Current Page Number and
Section
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Current Text
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Proposed
Text
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Page 2,
Part 2. Information
About This Petition (See
instructions for fee information)
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[Page 2]
Part 2. Information About This
Petition
1. Requested Nonimmigrant
Classification (Write classification symbol):
2. Basis for Classification
(select only one box):
…
4. Requested Action (select
only one box):
a. Notify the office in Part
4. so each beneficiary can obtain a visa or be admitted.
(NOTE: A petition is not required for E-1, E-2, E-3, H-1B1
Chile/Singapore, or TN visa beneficiaries.)
b. Change the status and
extend the stay of each beneficiary because the beneficiary(ies)
is/are now in the United States in another status (see
instructions for limitations). This is available only when you
check "New Employment" in Item Number 2., above.
c. Extend the stay of each
beneficiary because the beneficiary(ies) now hold(s) this status.
d. Amend the stay of each
beneficiary because the beneficiary(ies) now hold(s) this status.
e. Extend the status of a
nonimmigrant classification based on a free trade agreement.
…
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Part 2. Information About This
Petition
1. Requested Nonimmigrant
Classification (Write classification symbol):
[no change]
…
4. Requested Action (select
only one box):
[no change]
d.
Amend the stay of each beneficiary because the
beneficiary(ies) now hold(s) this status and
is/are not seeking additional time from their current authorized
period of stay.
[no change]
…
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Pages 2-3,
Part 3. Beneficiary
Information (Information
about the beneficiary/beneficiaries you are filing for. Complete
the blocks below. Use the Attachment-1 sheet to name each
beneficiary included in this petition.)
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[Page 2]
Part 3. Beneficiary Information
(Information about the beneficiary/beneficiaries you are filing
for. Complete the blocks below. Use the Attachment-1 sheet to
name each beneficiary included in this petition.)
1. Type of Beneficiaries
Requested (select only one box)
Named
Unnamed (for H-2A or H-2B petitions
only)
…
6. If the beneficiary is
in the United States, complete the following:
Date of Last Arrival (mm/dd/yyyy)
I-94 Arrival-Departure Record Number
Passport or Travel Document Number
Date Passport or Travel Document
Issued (mm/dd/yyyy)
Date Passport or Travel Document
Expires (mm/dd/yyyy)
Passport or Travel Document Country
of Issuance
Current Nonimmigrant Status
Date Status Expires or D/S
(mm/dd/yyyy)
Student and Exchange Visitor
Information System (SEVIS) Number (if any)
Employment Authorization Document
(EAD) Number (if any)
7. Current Residential
U.S. Address (if applicable) (do not list a P.O. Box)
Street Number and Name
Apt./Ste./Flr. Number
City or Town
State
ZIP Code
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Part 3. Beneficiary Information
(Information about the beneficiary/beneficiaries you are filing
for. Complete the blocks below. Use the Attachment-1 sheet to
name each beneficiary included in this petition.)
[no change]
…
6. If the beneficiary is
in the United States, complete the following:
Date of Last Arrival (mm/dd/yyyy)
I-94 Arrival-Departure Record Number
Passport or Travel Document Number
Date Passport or Travel Document
Issued (mm/dd/yyyy)
Date Passport or Travel Document
Expires (mm/dd/yyyy)
Passport or Travel Document Country
of Issuance
Current Nonimmigrant Status
Date Status Expires (mm/dd/yyyy)
or D/S
Student
and Exchange Visitor Information System (SEVIS) Number (if any)
Employment Authorization Document
(EAD) Number (if any)
[no change]
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Pages 4-5,
Part 5. Basic
Information About the Proposed Employment and Employer
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[Page 4]
Part 5. Basic Information About
the Proposed Employment and Employer
Attach the Form I-129 supplement
relevant to the classification of the worker(s) you are
requesting.
1. Job Title
2. LCA or ETA Case Number
[Page 5]
3. Address where the
beneficiary(ies) will work if different from address in Part 1.
Street Number and Name
Apt./Ste./Flr. Number
City or Town
State
ZIP Code
4. Did you include an
itinerary with the petition?
Yes
No
5. Will the beneficiary(ies)
work for you off-site at another company or organization's
location?
Yes
No
6. Will the beneficiary(ies)
work exclusively in the Commonwealth of the Northern Mariana
Islands (CNMI)?
Yes
No
7. Is this a full-time
position?
Yes
No
8. If the answer to Item
Number 7. is no, how many hours per week for the position?
9. Wages:
$
per (Specify hour, week, month, or
year)
10. Other Compensation
(Explain)
11. Dates of intended
employment
From: (mm/dd/yyyy)
To: (mm/dd/yyyy)
12. Type of Business
13. Year Established
14. Current Number of
Employees in the United States
15. Do you currently employ a
total of 25 or fewer full-time equivalent employees in the United
States, including all affiliates or subsidiaries of this
company/organization?
