I-129-041 H-1B Skinny Rule Copy Deck -Final-01302024

I-129-041 H-1B Skinny Rule Copy Deck -Final-01302024.pdf

Petition for a Nonimmigrant Worker

I-129-041 H-1B Skinny Rule Copy Deck -Final-01302024

OMB: 1615-0009

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Download: pdf | pdf
myUSCIS Copydeck: Interactive Forms

Form Number and Name
OMB Number
Form Edition Date:
Form Expiration Date:
Baseline Copydeck:

I-129, Petition for a Nonimmigrant Worker
1615-0009
11/2/2022
11/30/2025
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

• All original text is black.
1. Oranges
• Any text that is removed from original column will 2. Bananas
be removed in the revision column with the words on
either side indicated with red.
3. Apple
4. Pineapple
I want to eat a watermelon for lunch
and go hiking today.

Revised

1. Oranges
2. Bananas

3. Pineapple
4. Pear

I want to go hiking today.

Copy Deck Version Info

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.
Heading

Body Text

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.

Alert

Link

CTA

Notes

https://www.uscis.gov/sites/defa
ult/files/document/forms/i129.pdf

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.
Concurrent filing available

Start form

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.

File a Form

APPLICATION OVERVIEW: I-129
Column Header Descriptions
Heading: The primary heading on a page, typically the first part of a section of the page.
Heading

Sub-Heading

Conditional Logic

Body Text

Alert

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.

I-129, Petition for a
Nonimmigrant Worker

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.

Before You Start Your
Petition

All other classifications must be filed using a paper Form I-129.
Who May File Form I-129?

Eligibility

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).

Fee

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: 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:

Application Overview

Requir

APPLICATION OVERVIEW: I-129
Column Header Descriptions
Heading: The primary heading on a page, typically the first part of a section of the page.
Heading

Sub-Heading

Conditional Logic

Body Text

Alert

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.

After You Submit Your
Petition

Completing Your Petition
Online

Documents you may need
Biometric Services Appointment

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.
Biometrics services appointment for certain beneficiaries who will be working in the Commonwealth of the Northern Mariana Islands (CNMI)

Track your case online

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 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
Provide your biometrics
Receive your decision
Filing online

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.
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.
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.
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
Provide as many responses as you can
We will automatically save your responses

You should answer all questions in the Getting Started section first so we can best customize the rest of your online form experience.
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 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
DHS Privacy Notice

After you start your form, you can sign into your account to continue filling out your form.
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.

Paperwork Reduction Act

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.
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.

Application Overview

Requir

GETTING STARTED: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Getting Started

Reason for request

Tertiary Nav

Conditional Logic

Paper Form
Question

Question

Sub-Question

Field Type

2.1

What nonimmigrant classification are you requesting?

H-1B Speciality Occupation

Radio

[If visa cap = yes]

2.2a-2.2f

2.3
Reason for request page
2

2.4a-2.4f

H-1B1 Chile and Singapore
H-1B2 Exceptional services relating to a cooperative
research and development project administered by the
U.S. Department of Defense (DOD)
H-1B3 Fashion model of distinguished merit and ability
Is this petition subject to the congressionally mandated annual numerical limit Yes/No
(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)?

Radio
Radio

Select the beneficiary you are filing for:

Dropdown/text

What is the basis for classification?

What is the most recent petition or application receipt number for the
beneficiary?
What action are you requesting?

New employment

Radio
Radio

Radio

Continuation of previously approved employment
without change with the same employer

Radio

Change in previously approved employment

Radio

New concurrent employment

Radio

Change of employer

Radio

Amended petition

Radio
Text

None
Notify a U.S. Consulate or inspection facility so the
beneficiary can obtain a visa or be admitted

Checkbox
Radio

Instructional Text

Help Text

Processing information

[If 4.2 = no]

(If Yes)

4.2

Does the beneficiary have a valid passport?

