Optional Checklist For Form I-129 H-2B Filings {M-1087}

Optional Checklist for Form I-129 H-2B Filings Department of Homeland Security U.S. Citizenship and Immigration Services This is an optional checklist to assist petitioners with filing H-2B petitions on Form I-129. Do not submit this checklist to USCIS. USCIS Form M-1087 Internal Form NOTE: This optional checklist is provided to assist H-2B petitioners in completing Form I-129. It is not a substitution for or alteration of statutory or regulatory requirements. USCIS recommends that you review the relevant statutory and regulatory requirements, as well as the appropriate form instructions, before completing and submitting Form I-129. Also note that the term "temporary labor certification" refers to U.S. Department of Labor's (DOL) ETA Form 9142, Temporary Employment Certification. However, if you are requesting to employ H-2B workers in Guam, this term applies to Guam Department of Labor's Form GDOL 750, Application for Temporary Labor Certification. General Petition Requirements A completed and properly signed USCIS Form I-129, Petition for a Nonimmigrant Worker. See www.uscis.gov for the most recent version of Form I-129 and its instructions. 1. Petitioners must provide their full names and addresses in Part 1 of Form I-129. The following are the only entities who may file Form I-129 with USCIS as H-2B petitioners: a. The employer listed on the temporary labor certification; or b. The employer's agent, as defined in USCIS regulations (8 CFR 214.2(h)(2)(i)(F)). 2. Only the petitioner (named in Part 1 of Form I-129) may sign Part 7 of the form. 3. Any person assisting the petitioner to prepare Form I-129 must sign Part 8 of Form I-129. NOTE: Those who do not meet the requirements of agent-petitioners, but solely assist a petitioner in filling out Form I-129, are considered "preparers." Preparers are not considered petitioners. Preparers' names and addresses should not be listed in Part 1 of Form I-129 except in limited circumstances when petitioners permit preparers to receive their correspondence (see General Petition Requirements, item number 4, on this checklist). 4. You may enter the name and address of the person collecting your mail, if any, in the "C/O: (In Care Of, if any)" field in response to Part 1 to ensure that you receive communications from USCIS. However, USCIS discourages the practice of entering another person's address for mailing purposes, to avoid the possibility of you not receiving communications from us. Petitioners must still provide their actual address in Part 1. 5. Except in cases described in section 2, you do not have to provide the names of all workers you request. You must provide the workers' names if you: a. Require workers with specific education, skills, licenses, or other requirements (as indicated on the temporary labor certification); b. Request workers who are already in the United States; or c. Request workers who are from countries which are not on the H-2 Eligible Countries List. See www.uscis.gov/h-2b for the current list and an explanation of the purpose of this list. A completed and properly signed H Classification Supplement to Form I-129. 1. Only the petitioner (named in Part 1 of Form I-129) can sign the H Classification Supplement in Section 2, Part A. 2. In some cases, an employer uses an agent who meets the requirements of an agent-petitioner to file Form I-129 on its behalf. In such a case, the employer (who is not the petitioner named in Part 1) must sign the H Classification Supplement in Section 2, Part B. The agent-petitioner must still sign Part A in this situation. Form M-1087 03/12/15 N Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com NOTE: Submitting a signed contract between an employer and the agent-petitioner does not replace the need for a signature from the employer in Part C of the H Classification Supplement. 3. Submit documentation to support any affirmative answers to item numbers 8 or 9 in Section 2 of the H Classification Supplement, regarding collection of prohibited fees from workers. USCIS encourages you to provide detailed answers to these items. Payment of the base petition fee, currently $325. Check current fees at www.uscis.gov/fees. Payment of the $150 fraud prevention and detection fee. Optional: If you are requesting premium processing, payment of the premium processing fee (currently $1,225) and completion of Form I-907, Request for Premium Processing Service. This is in addition to the $325 base petition and $150 fraud prevention and detection fees. An approved temporary labor certification. IMPORTANT: An H-2B petition based on a DOL-approved temporary labor certification must state an employment "From" date in Part 5, item number 11 of Form I-129 that is the same as the date of need stated on the certified temporary labor certification. This is not required if you are filing an amended petition due to unavailability of originally requested workers. For details regarding substitution of workers, please refer to the appropriate section on page 3 below. 1. Submit the original temporary labor certification. 2. If you are filing a subsequent petition using a temporary labor certification that was already submitted to USCIS in a previous petition, you should provide: a. A photocopy of the previously submitted temporary labor certification; b. The receipt number of the petition containing the original temporary labor certification; and c. A statement explaining why you were unable to submit the original temporary labor certification. Optional: A cover letter from the petitioner or employer on official letterhead describing: 1. The nature of the employer's business; 2. Any additional locations or mailing addresses used by the employer; 3. The duties to be performed in the position offered; 4. The nature of the employer's need for workers, including why the job is temporary, along with independent documentation to support the claimed need (Please note that in all cases H-2B petitioners must also provide a statement describing the temporary need for services in Section 2, Question 3 of the H Classification Supplement. Additional detail in an optional cover letter, however, may provide support for the statement of need.); and 5. The qualifications of the requested workers, if applicable. Form M-1087 03/12/15 N Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Additional Documentation to Show the Worker Qualifies for H-2B Employment You may file for more than one worker on a single petiti