Yes
No
16. Gross Annual Income
17. Net Annual Income
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Part 5. Basic Information About
the Proposed Employment and Employer
Attach the Form I-129 supplement
relevant to the classification of the worker(s) you are
requesting.
1. Job Title
2. LCA or ETA Case Number
3. Address(es)
where the beneficiary(ies) will work if different from address in
Part 1. If you need to provide more
than two additional addresses, use Part
9. Additional Information.
Address 1
Street Number and Name
Apt./Ste./Flr. Number
City or Town
State
ZIP Code
Is this a
third-party location?
Yes
No
If you
answered “Yes,” provide the name of the third-party
organization.
Address 2
Street Number
and Name
Apt./Ste./Flr.
Number
City or Town
State
ZIP Code
Is this a
third-party location?
Yes
No
If you
answered “Yes,” provide the name of the third-party
organization.
4. Did you include an
itinerary with the petition?
Yes
No
[no change]
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Page 11, Section 2.
Petitioner’s Declaration, Signature, and Contract
Information (Read
the information on penalties in the instructions before completing
this section.)
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[Page 11]
Section 2. Petitioner's
Declaration, Signature, and Contact Information (Read the
information on penalties in the instructions before completing
this section.)
Copies of any documents submitted
are exact photocopies of unaltered, original documents, and I
understand that, as the petitioner, I may be required to submit
original documents to U.S. Citizenship and Immigration Services
(USCIS) at a later date.
…
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Section 2. Petitioner's
Declaration, Signature, and Contact Information (Read the
information on penalties in the instructions before completing
this section.)
[no change]
…
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Page 13-14,
H Classification
Supplement to Form I-129
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[Page 13]
H Classification Supplement to
Form I-129
1. Name of the Petitioner
Name of the beneficiary or if this
petition includes multiple beneficiaries, the total number of
beneficiaries
…
8.a. Does any beneficiary in
this petition have ownership interest in the petitioning
organization?
Yes
No
If yes, please explain in Item
Number 8.b.
8.b. Explanation
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H Classification Supplement to
Form I-129
[no change]
…
8.a. Does any beneficiary in
this petition have a controlling
interest in the petitioning
organization, meaning the beneficiary owns
more than 50 percent of the petitioner or has majority voting
rights in the petitioner?
Yes. If “Yes,” please
explain in Item Number 8.b.
No
[no change]
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Pages 14-15,
Section 1. Complete
This Section If Filing for H-1B Classification
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[Page 14]
Section 1. Complete This
Section If Filing for H-1B Classification
1. Describe the proposed
duties.
2. Describe the beneficiary's
present occupation and summary of prior work experience.
Statement for H-1B Specialty
Occupations and H-1B1 Chile and Singapore
By filing this petition, I agree to,
and will abide by, the terms of the labor condition application
(LCA) for the duration of the beneficiary's authorized period of
stay for H-1B employment. I certify that I will maintain a valid
employer-employee relationship with the beneficiary at all times.
If the beneficiary is assigned to a position in a new location, I
will obtain and post an LCA for that site prior to reassignment.
I further understand that I cannot
charge the beneficiary the ACWIA fee, and that any other required
reimbursement will be considered an offset against wages and
benefits paid relative to the LCA.
Signature of Petitioner
…
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Section 1. Complete This
Section If Filing for H-1B Classification
1. Describe the proposed
duties.
2. Describe the beneficiary's
present occupation and summary of prior work experience.
Statement for H-1B Specialty
Occupations and H-1B1 Chile and Singapore
By filing this petition, I agree to,
and will abide by, the terms of the labor condition application
(LCA) and the petition for the
duration of the beneficiary's authorized period of stay for H-1B
or H-1B1 employment.
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.
By filing this
petition, I agree to the conditions of H-1B or H-1B1 employment
and agree to fully cooperate with any compliance review,
evaluation, verification, or inspection conducted by USCIS. I
understand that USCIS access to the petitioning organization’s
headquarters, satellite locations, or the location where the
beneficiary works or will work, including third-party worksites,
is vital for the purpose of determining compliance with H-1B or
H-1B1 requirements. I understand that USCIS’ inability to
verify facts, including due to the failure or refusal of the
petitioner or third party to cooperate in an inspection or other
compliance review, may result in denial or revocation of the
approval of this petition or any H-1B
petition for H-1B workers performing services at the location or
locations that are a subject of inspection or compliance review,
including any third-party worksites.