4.4

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

4.5

(If Yes)
[If 2.1 = H-1B, H-1B2, or PP1
H-1B3]
-------[if 2.1 = H-1B1 Chile and
Singapore then do not
show]

Are you filing any applications for dependents with this petition?
Would you like to request Premium Processing Service?

Radio

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

Radio

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

Radio

Yes/No
Provide an explanation.
Yes/No

Radio
Text area
Radio

How many?
Yes/No
How many?
Yes/No

Text
Radio
Text
Radio

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

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.

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

Select this option if the beneficiary:

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

• 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

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

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.

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

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.

YES

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

Change of status

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

Extension of stay

Note: Do not select this option if the beneficiary seeks to extend his or her stay in H-1B1 Chile/Singapore
or TN classification.
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.
Select this option if the beneficiary is currently in the United States based on a Free Trade Agreement (H1B1 Chile/Singapore or TN classification) and is requesting an extension of his or her stay in that same
classification.
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).

Extension of stay
Change of status

Link: www.cbp.gov/i94

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.

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.

[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.

Is a preparer assisting you with completing this petition?

Yes/No

Radio

8.1

What is your preparer's full name?

8.2

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

Given name (first name)
Family name (last name)

Text
Text
Text

8.3

What is your preparer's mailing address?

Country
Address line 1
Address line 2
City or town
State / Province

Dropdown/text
Text
Text
Text
Dropdown/text

ZIP code / Postal code

Text

Provide a 5 or 9-digit ZIP code.

Daytime telephone number
Fax number
Email address
My preparer does not have an email address.

Text
Text
Text
Checkbox

Provide a 10-digit phone number.

8.4

YES

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

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

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

(If yes to preparer)

Required? Notes

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 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.

Preparer information

Alert

YES

Change the status and extend the stay of each
Radio
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.
Extend the stay of each beneficiary because the
Radio
beneficiary now holds this status

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

Tool Tip

What is your preparer's contact information?

A preparer is anyone who completes or helps you complete
all or part of your petition using information and answers
that you provide.
If applicable, provide the name of your accredited
organization recognized by the Board of Immigration Appeals
Street number and name
Apartment, suite, unit, or floor

Example: [email protected]

Getting Started

ABOUT PETITIONER: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

About Petitioner

Petitioner's name

Tertiary Nav

Conditional Logic

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

(If individual)

(If company or
organization)
Petitioner's
contact
information

1.1

1.2

What is the company or organization name?

7.1
1.4

What is the title of the authorized signatory?
What is the petitioning entity or individual's contact
information?

1.3

(If non-USA use
Province and text
field)
(If non-USA use
Postal code and
remove help text)
Petioner's other
information

What is your current legal name?

Sub-Question

Field Type

Instructional Text

I am an individual filing this petition

Radio

I am filing this petition on behalf of a
company or organization
Given name (first name)

Radio

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

Middle name (if applicable)
Family name (last name)

Daytime telephone number

Mobile telephone number
Email address
I do not have an email address.
What is the mailing address of the individual, company, In care of name (if any)
or organization filing this petition?
Country
Address line 1
Address line 2
City or town
State/Province

ZIP code/Postal code

1.5
1.5

1.5

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

Text
Text
Text
Text
Text
Text

Text
Text
Checkbox
Text
Dropdown/Text
Text
Text
Text
Dropdown/Text

Help Text

Required?

Notes

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.

Provide a 10-digit phone number.

Provide a 10-digit phone number.
Example: [email protected]

Street number and name
Apartment, suite, unit, or floor

Text

Provide a 5 or 9-digit ZIP code.

Text

Provide a 9-digit Federal Employer
Identification number.

Text
I do not have or know the petitioner's Individual Checkbox
IRS Tax number.
What is the petitioner's U.S. Social Security number
Text
(SSN)?
I do not have or know the petitioner's U.S.
Checkbox
Social Security number.

Alert

YES
YES
YES
YES

YES

Provide a 9-digit Social Security
number.

About Petitioner

ABOUT BENEFICIARY: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

About Beneficiary

Beneficiary's name

Tertiary Nav

Conditional Logic

(If 3.3 = YES)

Beneficiary's
contact
information

Paper Form
Question

Question

Sub-Question

Field Type

Instructional Text

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.

