/No

Radio

If the beneficiary was issued an electronic Form I-94 by CBP when he or she was admitted to the United States at an air or sea port, he or 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.

Link: www.cbp.gov/i94

(If Yes)

How many?

Text

4.5

Are you filing any applications for dependents with this petition?

Yes/No

Radio

(If Yes)

How many?

Text

[If 2.1 = H-1B, H-1B2, or H-1B3]
--------
[if 2.1 = H-1B1 Chile and Singapore then do not show]

PP1

Would you like to request Premium Processing Service?

Yes/No

Radio

Premium Processing Service guarantees that USCIS will take one of several possible actions (issue an approval notice, a denial notice, a notice of intent to deny, or a request for evidence or open an investigation for fraud or misrepresentation) on your Form I-129 within 15 days.

The fee for Premium Processing Service for Form I-129 for H-1B classifications is $2,805.

If you request premium processing, you will be asked to complete the Form I-907 after you sign your Form I-129. You will then be able to pay for and submit both forms at the same time.

[blue alert]
[If H-1B, H-1B2, or H-1B3]
AND
[if PP1 = Yes]

[blue alert]
The Form I-129 and Form I-907 will be submitted together. After you sign the Form I-129, the form will be locked. You will not be able to make any changes to the form once it is locked. You will immediately be directed to the Form I-907 and will be able to pay for and submit both forms after you provide your signatures.

Preparer information

Is a preparer assisting you with completing this petition?

Yes/No

Radio

A preparer is anyone who completes or helps you complete all or part of your petition using information and answers that you provide.

(If yes to preparer)

8.1

What is your preparer's full name?

Given name (first name)

Text

Family name (last name)

Text

8.2

What is your preparer's business or organization name? (If any)

Text

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

8.3

What is your preparer's mailing address?

Country

Dropdown/text

Address line 1

Text

Street number and name

Address line 2

Text

Apartment, suite, unit, or floor

City or town

Text

(If non-USA use Province and text field)

State / Province

Dropdown/text

(If non-USA use Postal code and remove help text)

ZIP code / Postal code

Text

Provide a 5 or 9-digit ZIP code.

8.4

What is your preparer's contact information?

Daytime telephone number

Text

Provide a 10-digit phone number.

Fax number

Text

Email address

Text

Example: [email protected]

My preparer does not have an email address.

Checkbox

Sheet 6: About Petitioner

ABOUT YOU: I-129

Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Alert

Required?

Notes

About Petitioner

Petitioner's name

Are you filing this petition as an individual or a company?

I am an individual filing this petition

Radio

You may only file online on behalf of a company or organization at this time.

I am filing this petition on behalf of a company or organization

Radio

(If individual)

1.1

What is your current legal name?

Given name (first name)

Text

Your current legal name is the name on your birth certificate, unless it changed after birth by a legal action such as marriage or court order. Do not provide any nicknames here.

Middle name (if applicable)

Text

Family name (last name)

Text

(If company or organization)

1.2

What is the company or organization name?

Text

7.1

What is the title of the authorized signatory?

Text

Petitioner's contact information

1.4

What is the petitioning entity or individual's contact information?

Daytime telephone number

Text

Provide a 10-digit phone number.

Mobile telephone number

Text

Provide a 10-digit phone number.

Email address

Text

Example: [email protected]

I do not have an email address.

Checkbox

1.3

What is the mailing address of the individual, company, or organization filing this petition?

In care of name (if any)

Text

Country

Dropdown/Text

YES

Address line 1

Text

Street number and name

YES

Address line 2

Text

Apartment, suite, unit, or floor

City or town

Text

YES

(If non-USA use Province and text field)

State/Province

Dropdown/Text

YES

(If non-USA use Postal code and remove help text)

ZIP code/Postal code

Text

Provide a 5 or 9-digit ZIP code.

YES

Petioner's other information

1.5

What is the petitioner's Federal Employer Identification Number (FEIN)?

Text

Provide a 9-digit Federal Employer Identification number.

1.5

What is the petitioner's Individual IRS Tax Number?

Text

I do not have or know the petitioner's Individual IRS Tax number.

Checkbox

1.5

What is the petitioner's U.S. Social Security number (SSN)?

Text

Provide a 9-digit Social Security number.

I do not have or know the petitioner's U.S. Social Security number.

Checkbox

Sheet 7: About Beneficiary

ABOUT BENEFICIARY: I-129

Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Alert

Required?

Notes

About Beneficiary

Beneficiary's name

3.2

What is the beneficiary's current legal name?

Given name (first name)

Text

Their current legal name is the name on their birth certificate, unless it changed after birth by a legal action such as marriage or court order. Do not provide any nicknames here.

Prepopulate from Getting Started > Select the beneficiary you are filing for: (if bene is in the list)

The beneficiary does not have a first name.