Signature of Petitioner
…
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Pages 15-18,
Section 2. Complete
This Section If Filing for H-2A or H-2B Classification
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[Page 15]
Section 2. Complete This Section
If Filing for H-2A or H-2B Classification
1. Employment is: (select
only one box)
a. Seasonal
b. Peak load
c. Intermittent
d. One-time occurrence
2. Temporary need is:
(select only one box)
a. Unpredictable
b. Periodic
…
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Section 2. Complete This Section
If Filing for H-2A or H-2B Classification
1. Employment is: (select
only one box)
a. Seasonal
b. Peak load
c. Intermittent
d. One-time occurrence
2. Temporary need is: (select
only one box)
a. Unpredictable
[no change]
…
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Pages 19-20,
Section 2. Fee
Exemption and/or Determination
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[Page 19]
Section 2. Fee Exemption and/or
Determination
In order for USCIS to determine if
you must pay the additional $1,500 or $750 American
Competitiveness and Workforce Improvement Act (ACWIA) fee, answer
all of the following questions:
…
9. Do you currently employ a
total of 25 or fewer full-time equivalent employees in the United
States, including all affiliates or subsidiaries of this
company/organization?
Yes
No
If you answered yes, to Item
Number 9. above, you are required to pay an additional ACWIA
fee of $750. If you answered no, then you are required to
pay an additional ACWIA fee of $1,500.
NOTE: A petitioner seeking
initial approval of H-1B nonimmigrant status for a beneficiary, or
seeking approval to employ an H-1B nonimmigrant currently working
for another employer, must submit an additional $500 Fraud
Prevention and Detection fee. For petitions filed on or after
December 18, 2015, an additional fee of $4,000 must be
submitted if you responded yes to Item Numbers 1.d. and
1.d.1. of Section 1. of this supplement. This $4,000
fee was mandated by the provisions of Public Law 114-113.
The Fraud Prevention and Detection
Fee and Public Law 114-113 fee do not apply to H-1B1 petitions.
These fees, when applicable, may not be waived. You must include
payment of the fees when you submit this form. Failure to submit
the fees when required will result in rejection or denial of your
submission. Each of these fees should be paid by separate checks
or money orders.
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Section 2. Fee Exemption and/or
Determination
[no change]
…
9. Do you currently employ a
total of 25 or fewer full-time equivalent employees in the United
States, including all affiliates or subsidiaries of this
company/organization?
Yes
No
If you answered yes, to Item
Number 9. above, you are required to pay an additional ACWIA
fee of $750. If you answered no, then you are required to
pay an additional ACWIA fee of $1,500.
NOTE: A petitioner seeking
initial approval of H-1B nonimmigrant status for a beneficiary, or
seeking approval to employ an H-1B nonimmigrant currently working
for another employer, must submit an additional $500 Fraud
Prevention and Detection fee. An additional
fee of $4,000 must be submitted if you responded yes to
Item Numbers 1.d. and 1.d.1. of Section 1. of
this supplement. This $4,000 fee was mandated by the
provisions of Public Law 114-113.
[no change]
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Pages 20-21,
Section 3. Numerical
Limitation Information
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[Page 20]
Section 3. Numerical Limitation
Information
1. Specify the type of H-1B
petition you are filing. (select only one box):
…
[Page 21]
3. If you answered Item
Number 1.d. "CAP Exempt," you must specify
the reason(s) this petition is exempt from the numerical
limitation for H-1B classification:
a. The petitioner is an
institution of higher education as defined in section 101(a) of
the Higher Education Act, of 1965, 20 U.S.C. 1001(a).
b. The petitioner is a
nonprofit entity related to or affiliated with an institution of
higher education as defined in 8 CFR 214.2(h)(8)(ii)(F)(2).
c. The petitioner is a
nonprofit research organization or a governmental research
organization as defined in 8 CFR 214.2(h)(8)(ii)(F)(3).
d. The beneficiary will be
employed at a qualifying cap exempt institution, organization or
entity pursuant to 8 CFR 214.2(h)(8)(ii)(F)(4).
e. The petitioner is
requesting an amendment to or extension of stay for the
beneficiary's current H-1B classification.
f. The beneficiary of this
petition is a J-1 nonimmigrant physician who has received a waiver
based on section 214(l) of the Act.
g. The beneficiary of this
petition has been counted against the cap and (1) is applying for
the remaining portion of the 6 year period of admission, or (2) is
seeking an extension beyond the 6-year limitation based upon
sections 104(c) or 106(a) of the American Competitiveness in the
Twenty-First Century Act (AC21).
h. The petitioner is an
employer subject to the Guam-CNMI cap exemption pursuant to Public
Law 110-229.