Checkbox

3.3

Have they ever used other names?

The beneficiary does not have a first
name.
Middle name
The beneficiary does not have a middle
name.
Family name (last name)
The beneficiary does not have a last
name.
Yes/No

Radio

3.3

Provide all other names the beneficiary has used.

Given name (first name)

Text
Checkbox

Is the beneficiary in the United States?

The beneficiary does not have a first
name.
Middle name
The beneficiary does not have a middle
name.
Family name (last name)
The beneficiary does not have a last
name.
Yes/No

Radio

Address line 1
Address line 2
City or town
State
ZIP code
Consulate

Text
Text
Text
Dropdown/Text
Text
Radio

Pre-flight inspection
Port of Entry

Radio
Radio
Dropdown
Text
Dropdown

Country
Address line 1
Address line 2
City or town
State/Province
ZIP Code/Postal code
MM/DD/YYYY

Dropdown/Text
Text
Text
Text
Dropdown/Text
Text
Date

3.6

4.1.a

[If 4.1.c = United
States]

When and where
they were born

Immigration
information

[If beneficiary is
inside the US]

What is their current U.S. mailing address?

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

4.1.c
4.1.b
4.1.c

What country is the office in?
What city is the office in?
What state is the office in?

4.1.d

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

Required?

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

Text
Checkbox

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

Small Table, CTA Add another name

Text
Checkbox
Text
Checkbox

What is the beneficiary's date of birth?

3.4

What is the beneficiary's country of birth?

Dropdown

3.4
3.5

What is the beneficiary's province of birth?
When was the beneficiary's date of last arrival?

Text
Date

3.5

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

3.5

Alert

Text
Checkbox

3.4

MM/DD/YYYY

Help Text

Text

Do not list a P.O. Box.

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.

Street number and name
Apartment, suite, unit, or floor
Provide a 5 or 9-digit ZIP code.

Street number and name
Apartment, suite, unit, or floor
Provide a 5 or 9-digit ZIP code.
Ensure there is an option for 'My country is not in this
list'

Provide an 11-character I-94 Number.

I do not have or know the beneficiary's Checkbox
Form I-94 Arrival-Departure Record
number.
Text
What is the beneficiary's passport or travel document number?
I do not have or know the beneficiary's Checkbox
passport or travel document number.

Immigration
information
page 2

[If beneficiary is
inside the US]

3.5
3.5
3.5
3.5

When was their passport or travel document issued?
When does their passport or travel document expire?
What country issued their passport or travel document?
What is the beneficiary's current nonimmigrant status?

MM/DD/YYYY
MM/DD/YYYY

3.5

When does the beneficiary's status expire?

3.5

What is the beneficiary's Student and Exchange Visitor
Information System (SEVIS) Number? (If any)
What is their Employment Authorization Document (EAD)
number? (If any)

MM/DD/YYYY
The beneficiary's status does not
expire.
N-

3.5
Immigration
history
(if yes to 4.7)

Immigration
history page 2

(if yes to 4.9)
(If user selects 'New
Employment' in
Getting Started
(2.2a))
(if yes to 4.8a)

Is the beneficiary in this petition in removal proceedings?

4.7

Have you ever filed an immigrant petition for the beneficiary in Yes/No
this petition?
How many petitions?
Have you ever previously filed a nonimmigrant petition for this Yes/No
beneficiary?
Provide an explanation.
Has the beneficiary in this petition ever been given the
Yes/No
classification you are now requesting within the last seven
years?

4.8a

Yes/No

Provide an explanation.

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

Date
Checkbox
Text
Text

4.6

4.9

Date
Date
Dropdown
Dropdown

Radio

Provide a 10, 11, or 12-digit SEVIS
number.
Provide a 13-character number,
beginning with 3 capitalized
letters followed by 10 digits.