Checkbox

Middle name

Text

The beneficiary does not have a middle name.

Checkbox

Family name (last name)

Text

YES

The beneficiary does not have a last name.

Checkbox

3.3

Have they ever used other names?

Yes/No

Radio

This would include nicknames, aliases, maiden names, and names from all previous marriages.

Small Table, CTA Add another name

(If 3.3 = YES)

3.3

Provide all other names the beneficiary has used.

Given name (first name)

Text

Include nicknames, aliases, maiden name, and names from all previous marriages.

The beneficiary does not have a first name.

Checkbox

Middle name

Text

The beneficiary does not have a middle name.

Checkbox

Family name (last name)

Text

The beneficiary does not have a last name.

Checkbox

Beneficiary's contact information

Is the beneficiary in the United States?

Yes/No

Radio

3.6

What is their current U.S. mailing address?

Address line 1

Text

Do not list a P.O. Box.

Street number and name

Address line 2

Text

Apartment, suite, unit, or floor

City or town

Text

State

Dropdown/Text

ZIP code

Text

Provide a 5 or 9-digit ZIP code.

4.1.a

What type of office would you like your petition approval notification sent to?

Consulate

Radio

If the beneficiary is outside the United States, or a requested extension of stay or change of status cannot be granted, we will send the notification to the selected office.

Pre-flight inspection

Radio

Port of Entry

Radio

4.1.c

What country is the office in?

Dropdown

4.1.b

What city is the office in?

Text

[If 4.1.c = United States]

4.1.c

What state is the office in?

Dropdown

4.1.d

What is the beneficiary's foreign address? (if any)

Country

Dropdown/Text

Address line 1

Text

Street number and name

Address line 2

Text

Apartment, suite, unit, or floor

City or town

Text

State/Province

Dropdown/Text

ZIP Code/Postal code

Text

Provide a 5 or 9-digit ZIP code.

When and where they were born

3.4

What is the beneficiary's date of birth?

MM/DD/YYYY

Date

3.4

What is the beneficiary's country of birth?

Dropdown

Ensure there is an option for 'My country is not in this list'

3.4

What is the beneficiary's province of birth?

Text

Immigration information

[If beneficiary is inside the US]

3.5

When was the beneficiary's date of last arrival?

MM/DD/YYYY

Date

3.5

What is the beneficiary's Form I-94 Arrival-Departure Record number?

Text

Provide an 11-character I-94 Number.

I do not have or know the beneficiary's Form I-94 Arrival-Departure Record number.

Checkbox

3.5

What is the beneficiary's passport or travel document number?

Text

This question (and the follow up questions if the petitioner is able to enter in the passport/travel document number) will be conditionally required: [If 2.1 = H-1B Speciality Occupation OR H-1B3 Fashion Model] AND [If visa cap = yes]

I do not have or know the beneficiary's passport or travel document number.

Checkbox

3.5

When was their passport or travel document issued?

MM/DD/YYYY

Date

3.5

When does their passport or travel document expire?

MM/DD/YYYY

Date

3.5

What country issued their passport or travel document?

Dropdown

Immigration information page 2

[If beneficiary is inside the US]

3.5

What is the beneficiary's current nonimmigrant status?

Dropdown

Ensure there is an option in the dropdown for 'The status is not in this list' or something similar

3.5

When does the beneficiary's status expire?

MM/DD/YYYY

Date

The beneficiary's status does not expire.

Checkbox

3.5

What is the beneficiary's Student and Exchange Visitor Information System (SEVIS) Number? (If any)

N-

Text

Provide a 10, 11, or 12-digit SEVIS number.

3.5

What is their Employment Authorization Document (EAD) number? (If any)

Text

Provide a 13-character number, beginning with 3 capitalized letters followed by 10 digits.

Immigration history

4.6

Is the beneficiary in this petition in removal proceedings?

Yes/No

Radio

4.7

Have you ever filed an immigrant petition for the beneficiary in this petition?

Yes/No

Radio

(if yes to 4.7)

How many petitions?

Text

4.9

Have you ever previously filed a nonimmigrant petition for this beneficiary?

Yes/No

Radio

(if yes to 4.9)

Provide an explanation.

Text

Immigration history page 2

(If user selects 'New Employment' in Getting Started (2.2a))

4.8a

Has the beneficiary in this petition ever been given the classification you are now requesting within the last seven years?

Yes/No

Radio

(if yes to 4.8a)

Provide an explanation.

Text

(If user selects 'New Employment' in Getting Started (2.2a))

4.8b

Has the beneficiary in this petition ever been denied the classification you are now requesting within the last seven years?

Yes/No

Radio

(if yes to 4.8b)

Provide an explanation.

Text

4.11.a

Has the beneficiary in this petition ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange visitor?

