Overview of a Form I-129
The Purpose of Form I-129
Form I-129, Petition for a Nonimmigrant Worker, is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker.
Form I-129 may also be used by the petitioners to request an extension of stay or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for a foreign national.
Form I-129 consists of the:
1. Basic petition;
2. Individual supplements relating to specific classifications;
3. H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classifications only).
Who May File Form I-129
Form I-129 should be filled by one of the listed below enteties:
- a U.S. employer, if he/she hires a nonimmigrant worker to perform services or labor;
- a foreign employer, U.S. agent or association of U.S. agricultural employers.
Including more than one alien in a Form I-129
It is allowed to include multiple aliens on the same petition, IF:
- they seek admission in the next classifications: H-2A, H-2B, H-3, P-1, P-2, P-3, P-1S, P-2S, P-3S, O-2
- will be employed for the same period of time;
- will perform the same services, receive the same training, or participate in the same international cultural exchange program.
General Filing Instructions for a Form I-129
- each Form I-129 must be properly signed and filed;
- a photocopy of a signed Form I-129 or a typewritten name in place of a signature is not acceptable;
- each Form I-129 must be accompanied by the appropriate filing fees;
- all required initial evidence must be submitted along with all the supporting documentation with your Form I-129 at the time of filing;
- Biometrics Services Appointment for Certain Beneficiaries Who Will be Working in the CNMI (the petitioner will be informed by the USCIS when he/she needs to to his/her local USCIS Application Support Center (ASC) for his/her biometrics services appointment. NOTE: failure to attend the appointment may result in denial of your petition;
- if there are any additional documents which you need or want to submit together with your Form I-129, make sure they are all in English. In case, if the documents are in a foreign language, they must have a full certified English translation.
How to Fill Out Form I-129
- type or print legibly in black ink;
- complete the basic form and any relating supplements;
- If you need extra space to complete any item, go to Additional Information About Your Petition for
Nonimmigrant Worker, indicate the Page Number, Part Number, and Item Number to which your answer refers,
and date and sign each sheet; - answer all questions fully and accurately. If an item is not applicable or the answer is “none,” type or print “N/A”;
- submit a duplicate copy of the petition and all supporting documentation. Failure to do so may result in delays in processing this petition or in visa processing abroad.
Conclusion
The form I-129 is issued by the USCIS and allows a nonimmigrant worker to come to the US and perform services and labour for a certain period of time.
The form I-129 should be filed fully and accurately. All the documents in a foreign language should be translated into English and certified. Petition is pretty voluminous and might be difficult to fill, and often the petitioners hire the legal advisers.
On October 12, 2017, USCIS has changed the direct filing addresses fo petitioners of Form I-129, Petition for a Nonimmigrant Worker.