Radio
Text
Radio
Text
Radio

Text

About Beneficiary

ABOUT BENEFICIARY: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Other information

Tertiary Nav

Conditional Logic

Paper Form
Question

(If user selects 'New
Employment' in
Getting Started
(2.2a))
(if yes to 4.8b)

4.8b

(if yes to 4.11.a)

4.11.b

4.11.a

Question

Sub-Question

Field Type

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

Yes/No

Radio

Provide an explanation.
Yes/No

Text
Radio

From: MM/DD/YYYY

Date

To: MM/DD/YYYY
Present

Date
Checkbox
Dropdown

Male
Female
A-

Radio
Radio
Text

Has the beneficiary in this petition ever been a J-1 exchange
visitor or J-2 dependent of a J-1 exchange visitor?
Provide the dates the beneficiary maintained status as a J-1
exchange visitor or J-2 dependent.

3.4

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

3.4

What is the beneficiary's gender?

3.4

What is the beneficiary's A-Number?

Instructional Text

Help Text

Alert

Required?

Notes

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

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 Checkbox
A-Number.
3.4

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

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

Provide a 9-digit Social Security
number.

About Beneficiary

EMPLOYMENT: I-129

Column Header Descriptions
Primary Nav

Secondary Nav

Employment

Basic information

Tertiary Nav

Conditional Logic

Paper Form
Question
5.1
5.2

(If no to 5.7)

(if yes)

Question

5.7
5.8

What is the job title of the beneficiary?
What is the labor condition application (LCA) or
Employment and Training Administration (ETA) Case
Number?
Is this a full-time position?
How many hours per week will the position work?

5.9

What is the beneficiary's wage?

5.10

Is there any other compensation?

5.11

What are the dates of intended employment?

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

Petitioner
information

(If no to 5.3)

Field Type

Instructional Text

Help Text

Alert

Required?

Notes

Text
Text

Yes/No

Radio
Text

$
per hour
per week
bi-weekly
per month
per year
Yes/No
Provide an explanation.
From: (MM/DD/YYYY)

Text
Dropdown

To: (MM/DD/YYYY)

Date

Radio
Text
Date

Provide a number between 0100 hours.

Number of hours must be between 0-100

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

YES

[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.

5.12

What is the petitioner's type of business?

Text

5.13
5.14

What year was the petitioning business established?
What is the petitioner's current number of employees in
the United States?
What is the petitioner's gross annual income?
What is the petitioner's net annual income?
Is the beneficiary's work address the same as the petitioner's
mailing address you provided in the 'About Petitioner'
section?
What is the beneficiary's work address?

Text
Text

5.15
5.16
5.3

Work location

Sub-Question

5.3

5.4
5.5
5.6

$
$
Yes/No

Address line 1
Address line 2
City or town
State
ZIP code
Did you include an itinerary with the petition?
Yes/No
Will the beneficiary work for you off-site at another company Yes/No
or organization's location?
Will the beneficiary work exclusively in the Commonwealth Yes/No
of the Northern Mariana Islands (CNMI)?

Currency
Currency
Radio
Text
Text
Text
Dropdown
Text
Radio
Radio

Street number and name
Apartment, suite, unit, or floor

Provide a 5 or 9-digit ZIP code.

Radio

Employment

H CLASSIFICATION SUPPLEMENT: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

H Classification
Supplement

General
information

Tertiary Nav

Conditional Logic

Paper Form
Question

(If 2.1 = H-1B
5
Specialty Occupation
or H-1B3 Fashion
Model)

Revised

Question

5a

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

5b
5b
5b
6

7

Beneficiary
information

3

8a
(If yes to 8a)

8b
1.1
1.2

Are you filing this petition on behalf of a beneficiary subject
to the Guam-CNMI cap exemption under Public Law 110229?
Are you requesting a change of employer and was the
beneficiary previously subject to the Guam-CNMI cap
exemption under Public Law 110-229?
List the beneficiary's prior periods of stay in H or L
Classification in the United States for the last 6 years.