Yes/No

Radio

(if yes to 4.11.a)

4.11.b

Provide the dates the beneficiary maintained status as a J-1 exchange visitor or J-2 dependent.

From: MM/DD/YYYY

Date

Small table
Make fields required if one field is filled out (vice versa)

To: MM/DD/YYYY

Date

Present

Checkbox

Other information

3.4

What is the beneficiary's country of citizenship or nationality?

Dropdown

3.4

What is the beneficiary's gender?

Male

Radio

Female

Radio

3.4

What is the beneficiary's A-Number?

A-

Text

Provide a 7, 8, or 9-digit number. If the A-Number is fewer than 9 digits, the system will automatically add zero(s) after the "A" and before the first digit so there is a total of 9 digits, for example: A-001234567.

I do not have or know the beneficiary's A-Number.

Checkbox

3.4

What is the beneficiary's U.S. Social Security number (SSN)?

Text

Provide a 9-digit Social Security number.

I do not have or know the beneficiary's U.S. Social Security number.

Checkbox

Sheet 8: Employment

EMPLOYMENT: I-129

Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Alert

Required?

Notes

Employment

Basic information

5.1

What is the job title of the beneficiary?

Text

5.2

What is the labor condition application (LCA) or Employment and Training Administration (ETA) Case Number?

Text

5.7

Is this a full-time position?

Yes/No

Radio

(If no to 5.7)

5.8

How many hours per week will the position work?

Text

5.9

What is the beneficiary's wage?

Text

per hour
per week
bi-weekly
per month
per year

Dropdown

5.10

Is there any other compensation?

Yes/No

Radio

(if yes)

Provide an explanation.

Text

5.11

What are the dates of intended employment?

From: (MM/DD/YYYY)

Date

The employment start date should be within the next 6 months.

YES

To: (MM/DD/YYYY)

Date

[Yellow alert]
(if date > 6 months away)

[h] The start date you entered is more than 6 months away

[b] Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Review the appropriate regulatory provisions in Title 8 of the Code of Federal Regulations that relate to the nonimmigrant classification sought.

Petitioner information

5.12

What is the petitioner's type of business?

Text

5.13

What year was the petitioning business established?

Text

5.14

What is the petitioner's current number of employees in the United States?

Text

5.15

What is the petitioner's gross annual income?

Currency

5.16

What is the petitioner's net annual income?

Currency

Work location

5.3

Is the beneficiary's work address the same as the petitioner's mailing address you provided in the 'About Petitioner' section?

Yes/No

Radio

(If no to 5.3)

5.3

What is the beneficiary's work address?

Address line 1

Text

Street number and name

Address line 2

Text

Apartment, suite, unit, or floor

City or town

Text

State

Dropdown

ZIP code

Text

Provide a 5 or 9-digit ZIP code.

5.4

Did you include an itinerary with the petition?

Yes/No

Radio

5.5

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

Yes/No

Radio

5.6

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

Yes/No

Radio

Sheet 9: H Classification Supplement

H CLASSIFICATION SUPPLEMENT: I-129

Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Alert

Required?

Notes

H Classification Supplement

General information

(If 2.1 = H-1B Specialty Occupation or H-1B3 Fashion Model)

Provide the Beneficiary Confirmation Number from the H-1B Registration Selection Notice for the beneficiary named in the petition.

Text

Prepopulate BCN from Getting Started > Select the beneficiary you are filing for (if bene is in the list)

I do not have or know the Beneficiary Confirmation Number.

Checkbox

Are you filing this petition on behalf of a beneficiary subject to the Guam-CNMI cap exemption under Public Law 110-229?

Yes/No

Radio

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

Radio

Beneficiary information

List the beneficiary's prior periods of stay in H or L Classification in the United States for the last 6 years.

From: (MM/DD/YYYY)

Date

Only list the periods in which the 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.

Small table
Make fields required if one field is filled out (vice versa)

To: (MM/DD/YYYY)

Date

Present

Checkbox

Does the beneficiary in this petition have ownership interest in the petitioning organization?

Yes/No

Radio

(If yes to 8a)

Provide an explanation.

Text

1.1

What are the beneficiary's proposed duties?

Text

1.2

What is the beneficiary's present occupation and summary of prior work experience?

Text

Sheet 10: Trade Agreement Supplement

TRADE AGREEMENT SUPPLEMENT: I-129

Primary Nav

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Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Alert

Required?

Notes

Trade Agreement Supplement

Preparer information

(If 2.1 = H-1B1)
AND
(If yes to preparer)

3.1

What is your preparer's full name?

Given name (first name)

Text

Prepop from 8.1 from Getting Started, allow user to edit the fields if necessary to add another preparer

Family name (last name)

Text

3.2

What is your preparer's business or organization name?

Text

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

Prepop from 8.2 from Getting Started

My preparer is not part of a business or organization.

Checkbox

3.3

What is your preparer's mailing address?

