I-129 Petition for Nonimmigrant Worker

I-129 Application Form

I-129 Petition for Nonimmigrant Worker

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Petitioner Information

Legal Name of Individual Petitioner

First

Middle

Last

Company or Organization Name

Mailing Address of Individual, Company or Organization

In Care Of Name

Street Number and Name

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City or Town

State

ZIP Code

Province

Postal Code

Country

Daytime Telephone Number

Mobile Telephone Number

Email Address (if any)

Federal Employer Identification Number (FEIN)

Are you a nonprofit organized as tax exempt or a governmental research organization?

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Individual IRS Tax Number

U.S. Social Security Number (if any)

Information About This Petition

Requested Nonimmigrant Classification

Basis for Classification

New employment
Continuation of previously approved employment without change with the same employer.
Change in previously approved employment.
New concurrent employment.
Change of employer.
Amended petition.

Provide the most recent petition/application receipt number for the beneficiary

Requested Action

Notify the office, so each beneficiary can obtain a visa or be admitted.
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"
Extend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status.
Amend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status.
Extend the status of a nonimmigrant classification based on a free trade agreement.
Change status to a nonimmigrant classification based on a free trade agreement.

Total number of workers included in this petition

Beneficiary Information

Type of Beneficiaries Requested

Named
Unnamed

If an Entertainment Group, Provide the Group Name

Provide Name of Beneficiary

First

Middle

Last

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Date of birth

Gender

Male
Female

U.S. Social Security Number (if any)

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Alien Registration Number (A-Number)

Country of Birth

Province of Birth

Country of Citizenship or Nationality

If the beneficiary is in the United States, complete the following

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Date of Last Arrival

I-94 Arrival-Departure Record Number

Passport or Travel Document Number

Date Passport or Travel Document Issued

Date Passport or Travel Document Expires

Passport or Travel Document Country of Issuance

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Current Nonimmigrant Status

Date Status Expires or D/S

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

Employment Authorization Document (EAD) Number (if any)

Current Residential U.S. Address

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Street Number and Name

City or Town

State

ZIP Code

Processing Information

Type of Office

Consulate
Pre-flight inspection
Port of Entry

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Office Address (City)

U.S. State or Foreign Country

Beneficiary's Foreign Address

Street Number and Name

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City or Town

State

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Province

Postal Code

Country

Does each person in this petition have a valid passport?

Are you filing any other petitions with this one

Are you filing any applications for dependents with this petition

Is any beneficiary in this petition in removal proceedings

Have you ever filed an immigrant petition for any beneficiary in this petition

Have you ever previously filed a nonimmigrant petition for this beneficiary

If you are filing for an entertainment group, has any beneficiary in this petition not been with the group for at least one year

Basic Information About the Proposed Employment and Employer

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Job Title

LCA or ETA Case Number

Street Number and Name

City or Town

State

ZIP Code

Did you include an itinerary with the petition

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

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

Is this a full-time position?

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

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Wages ($)

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

Other Compensation (Explain)

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Dates of intended employment

From

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Type of Business

Year Established

Current Number of Employees in the United States

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?

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Gross Annual Income

Net Annual Income

Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States

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

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

Declaration, Signature, and Contact Information of Petitioner or Authorized Signatory

Copies of any documents submitted are exact photocopies of unaltered, original documents, and I understand that, as the petitioner, I may be required to submit original documents to U.S. Citizenship and Immigration Services (USCIS) at a later date.

I authorize the release of any information from my records, or from the petitioning organization's records that USCIS needs to determine eligibility for the immigration benefit sought. I recognize the authority of USCIS to conduct audits of this petition using publicly available open source information. I also recognize that any supporting evidence submitted in support of this petition may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.