Does the beneficiary in this petition have ownership interest
in the petitioning organization?
Provide an explanation.
What are the beneficiary's proposed duties?
What is the beneficiary's present occupation and summary
of prior work experience?

Revised

Sub-Question

Revised

Field Type

Revised

Instructional Text

Text

What is the beneficiary's passport or travel document
number at the time of registration?
What country issued the beneficiary's passport or travel
document at the time of registration?
When does the beneficiary's passport or travel document
expire at the time of registration?

I do not have or know the
Beneficiary Confirmation Number.

Help Text Alert

Required?

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

Checkbox
Text
Dropdown/Text
MM/DD/YYYY

Date

Yes/No

Radio

Yes/No

Radio

From: (MM/DD/YYYY)

Date

To: (MM/DD/YYYY)
Present
Yes/No

Date
Checkbox
Radio

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)

Text
Text
Text

H Classification Supplement

TRADE AGREEMENT SUPPLEMENT: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Trade Agreement
Supplement

Preparer
information

Tertiary Nav

Conditional Logic

Paper Form Question Question

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

3.1

What is your preparer's full name?

3.2

What is your preparer's business or organization name?

3.3

What is your preparer's mailing address?

(If non-USA use
Province and text
field)
(If non-USA use Postal
code and remove
help text)
4.4
What is your preparer's contact information?

Petitioner
information

(If 2.1=H-1B1)

1 and 2.1

1.4

Other information

3

(if foreign employer) 4
1.1

Sub-Question

Field Type

Instructional Text

Given name (first name)

Text

Family name (last name)

Text
Text

My preparer is not part of a business
or organization.
Country
Address line 1
Address line 2
City or town
State/Province

Checkbox
Dropdown/Text
Text
Text
Text
Dropdown

ZIP code/Postal code

Text

Provide a 5 or 9-digit ZIP code.

Daytime telephone number

Text

Provide a 10-digit phone number.

Fax number

Text

Provide a 10-digit phone number.

Help Text

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

Street number and name
Apartment, suite, unit, or floor

What is your contact information?

Middle name
Family name (last name)
Daytime telephone number

Text
Text
Text

Provide a 10-digit phone number.

Mobile telephone number

Text

Provide a 10-digit phone number.

Email address
I do not have an email address.
U.S. Employer

Text
Checkbox
Radio

Example: [email protected]

Foreign Employer

Radio
Dropdown/Text
Radio
Radio
Radio

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

Notes

Prepop from 8.2 from Getting Started

What is your current legal name?

What is the name of the foreign country?
This is a request for Free Trade status based on:

Required?

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

Email address
Text
My preparer does not have an email Checkbox
address.
Given name (first name)
Text

The employer is a:

Alert

Prepop from 8.3 from Getting Started

Prepop from 8.4 from Getting Started

Example: [email protected]

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.

Trade Agreement Supplement

H-1B AND H-1B1 DATA COLLECTION AND FILING FEE EXEMPTION SUPPLEMENT: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

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

Paper Form
Question

Question

Sub-Question

1.1a

Is the petitioner an H-1B dependent employer?

1.1b

1.1c

(If yes to 1.1c)

1.1d
(If yes to 1.1d)
Beneficiary's
information

1.1d.1
1.2a-i

1.3

Fee exemption
and/or
determination

Field Type

Instructional Text

Yes/No

Radio

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

Yes/No

Radio

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

Yes/No

Radio

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

The beneficiary's annual rate of pay is equal to
at least $60,000.
The beneficiary has a master's degree or higher
degree in a specialty related to the
employment.
Yes/No

Checkbox

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.
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.
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.

Does the petitioner employ 50 or more individuals in the
United States?
Are more than 50 percent of those employees in H-1B, L-1A, Yes/No
or L-1B nonimmigrant status?
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)
What is the beneficiary's major or primary field of study?

1.4

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

1.5
1.6

What is the DOT Code for the position?
What is the NAICS Code for the business?