Country

Dropdown/Text

Prepop from 8.3 from Getting Started

Address line 1

Text

Street number and name

Address line 2

Text

Apartment, suite, unit, or floor

City or town

Text

(If non-USA use Province and text field)

State/Province

Dropdown

(If non-USA use Postal code and remove help text)

ZIP code/Postal code

Text

Provide a 5 or 9-digit ZIP code.

4.4

What is your preparer's contact information?

Daytime telephone number

Text

Provide a 10-digit phone number.

Prepop from 8.4 from Getting Started

Fax number

Text

Provide a 10-digit phone number.

Email address

Text

Example: [email protected]

My preparer does not have an email address.

Checkbox

Petitioner information

(If 2.1=H-1B1)

1 and 2.1

What is your current legal name?

Given name (first name)

Text

Your current legal name is the name on your birth certificate, unless it changed after birth by a legal action such as marriage or court order. Do not provide any nicknames here.

Middle name

Text

Family name (last name)

Text

1.4

What is your contact information?

Daytime telephone number

Text

Provide a 10-digit phone number.

Mobile telephone number

Text

Provide a 10-digit phone number.

Email address

Text

Example: [email protected]

I do not have an email address.

Checkbox

Other information

The employer is a:

U.S. Employer

Radio

Foreign Employer

Radio

(if foreign employer)

What is the name of the foreign country?

Dropdown/Text

1.1

This is a request for Free Trade status based on:

Free Trade, Chile (H-1B1)

Radio

Free Trade, Singapore (H-1B1)

Radio

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

Radio

Sheet 11: H-1B and H-1B1 Data Collection

H-1B AND H-1B1 DATA COLLECTION AND FILING FEE EXEMPTION SUPPLEMENT: I-129

Primary Nav

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Sub-Question Revisions

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Instructional Text

Help Text

Alert

Required?

Notes

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

General information

1.1a

Is the petitioner an H-1B dependent employer?

Yes/No

Radio

An H-1B dependent employer has:
• 25 or fewer full-time-equivalent employees who are employed in the United States and employs more than seven H-1B nonimmigrants;
• At least 26 but not more than 50 full-time-equivalent employees who are employed in the United States and employs more than 12 H-1B nonimmigrants; or
• At least 51 full-time equivalent employees who are employed in the United States and employs H-1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time-equivalent employees.

YES

1.1b

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

Yes/No

Radio

A willful violator is an employer whom the U.S. Secretary of Labor has found, after notice and opportunity for a hearing, to have willfully failed to meet a condition of the labor condition application described in section 212(n) of the Immigration and Nationality Act.

1.1c

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

Yes/No

Radio

An exempt H-1B nonimmigrant:
• Receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or
• Has attained a master’s degree or higher (or its equivalent) in a specialty related to the intended employment.

(If yes to 1.1c)

Why is the beneficiary exempt? (Select all that apply)

The beneficiary's annual rate of pay is equal to at least $60,000.

Checkbox

The beneficiary has a master's degree or higher degree in a specialty related to the employment.

Checkbox

1.1d

Does the petitioner employ 50 or more individuals in the United States?

Yes/No

Radio

YES

(If yes to 1.1d)

1.1d.1

Are more than 50 percent of those employees in H-1B, L-1A, or L-1B nonimmigrant status?

Yes/No

Radio

YES

Beneficiary's information

1.2a-i

What is the beneficiary's highest level of education?

No diploma
High school graduate diploma or the equivalent (for example: GED)
Some college credit, but less than 1 year
One or more years of college, no degree
Associate's degree (for example: AA, AS)
Bachelor's degree (for example: BA, AB, BS)
Master's degree (for example: MA, MS, MEng, MEd, MSW, MBA)
Professional degree (for example: MD, DDS, DVM, LLB, JD)
Doctorate degree (for example: PhD, EdD)

Dropdown

1.3

What is the beneficiary's major or primary field of study?

Text

Use the beneficiary’s degree transcripts to determine the primary field of study. DO NOT consider work experience to determine the beneficiary’s major field of study.

They do not have a major or primary field of study.

Checkbox

1.4

What is the beneficiary's rate of pay per year?

Currency

The “rate of pay’’ is the salary or wages paid to the beneficiary. Salary or wages must be expressed in an annual full-time amount and do not include non-cash compensation or benefits. For example, an H-1B worker is to be paid $6,500 per month for a 4-month period and also provided separately a health benefits package and transportation during the 4-month period. The yearly rate of pay if he or she were working for a full year would be 12 times the monthly rate, or $78,000. This amount does not include health benefits or transportation costs. The figure $78,000 should be entered on this form as the rate of pay.

1.5

What is the DOT Code for the position?

Text

Provide a 3-digit DOT code.

1.6

What is the NAICS Code for the business?