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

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

Name and Title of Authorized Signatory

First

Middle

Last

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Daytime Telephone Number

Email Address (if any)

Declaration, Signature, and Contact Information of Person Preparing Form, If Other Than Petitioner

Name

First

Middle

Last

Preparer's Business or Organization Name (if any)

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Street Number and Name

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City or Town

State

ZIP Code

Province

Postal Code

Country

Daytime Telephone Number

Fax Number

Email Address (if any)

Additional Information About Your Petition For Nonimmigrant Worker

A-Number

Name of the Petitioner

Name of the Beneficiary

First

Middle

Last

Classification sought

Treaty Trader
Treaty Investor
CNMI Investor

Name of country signatory to treaty with the United States

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

Information About the Employer Outside the United States (if any)

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Employer's Name

Total Number of Employees

Street Number and Name

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City or Town

State

ZIP Code

Province

Postal Code

Country

Principal Product, Merchandise or Service

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

Additional Information About the U.S. Employer

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Place of Incorporation or Establishment in the United States

Date of incorporation or establishment

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Assets

Net Worth

Net Annual Income

Complete If Filing for an Treaty Trader

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

For Year Ending

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

Complete If Filing for an E-2 Treaty Investor

Total Investment

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Cash

Equipment

Other

Inventory

Premises

Total

Name of the Petitioner

Name of the Beneficiary

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Employer is a

U.S. Employer
Foreign Employer

If Foreign Employer, Name the Foreign Country

Information About Requested Extension or Change

This is a request for Free Trade status based on

Petitioner's Declaration, Signature, and Contact Information

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

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

Name

First

Middle

Last

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Daytime Telephone Number

Mobile Telephone Number

Email Address (if any)

Declaration, Signature, and Contact Information of Person Preparing Form, If Other Than Petitioner

Name of Preparer

First

Last

Preparer's Business or Organization Name (if any)

Street Number and Name

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City or Town

State

ZIP Code

Province

Postal Code

Country

Daytime Telephone Number

Fax Number

Email Address (if any)

Classification sought

H-1B Specialty Occupation
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
H-2A Agricultural worker
H-2B Non-agricultural worker
H-3 Trainee
H-3 Special education exchange visitor program

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

Are you requesting a change of employer and was the beneficiary previously subject to the Guam-CNMI cap exemption under Public Law 110-229

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

Explanation

Complete This Section If Filing for H-1B Classification

Describe the proposed duties

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

Statement for H-1B U.S. Department of Defense Projects Only

I certify that the beneficiary will be working on a cooperative research and development project or a co-production project under a reciprocal government-to-government agreement administered by the U.S. Department of Defense.

Employment is

Seasonal
Peak load
Intermittent
One-time occurrenc

Temporary need is

Unpredictable
Periodic
Recurrent annually

Explain your temporary need for the workers' services

General Information

Is the petitioner an H-1B dependent employer

Has the petitioner ever been found to be a willful violator

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

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

Is it because the beneficiary has a master's degree or higher degree in a specialty related to the employment?

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

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)

Major/Primary Field of Study

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Rate of Pay Per Year

DOT Code

NAICS Code

Fee Exemption and/or Determination

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 beneficiary?

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

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

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?

Numerical Limitation Information

Specify the type of H-1B petition you are filing

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

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

Name of the United States Institution of Higher Education

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Date Degree Awarded

Type of United States Degree

Address of the United States institution of higher education

Street Number and Name

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City or Town

State

ZIP Code

Off-Site Assignment of H-1B Beneficiaries

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

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

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

Name of the Petitioner

Name of the Beneficiary

This petition is

An individual petition
A blanket petition

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

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

Complete This Section If Filing For An Individual Petition

Name of Employer Abroad

Street Number and Name

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City or Town

State

ZIP Code

Province

Postal Code

Country

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

Describe the beneficiary's proposed duties in the United States

Summarize the beneficiary's education and work experience

Complete This Section if Filing for O or P Classification

Name of the Petitioner

Provide the total number of beneficiaries

Explain the nature of the event

Describe the duties to be performed

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

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

Does an appropriate labor organization exist for the petition

Is the required consultation or written advisory opinion being submitted with this petition