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

2.2

2.3

2.4
2.5
Fee exemption
and/or
determination
page 2

[blue alert]
[always display]

2.6
2.7
2.8

[if yes to any
questions 2.1-2.8]
[blue alert]
2.9

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)?
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)?
Are you a nonprofit research organization or a governmental
research organization, as defined in 8 CFR
214.2(h)(19)(iii)(C)?
Is this the second or subsequent request for an extension of
stay that this petitioner has filed for this alien?
Is this an amended petition that does not contain any
request for extensions of stay?

Yes/No

Are you filing this petition to correct a USCIS error?
Is the petitioner a primary or secondary education
institution?
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/No

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

Revisions

Help Text

Alert

Required?

Notes

YES

Checkbox

Radio

YES

Radio

YES

Dropdown

Text

Checkbox
Currency

Text
Text

[blue alert]
[always display]

2.1

Sub-Question Revisions

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.
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.

Provide a 3-digit DOT code.
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.

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.

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

[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.

YES

Yes/No

YES

Yes/No

YES

Yes/No

YES

Yes/No

YES
[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.

Yes/No

YES
YES
YES

A petitioner seeking initial approval of H-1B nonimmigrant
status for a beneficiary, or seeking approval to employ an H1B nonimmigrant currently working for another employer,
must submit an additional $500 Fraud Prevention and
Detection fee.

A petitioner seeking initial approval of H-1B nonimmigrant
status for a beneficiary, or seeking approval to employ an H1B nonimmigrant currently working for another employer,
must submit an additional $500 Fraud Prevention and
Detection fee.

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

YES

For petitions filed on or after December 18, 2015, an
For petitions filed on or after December 18, 2015, an
additional fee of $4,000 must be submitted if the petitioner additional fee of $4,000 must be submitted if the petitioner
employs 50 or more individuals in the United States and if
employs 50 or more individuals in the United States and if
there are more than 50 percent of those employees in H-1B, L- there are more than 50 percent of those employees in H-1B, L1A, or L-1B nonimmigrant status. This $4,000 fee was
1A, or L-1B nonimmigrant status. This $4,000 fee was
mandated by the provisions of Public Law 114-113.
mandated by the provisions of Public Law 114-113.

[if yes to 2.9 - yellow
alert]
[if no to 2.9 - yellow
alert]

The Fraud Prevention and Detection Fee and Public Law 114113 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.

The Fraud Prevention and Detection Fee and Public Law 114113 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.
[yellow alert]
[b] You are required to pay an additional
ACWIA fee of $750 for this petition.
[yellow alert]
[b] You are required to pay an additional
ACWIA fee of $1,500 for this petition.

H-1B and H-1B1 Data Collection

H-1B AND H-1B1 DATA COLLECTION AND FILING FEE EXEMPTION SUPPLEMENT: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Numerical
limitation
information

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

Paper Form
Question

Question

Sub-Question

Sub-Question Revisions

Field Type

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

CAP H-1B U.S. Master's Degree or Higher
CAP H-1B1 Chile/Singapore
CAP Exempt

Cap H-1B U.S. Master's Degree or Higher
Cap H-1B1 Chile/Singapore
Cap Exempt

Radio
Radio
Radio
Text

Instructional Text

Revisions

Help Text

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

3.2b

When was the degree awarded?

3.2c

What is the type of United States degree?

Text

3.2d

What is the address of the United States institution of higher Address line 1
education?

Text

Street number and name

Address line 2
City or town
State
ZIP code
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).

Text
Text
Dropdown
Text
Checkbox

Apartment, suite, unit, or floor

(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).
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).
The petitioner is requesting an amendment to
or extension of stay for the beneficiary's current
H-1B classification.
The beneficiary of this petition is a J-1
nonimmigrant physician who has received a
waiver based on section 214(1) of the Act.
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

The petitioner is an employer subject to the
Guam-CNMI cap exemption pursuant to Public
Law 110-229.
Yes/No

Checkbox

(if 3.1 = CAP Exempt) 3.3a-3.3h

(if 3.1 = CAP Exempt)

(if 3.1 = CAP Exempt)

(if 3.1 = CAP Exempt)

(if 3.1 = CAP Exempt)

(if 3.1 = CAP Exempt)

Off-site
assignment

4.1
(If yes to 4.1)

4.2

(If yes to 4.1)

4.3

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

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?
Will the placement of the beneficiary off-site during the Yes/No
period of employment comply with the statutory and
regulatory requirements of the H-1B nonimmigrant
classification?
Will the beneficiary be paid the higher of the prevailing or Yes/No
actual wage in any and all off-site locations?