Text

This is the North American Industry Classification System (NAICS) Code. You can use this link to obtain the code number from the U.S. Department of Commerce, Census Bureau.

Provide a 6-digit code. If your code has fewer than 6 digits, enter the code left to right and then add zeros in the remaining unoccupied boxes. For example, if your code sequence is 33466, you should enter it as 334660.

https://www.census.gov/naics/

Fee exemption and/or determination

[blue alert]
[always display]

[blue alert]
[b] 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.

2.1

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

YES

2.2

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

YES

2.3

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

Yes/No

YES

2.4

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

Yes/No

YES

2.5

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

Yes/No

YES

Fee exemption and/or determination page 2

[blue alert]
[always display]

[blue alert]
[b] In order for us 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.

2.6

Are you filing this petition to correct a USCIS error?

Yes/No

YES

2.7

Is the petitioner a primary or secondary education institution?

Yes/No

YES

2.8

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

Yes/No

YES

[if yes to any questions 2.1-2.8]
[blue alert]

[blue alert]
[b] You are not required to submit the ACWIA fee for this H-1B Form I-129 petition.

2.9

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 or organization?

Yes/No

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 the petitioner employs 50 or more individuals in the United States and if there are more than 50 percent of those employees in H-1B, L-1A, or L-1B nonimmigrant status. 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.

YES

[if yes to 2.9 - yellow alert]

[yellow alert]
[b] You are required to pay an additional ACWIA fee of $750 for this petition.

[if no to 2.9 - yellow alert]

[yellow alert]
[b] You are required to pay an additional ACWIA fee of $1,500 for this petition.

Numerical limitation information

3.1a-3.1d

What type of H-1B petition you are filing?

CAP H-1B Bachelor's Degree

Cap H-1B Bachelor's Degree

Radio

YES

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

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

Radio

CAP H-1B1 Chile/Singapore

Cap H-1B1 Chile/Singapore

Radio

CAP Exempt

Cap Exempt

Radio

(if 3.1 = CAP H-1B U.S. Master's Degree or Higher)

3.2a

What is the name of the United States institution of higher education?

Text

(if 3.1 = CAP H-1B U.S. Master's Degree or Higher)

3.2b

When was the degree awarded?

MM/DD/YYYY

Date

(if 3.1 = CAP H-1B U.S. Master's Degree or Higher)

3.2c

What is the type of United States degree?

Text

(if 3.1 = CAP H-1B U.S. Master's Degree or Higher)

3.2d

What is the address of the United States institution of higher education?

Address line 1

Text

Street number and name

Address line 2

Text

Apartment, suite, unit, or floor

City or town

Text

State

Dropdown

ZIP code

Text

Provide a 5 or 9-digit ZIP code.

(if 3.1 = CAP Exempt)

3.3a-3.3h

Why is this petition exempt from the numerical limitiation for H-1B classification?

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).

Checkbox

(if 3.1 = CAP Exempt)

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).

Checkbox

(if 3.1 = CAP Exempt)

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

Checkbox

(if 3.1 = CAP Exempt)

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).

Checkbox

(if 3.1 = CAP Exempt)

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

Checkbox

(if 3.1 = CAP Exempt)

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

Checkbox

(if 3.1 = CAP Exempt)

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).

Checkbox

(if 3.1 = CAP Exempt)

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

Checkbox

Off-site assignment

4.1

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

Yes/No

Radio

(If yes to 4.1)

4.2

Will the placement of the beneficiary off-site during the period of employment comply with the statutory and regulatory requirements of the H-1B nonimmigrant classification?

Yes/No

Radio

(If yes to 4.1)

4.3

Will the beneficiary be paid the higher of the prevailing or actual wage in any and all off-site locations?

Yes/No

Radio

Sheet 12: Additional Information

ADDITIONAL INFORMATION: I-129

Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Secondary Navigation: A single page within a section.
Paper Form Question: The number in the paper form associated with the question.
Question: Based on content from the paper form. Often re-written from a statement into a question.
Sub-Question: Based on content from the paper form--the next level of information from the previous question. Often re-written from a statement into a question.
Field Type: The interaction method for a user to select or input data (ex. Text field, Dropdown menu, Radio buttons).
Instructional Text: Text that appears directly below a question and provides instructions for answering the question.
Help Text: Text that appears below or next to an input field, partially hidden. Users can click to expand. Provides additional contextual or clarifying information about a question.
Required: Indicates if an applicant is required to answer a question to compete the form. Most questions are required, conditional questions may not be required.
Notes: Internal notes for the myUSCIS teams to provide insight and explanations.

Page breaks are indicated by a bold horizontal line.

Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Alert

Required?

Notes

Additional Information

Additional information

You may provide additional information for your petition.

Add additional information

Large table

If you need to provide any additional information for any of your answers to the questions in this form, enter it into the space below. You should include the questions that you are referencing.

