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Petition For A Nonimmigrant Worker (Instructions) I-129 - Official Federal Forms
| Petition For A Nonimmigrant Worker (Instructions) Form. This is a national form and can be used in US Citizenship And Immigration Services . |
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OMB No. 1615-0009; Expires 10/31/2013 Department of Homeland Security U.S. Citizenship and Immigration Services Instructions for Form I-129, Petition for a Nonimmigrant Worker Instructions NOTE: You may file Form I-129 electronically. Go to our Internet Web site at www.uscis.gov and follow the detailed instructions on e-filing. Read these instructions carefully to properly complete this form. If you need more space to complete an answer, go to Part 9 and indicate the question number of the item to which the answer refers. Table of Contents I. Instructions for Form I-129 General Information Part 1. Petition Always Required E-2 CNMI Classification H Classifications H-1B Data Collection L Classification O and P Classifications Q-1 Classification R-1 Classification Part 2. Petition Only Required for an Alien in the United States to Change Status or Extend Stay E Classifications (not including E-2 CNMI) Free Trade Nonimmigrant Classifications (H-1B1 and TNs) General Evidence When to File? Where to File? What is the Filing Fee? Processing Information, Penalties, Privacy Act Notice, USCIS Information and Forms, and Paperwork Reduction Act II. Petition for a Nonimmigrant Worker (Form I-129) E-1/E-2 Classification Supplement Trade Agreement Supplement H Classification Supplement H-1B Data Collection and Filing Fee Exemption Supplement L Classification Supplement O and P Classifications Supplement Q-1 Classification Supplement R-1 Classification Supplement Attachment - 1 (Used when more than one alien is included on form) Page 1 4 4 5 7 10 11 14 15 What Is the Purpose of This Form? This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien beneficiary to come as a nonimmigrant to the United States temporarily to perform services or labor, or to receive training. Form I-129 consists of the: 1. Basic petition; 2. Individual supplements relating to specific classifications; and 3. H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B classifications only). These instructions are divided into two parts: 16 16 17 18 18 19 22 PART 1: Classifications that always require a petition: E-2 CNMI, treaty investor exclusively in the Commonwealth of the Northern Mariana Islands (CNMI). H-1B, specialty occupations; an alien coming to perform services of an exceptional nature relating to a project administered by the U.S. Department of Defense, or a fashion model who has national and international acclaim. H-1C, registered nurse. H-2A, temporary agricultural worker. 22 1 8 10 11 17 20 24 26 27 33 H-2B, temporary nonagricultural worker. H-3, trainee. L-1, intracompany transferee. O-1, alien of extraordinary ability in arts, science, education, business, or athletics. O-2, accompanying alien who is coming to the United States to assist in the artistic or athletic performance of an O-1 artist or athlete. P-1, major league sports. P-1, internationally recognized athlete/entertainment group. P-1S, essential support personnel for a P-1. P-2, artist/entertainer in reciprocal exchange program. P-2S, essential support personnel for a P-2. Form I-129 Instructions (10/07/11) Y American LegalNet, Inc. www.FormsWorkFlow.com P-3, artist/entertainer coming to the United States to perform, teach, or coach under a program that is culturally unique. P-3S, essential support personnel for a P-3. Q-1, alien coming temporarily to participate in an international cultural exchange program. R-1, religious worker. 2. They will all perform the same services, receive the same training, or participate in the same international cultural exchange program. Exception: H-2A and H-2B petitions for workers from countries not listed on the respective "Eligible Countries List" should be filed separately. See www.uscis.gov for the list of H-2A and H-2B participating countries. Multiple locations. A petition for alien(s) to perform PART 2: Classification that requires a petition only if the beneficiary is already in the United States and requesting an extension of stay or change of status: E-1, treaty trader. E-2, treaty investor (not including E-2 CNMI treaty investors). E-3, Free Trade Agreement professionals from Australia. Free Trade Nonimmigrants, H-1B1 aliens from Chile or Singapore and TN aliens from Canada or Mexico. NOTE: A petition must always be filed for an E-2 CNMI investor classification. services or labor or receive training in more than one location must include an itinerary with the dates and locations where the services or training will take place. Naming beneficiaries. All beneficiaries in a petition must be named except for an H-2A agricultural worker or an H-2B temporary nonagricultural worker. Exceptions: You must provide the name, date of birth, country of birth, and country of nationality of all H-2A and H-2B workers when: (1) the petition is filed for a worker who is a national of a country not designated by the Secretary of Homeland Security as eligible to participate in the H-2A or H-2B program, or (2) the beneficiary is in the United States. In addition, USCIS may require the petitioner to name H-2B beneficiaries where the name is needed to establish eligibility for H-2B nonimmigrant status. Where some or all of the beneficiaries are not named, specify the total number of unnamed beneficiaries and total number of beneficiaries in the petition. Who May File This Form I-129? General. A U.S. employer may file this form and applicable supplements to classify an alien in any nonimmigrant classification listed in Part 1 and Part 2 of these instructions. A foreign employer 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 for types of workers who are traditionally selfemployed or who traditionally use an agent to arrange shortterm employment with numerous employers. 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. General Filing Instructions 1. Complete the basic for
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