Required?

Notes

YES

3.2a

MM/DD/YYYY

Alert

Date

Provide a 5 or 9-digit ZIP code.

Checkbox

Checkbox

Checkbox

Checkbox

Radio
Radio

Radio

H-1B and H-1B1 Data Collection

ADDITIONAL INFORMATION: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Additional
Information

Additional information

Tertiary Nav

Conditional Logic

Paper Form Question

Question

Sub-Question

Field Type

Instructional Text

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.

Help Text

Alert

Required?

Notes

No

Large Table Pattern
Ghost Sub Nav

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

Additional Information

EVIDENCE: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Evidence

Certified labor condition application

Secondary Nav Revisions

Tertiary Nav

Conditional Logic

Paper Form

Paper Form Revisions

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

Evidence Title

Evidence Title Revisions

Field Type

Evidence Of Certified Labor
Condition Application

Upload

Field Type Revisions

Instructional Text

Instructional Text Revisions

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

Document type
Other

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.

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

Upload

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.

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.

Passport
Travel Document

H-1B Registration Selection Notice

An itinerary should be submitted if the beneficiary will be providing services at more than one location.
The itinerary should show the dates and places of assignment.

Itinerary schedule
Other

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 location 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.

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).

Other documents

Current and past workers

(if H-1B2)

Current And Past Workers

Upload

Upload a statement listing the names of foreign workers who are currently or have been employed over
the last year, along with their dates of employment.

Other

Evidence of degree

(if H-1B2)

Evidence Of Degree

Upload

Upload evidence that the beneficiary holds a bachelor's or higher degree or its equivalent in the field of
employment.

Foreign equivalent degree
Other

DOD verification letter

(if H-1B2)

Department Of Defense Verification
Letter

Upload

Upload a verification letter from the U.S. Department of Defense (DOD) project manager. Details
about the specific project are not required.

Verification letter
Other documents

Evidence of distinguished merit and ability

(if H-1B3)

Evidence Of Distinguished Merit
And Ability

Upload

Upload evidence such as certifications, affidavits, or reviews to establish the beneficiary is a fashion
model of distinguished merit and ability. Any affidavits submitted by the present or former employers or
recognized experts must set forth their expertise of the affiant and manner in which the affiant acquired
such information.

Evidence of distinguished merit and ability
Other

Maintenance of status

(if not consular notification:
2.4b, 2.4c, 2.4d, 2.4e, 2.4f)

Maintenance Of Status

Upload

Upload evidence of maintenance of status. You may submit copies of the beneficiary's last two pay
stubs, Form W-2, and other relevant evidence as well as a copy of the beneficiary's Form I-94,
Nonimmigrant Arrival/Departure Record, a valid passport, travel document, or a copy of Form I-797,
Notice of Action.

Form I-94
Valid passport
Travel documents
Form I-797
Pay stubs
W-2
Other

A beneficiary who must have a passport to be admitted generally must maintain a valid passport
during their entire stay.

Evidence of J-1 or J-2 status

Additional evidence

[if yes to question 4.11.a]

Document Type Revisions

Evidence Of J-1 Or J-2 Status

Upload

Upload evidence showing status as a J-1 exchange visitor or a J-2 dependent of a J-1 exchange visitor.
A copy of either Form 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.

Evidence of J-1 or J-2 status
Other

Additional Evidence You Want To
Provide

Upload

You can upload additional documents that support your petition or help explain any of your responses.