If you do not need to provide any additional information, you may leave this section blank.

Large Table Pattern
Ghost Sub Nav

Sheet 13: Evidence

EVIDENCE: I-129

Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Secondary Navigation: A single page within a section.
Conditional Logic: Indicates whether the question or subquestion only applies if you meet certain criteria.
Evidence Title: Name of the individual evidence. All evidence evidence titles should be "Title Case."
Instructional Text: Text that appears directly below a question and provides instructions for answering the question.
Document type: A dropdown list of examples of documents a user could select. Always include "Other documents" as an option
Field Type: The interaction method for a user to select or input data (ex. Text field, Dropdown menu, Radio buttons).
File Requirements: Exact requirements to successfully upload a file. Standard language provided by myUSCIS.
Required: Indicates if an applicant is required to answer a question to compete the form. Most questions are required, conditional questions may not be required.
Notes: Internal notes for the myUSCIS teams to provide insight and explanations.

Page breaks are indicated by a bold horizontal line.

Primary Nav

Secondary Nav

Secondary Nav Revisions

Tertiary Nav

Conditional Logic

Paper Form

Paper Form Revisions

Evidence Title

Evidence Title Revisions

Field Type

Field Type Revisions

Instructional Text

Instructional Text Revisions

Document type

Document Type Revisions

File Requirements

File Requirements Revisions

Alerts

Required?

Links

Notes

Evidence

Certified labor condition application

(IF H-1B or H-1B1)

Evidence Of Certified Labor Condition Application

Upload

Upload evidence that the U.S. Department of Labor has certified a labor condition application (LCA).

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

Other

• Clear and readable
• Accepted file formats: JPG, JPEG, PDF, TIF or TIFF
• No encrypted or password-protected files
• If your documents are in a foreign language, upload a full English translation and the translator's certification with each original document.
• Upload no more than five documents at a time
• Accepted file name characters: English letters, numbers, spaces, periods, hyphens, underscores, and parentheses
• Maximum size: 12MB per file

Evidence of qualified specialty occupation

(IF H-1B or H-1B1)

Evidence Of Qualified Specialty Occupation

Upload

Upload evidence showing that the proposed employment qualifies as a specialty occupation.

Other

Degree or evidence of specialized training

(IF H-1B or H-1B1)

Degree Or Evidence Of Specialized Training

Upload

Upload evidence showing that the beneficiary has the required degree by submitting either:
• A copy of the beneficiary's U.S. bachelor's or higher degree as required by the specialty occupation;
• A copy of a foreign degree and evidence that it is equivalent to the U.S. degree; or
• Evidence of education, specialized training, and/or progressively responsible experience that is equivalent to the required U.S. degree.

Foreign Equivalent Degree
U.S. Degree
Other

License and certificates

(IF H-1B or H-1B1)

Evidence Of License And Certificates

Upload

Upload evidence the beneficiary meets or continues to meet any required license or other official permission to practice the profession or occupation in the state of intended employment.

License
Certificate
Other

Written contract or terms of agreement

(IF H-1B, H-1B1, or H-1B3)

Written Contract Or Terms Of Agreement

Upload

Upload a copy of any written contracts between the petitioner and the beneficiary or, if there is no written agreement, a summary of the terms of the original oral agreement under which the beneficiary will be employed.

Written contract
Statement of terms
Other

Passport or travel document

Classification - Initial Evidence, Part 1. Petition Always Required, H-1B Beneficiaries (Three Types)

Evidence of Passport or Travel Document

Upload

Upload evidence of the beneficiary's passport or travel document used at the time of registration to identify the beneficiary.

Passport
Travel Document

H-1B Registration Selection Notice

[If H-1B AND if selected 3.1a, 3.1b, or 3.1c in Data Collection and Filing Fee Supplement)

H-1B Registration Selection Notice

Upload

Upload a copy of the H-1B Registration Selection Notice.

H-1B Registration Selection Notice

Itinerary schedule

[if H-1B and if 'Yes' to 4.1 in Data Collection and Filing Fee]

Itinerary Schedule

Upload

An itinerary is only required if you are filing as an agent. 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. The agent/employer must also provide an itinerary of definite employment and information on any other services planned for the period of time requested.

Itinerary schedule
Other

Description of proposed employment

(If H-1B1 or H-1B2)

Written Description Of Proposed Employment

Upload

Upload a description of the proposed or continuing employment.

Description of proposed employment
Offer letter
Other

DOD service and project compliance

(if H-1B2)

Evidence Of Compliance To Department Of Defense Service And Project Conditions

Upload

Upload evidence showing that the services and project meet the conditions of performing services of an exceptional nature relating to a cooperative research and development project administered by the U.S. Department of Defense (DOD).