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Section 3. Numerical Limitation
Information
[no change]
…
3. If you answered Item
Number 1.d. "CAP Exempt," you must specify
the reason(s) this petition is exempt from the numerical
limitation for H-1B classification:
a. The petitioner is an
institution of higher education as defined in section 101(a) of
the Higher Education Act of 1965, 20
U.S.C. 1001(a).
b. The petitioner is a
nonprofit entity related to or affiliated with an institution of
higher education as defined in 8 CFR 214.2(h)(8)(iii)(F)(2).
c. The petitioner is a
nonprofit research organization or a governmental research
organization as defined in 8 CFR 214.2(h)(8)(iii)(F)(3).
d. The beneficiary will be
employed at a qualifying cap exempt institution, organization,
or entity pursuant to 8 CFR 214.2(h)(8)(iii)(F)(4).
e. The beneficiary
is currently employed at a cap-exempt institution, organization,
or entity, and the petitioner seeks to concurrently employ the
H-1B beneficiary.
f. The beneficiary of this
petition is a J-1 nonimmigrant physician who has received a waiver
based on section 214(l) of the Act.
g. The beneficiary of this
petition has been counted against the cap and (1) is
applying for the remaining portion of the 6 year period of
admission, (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), or
(3) is seeking an amendment to a
petition that was part of the beneficiary’s 6-year period of
admission or an extension beyond the 6-year limitation based upon
sections 104(c) or 106(a) of AC21.
[no change]
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Page 35, Attachment-1 to
Form I-129 when more than one person is included in the petition.
(List each
person separately. Do not include the person you named on the
Form I-129.)
|
[Page 35]
Attachment-1 Attach to Form I-129
when more than one person is included in the petition. (List
each person separately. Do not include the person you named on
the Form I-129.)
Family Name (Last Name)
Given Name (First Name)
Middle Name
…
IF IN THE UNITED STATES:
Date of Last Arrival (mm/dd/yyyy)
I-94 Arrival-Departure Record Number
Passport or Travel Document Number
Date Passport or Travel Document
Issued (mm/dd/yyyy)
Date Passport or Travel Document
Expires (mm/dd/yyyy)
Country of Issuance for Passport or
Travel Document
Current Nonimmigrant Status
Date Status Expires or D/S
(mm/dd/yyyy)
Student and Exchange Visitor
Information System (SEVIS) Number (if any)
Employment Authorization Document (EAD) Number (if any)
|
Attachment-1 Attach to Form I-129
when more than one person is included in the petition. (List
each person separately. Do not include the person you named on
the Form I-129.)
[no change]
…
IF IN THE UNITED STATES:
Date of Last Arrival (mm/dd/yyyy)
I-94 Arrival-Departure Record Number
Passport or Travel Document Number
Date Passport or Travel Document
Issued (mm/dd/yyyy)
Date Passport or Travel Document
Expires (mm/dd/yyyy)
Country of Issuance for Passport or
Travel Document
Current Nonimmigrant Status
Date Status Expires (mm/dd/yyyy)
or D/S
Student and Exchange Visitor
Information System (SEVIS) Number (if any)
Employment Authorization Document (EAD) Number (if any)
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Page 36, Attachment-1 to
Form I-129 when more than one person is included in the petition.
(List each
person separately. Do not include the person you named on the
Form I-129.)
|
[Page 36]
Attachment-1 Attach to Form I-129
when more than one person is included in the petition. (List
each person separately. Do not include the person you named on
the Form I-129.)
Family Name (Last Name)
Given Name (First Name)
Middle Name
…
IF IN THE UNITED STATES:
Date of Last Arrival (mm/dd/yyyy)
I-94 Arrival-Departure Record Number
Passport or Travel Document Number
Date Passport or Travel Document
Issued (mm/dd/yyyy)
Date Passport or Travel Document
Expires (mm/dd/yyyy)
Country of Issuance for Passport or
Travel Document
Current Nonimmigrant Status
Date Status Expires or D/S
(mm/dd/yyyy)
Student and Exchange Visitor
Information System (SEVIS) Number (if any)
Employment Authorization Document
(EAD) Number (if any)
|
Attachment-1 Attach to Form I-129
when more than one person is included in the petition. (List
each person separately. Do not include the person you named on
the Form I-129.)
[no change]
…
IF IN THE UNITED STATES:
Date of Last Arrival (mm/dd/yyyy)
I-94 Arrival-Departure Record Number
Passport or Travel Document Number
Date Passport or Travel Document
Issued (mm/dd/yyyy)
Date Passport or Travel Document
Expires (mm/dd/yyyy)
Country of Issuance for Passport or
Travel Document
Current Nonimmigrant Status
Date Status Expires (mm/dd/yyyy)
or D/S
Student and Exchange Visitor
Information System (SEVIS) Number (if any)
Employment Authorization Document (EAD) Number (if any)
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