Other

File Requirements
• 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
• 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
• 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
• 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
• 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

• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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

File Requirements Revisions

Alerts

Required? Links

Notes

• 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

• 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

REVIEW AND SUBMIT: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Review and Submit

Review your petition

Tertiary Nav

Conditional Logic

Paper form question

Question

Sub-Question

Field Type

Check your petition before you submit

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

Help Text

Alert

Required?

CTA

Notes

Review my
petition

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 ${formType} as many times as you want before
you submit it.
Your form filing fee is: [$XXX]

Your fee

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

Alerts and warnings

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

Review the I-129 form information

Your petition summary

Next

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.

DOD project manager
statement

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

DOD Project Manager Statement and Signature

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

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

DOD project manager
signature
Preparer declaration

(If H-1B2 U.S. DOD Projects
Only)
(IF PREPARER)
8.5

DOD Project Manager's Signature Upload
Preparer's Declaration and Signature

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

Upload

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

Scan and upload the completed DOD Project Manager Signature page.
Your preparer must read and agree to the certification below.

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
Preparer signature
Petitioner’s or authorized
signatory’s declarations
and signature

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

[If H-1B, H-1B1, H-1B2, H1B3 classification]

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

8.5
6.1

Preparer's Signature Upload

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

H Classification
Supplement

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)

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.

Upload
Radio

Scan and upload the completed Preparer Signature page.

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 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.

Review & Submit

REVIEW AND SUBMIT: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav

Tertiary Nav

Conditional Logic

Paper form question

Question

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

Statement for H-1B Specialty Occupations and
U.S. Department of Defense (DOD) Projects

[If H-1B1]

Petitioner's Trade Agreement Supplement
declaration

Trade Agreement
Supplement

Sub-Question

Field Type

I have read and agree to the statement
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
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.

Checkbox

Instructional Text

Help Text

Alert

Required?

CTA

Notes

Checkbox

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.

7

Authorized Signatory’s Declaration and
Signature

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.
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.

Checkbox

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.

Pay and submit

(If user has checked all
7.2.a
checkboxes on Your
delcarations and signature
page)
(If Your declarations and
signature page is
complete)

Authorized Signatory’s Signature

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.

Pay for and submit your petition

Checkbox
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

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.
Y
t byou
it toll Pay.gov
f
i th— our safe,
t
t
We will send
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.

Finish and continue to I907

(If Your declaration and
signature page is
complete)

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

(Successful submission)
(No nav)
(Unsuccessful card
declined) (No nav)

Finish and
continue

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.

AND
(if petitioner concurrently
filed)

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.

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

You have successfully submitted your Petition for
a Nonimmigrant Worker (I-129)
You did not submit 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.
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.

Go to my
cases
Sign and
submit

Review & Submit

REVIEW AND SUBMIT: I-129
Column Header Descriptions
Primary Navigation: A section of the form that contains several pages.
Primary Nav

Secondary Nav
(Unsuccessful submission)
(No nav)

Tertiary Nav

Conditional Logic

Paper form question

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

Sub-Question

Field Type

Instructional Text
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.

Help Text

Alert

Required?

CTA

Notes

Sign and
submit

Review & Submit

WARNINGS, ALERTS, NOTICES, AND ERRORS:
Column Header Descriptions
Section: The primary nav where the alert can be found.
Section

Page

Type

Conditional Logic

Getting Started

Processing information

Blue alert

[If H-1B AND if yes to premium 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
processing]

Employment

Basic information

Yellow alert

[If date > 6 months away]

H-1B and H-1B1 Data
Fee exemption and/or
Collection and Filing Fee determination
Exemption Supplement

Blue alert

[always display]

Fee exemption and/or
determination page 2

Blue alert

[always display]

Message

Link

Notes

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.

[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.
[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

[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.
[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

[if no to 2.9]

[yellow alert]
[b] You are required to pay an additional ACWIA fee of $750 for this petition.
[b] You are required to pay an additional ACWIA fee of $1,500 for this petition.

Alerts


File Typeapplication/pdf
AuthorMicrosoft Office User
File Modified2024-01-19
File Created2024-01-19

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