Sheet 14: Review & Submit

REVIEW AND SUBMIT: I-129

Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Secondary Navigation: A single page within a section.
Conditional Logic: A column used to indicate whether the question or subquestion only applies if you meet certain criteria.
Paper Form Question: The number in the paper form associated with the question.
Question: Based on content from the paper form. Often re-written from a statement into a question.
Sub-Question: Based on content from the paper form--the next level of information from the previous question. Often re-written from a statement into a question.
Field Type: The interaction method for a user to select or input data (ex. Text field, Dropdown menu, Radio buttons).
Instructional Text: Text that appears directly below a question and provides instructions for answering the question.
Help Text: Text that appears below or next to an input field, partially hidden. Users can click to expand. Provides additional contextual or clarifying information about a question.
Required: Indicates if an applicant is required to answer a question to compete the form. Most questions are required, conditional questions may not be required.
CTA: Copy to include for a button
Notes: Internal notes for the myUSCIS teams to provide insight and explanations.

Page breaks are indicated by a bold horizontal line.

Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper form question

Question

Sub-Question

Field Type

Instructional Text

Help Text

Alert

Required?

CTA

Notes

Review and Submit

Review your petition

Check your petition before you submit

Please review your ${formType} and check it for accuracy and completeness before you submit it.

We encourage you to provide as many responses as you can throughout the ${formType}. Missing or incomplete information may slow down the review process after you submit your ${formType}.

You can return to this page to review your ${formType} as many times as you want before you submit it.

Review my petition

Your fee

Your form filing fee is: [$XXX]

Refund policy: USCIS does not refund fees, regardless of any action we take on your petition or request, or how long USCIS takes to reach a decision. By continuing this transaction, you acknowledge that you must submit fees in the exact amount and that you are paying the fees for a government service.

Alerts and warnings

You have one or more alerts and warnings based on the information you provided in your petition.

A red alert means you have incomplete responses or inconsistent data. You cannot submit your petition with any red alerts.

A yellow warning means you may be missing information or may need to follow-up with us about your responses. You can still submit your petition, but some warnings may slow down the review process after you submit your petition.

A green alert means you have completed all required fields and responses.

Your petition summary

Review the I-129 form information

Here is a summary of all the information you provided in your petition.

Make sure you have provided responses for everything that applies to you before you submit your petition. You can edit your responses by going to each petition section using the site navigation.

We also prepared a draft case snapshot with your responses, which you can download below.

DOD project manager statement

(If H-1B2 U.S. DOD Projects Only)

H Classification Supplement

DOD Project Manager Statement and Signature

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 (DOD).

As the petitioner or preparer, you must collect the signature of the DOD Project Manager and upload the signed signature page. Follow these steps:

1. Download the Petition Summary
2. Download the DOD Project Manager Signature page
3. Print the Petition Summary and DOD Project Manager Signature page
4. Give the Petition Summary and DOD Project Manager Signature page to the DOD Project Manager to read and sign
5. Collect the signed DOD Project Manager Signature page

The petitioner will need to scan and upload the completed signature page on the next screen.

DOD project manager signature

(If H-1B2 U.S. DOD Projects Only)

DOD Project Manager's Signature Upload

Upload

Scan and upload the completed DOD Project Manager Signature page.

Preparer declaration

(IF PREPARER)

8.5

Preparer's Declaration and Signature

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.

Your preparer must read and agree to the certification below.

As the petitioner's preparer, you must sign on paper and provide your signature page to the petitioner. Follow these steps:

1. Download the Preparer Signature page
2. Print the Preparer Signature page
3. Read and sign the Preparer Signature page
4. Give the signed Preparer Signature page to the petitioner

The petitioner will need to scan and upload the completed signature page on the next screen.

Preparer signature

(IF PREPARER)

8.5

Preparer's Signature Upload

Upload

Scan and upload the completed Preparer Signature page.

Petitioner’s or authorized signatory’s declarations and signature

(If 2.1 = H-1B, H-1B1 Chile/Singapore, H-1B2)

6.1

With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner certifies that they have reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that:

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.

Radio

6.2

A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.

Radio

[If H-1B, H-1B1, H-1B2, H-1B3 classification]

H Classification Supplement

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.

You must read and agree to all of the declarations on this page. If you knowingly and willfully falsify or conceal a material fact or submit a false document with your petition, we can deny your petition and may deny any other immigration benefit. You may also face criminal prosecution and penalties provided by the law.

I have read and agree to the statement

Checkbox

(If H-1B Specialty Occupation OR H-1B2 U.S. DOD Projects)

H Classification Supplement

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 beneficiary abroad if the beneficiary is dismissed from employment by the employer before the end of the period of authorized stay.

I have read and agree to the statement

Checkbox

[If H-1B1]

Trade Agreement Supplement

Petitioner's Trade Agreement Supplement declaration

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.

l am filing this petition on behalf of an organization and I certify that I am authorized to do so by the organization.

I have read and agree to the statement.

Checkbox

Authorized Signatory’s Declaration and Signature

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.

I have read and agree to the statement.

Checkbox

(If user has checked all checkboxes on Your delcarations and signature page)

7.2.a

Authorized Signatory’s Signature

Text

You must provide your digital signature below by typing your full legal name. We may deny your petition if you do not completely fill out this petition or fail to submit required documents. We will record the date of your signature with your petition.

Required field

Pay and submit

(If Your declarations and signature page is complete)

Pay for and submit your petition

The final step to submit your Form I-129, Petition for a Nonimmigrant Worker is to pay the required fee.

Note: Your petition fee includes the Form I-129 filing fee and may also include the ACWIA fee, Fraud and Detection fee, and Public Law 113-114 fee, based on the answers you provided on your Form I-129 or supplements.

Your petition fee is: $[xxx]

Refund policy: By continuing this transaction, you agree that you are paying for a government service and that the filing fee, biometric services fee and all related financial transactions are final and not refundable, regardless of any action USCIS takes on an petition, petition or request, or how long USCIS takes to reach a decision. You must submit all fees in the exact amounts.

We will send you to Pay.gov — our safe, secure payment website — to pay your fees and submit your [petition, application, request] online.

Here are the steps in the payment and submission process:

1. Provide your billing information on Pay.gov
2. Provide your credit card or U.S. bank account information
3. Submit your payment

When you have paid your fee, your [petition, application, request] will be submitted.

Pay.gov will redirect you to a uscis.gov confirmation screen, which will include your receipt number. Please keep a copy of your receipt number for your records. You can track the status of your [petition, application, request] through your USCIS online account.

Finish and continue to I-907

(If Your declaration and signature page is complete)

AND

(if petitioner concurrently filed)

Finish the I-129 and continue to the I-907

By finishing this form, your Form I-129 will be locked and no further changes can be made. Please make sure that the information on your Form I-129 is complete and accurate before continuing. If you need to make any edits after finishing, you will need to create a new Form I-129.

Next, you will continue to Form I-907. Once you complete Form I-907, you can pay for and submit both forms at the same time.

Finish and continue

(Successful submission) (No nav)

You have successfully submitted your Petition for a Nonimmigrant Worker (I-129)

We will contact you if we have any questions or need additional information. You can track the status of your request through your USCIS online account.

Go to my cases

(Unsuccessful card declined) (No nav)

You did not submit your Petition for a Nonimmigrant Worker (I-129)

Your payment failed because your credit or debit card was declined.

You can try again now to sign and submit your requests or save and exit.

Sign and submit

(Unsuccessful submission) (No nav)

You did not submit your Petition for a Nonimmigrant Worker (I-129)

Your payment failed or was canceled before it could be processed on Pay.gov.

You can try again now to sign and submit your request or save your request and exit. We will save your request for 30 days from when you started it.

Sign and submit

Sheet 15: Alerts

WARNINGS, ALERTS, NOTICES, AND ERRORS: I-129
Column Header Descriptions Section: The primary nav where the alert can be found. Page: The secondary nav where the alert can be found. Type: The color of the alert. (Red, Yellow, Blue, Green) Conditional Logic: A column used to indicate whether the question or subquestion only applies if you meet certain criteria. Message: The copy that will show on the alert. Use [h] to indicate the header copy, and [b] to indicate the body copy. Link: Hyperlinks to webpages that may need to be accessed from the alert. Notes: Internal myUSCIS notes.
Section	Page	Type	Conditional Logic	Message	Link	Notes
Getting Started	Processing information	Blue alert	[If H-1B AND if yes to premium processing]	Form I-129 and Form I-907 will be submitted together. After you sign the Form I-129, the form will be locked. You will not be able to make any changes to the form once it is locked. You will immediately be directed to the Form I-907 and will be able to pay for and submit both forms after you provide your signatures.
Employment	Basic information	Yellow alert	[If date > 6 months away]	[h] The start date you entered is more than 6 months away [b] Generally, a Form I-129 petition may not be filed more than 6 months prior to the date employment is scheduled to begin. Review the appropriate regulatory provisions in Title 8 of the Code of Federal Regulations that relate to the nonimmigrant classification sought.
H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement	Fee exemption and/or determination	Blue alert	[always display]	[b] In order for you 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.
	Fee exemption and/or determination page 2	Blue alert	[always display]	[b] In order for you 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.
		Blue alert	[if yes to all questions 2.1-2.8]	[b] You are not required to submit the ACWIA fee for this Form I-129 petition.
		Yellow alert	[if yes to 2.9]	[yellow alert] [b] You are required to pay an additional ACWIA fee of $750 for this petition.
		Yellow alert	[if no to 2.9]	[b] You are required to pay an additional ACWIA fee of $1,500 for this petition.

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