The form I-129 is a form when the employers are looking to fill a specific position in the office by a foreign national with a work visa. It is also used as a form for changing the status of the foreign national who is already inside the United States and is currently not eligible to work. This petition is used to provide updates about the change in the non-immigrant visa, employment status which explains in detail about the terms of the responsibilities of the employee, title of the job, and also the salary details. This petition is only for potential employee candidates, not existing employees.
The actual petition is around 6 pages which formatted to gain knowledge about the employee details and explanation about the suitability of the position. Added to this, if there are any additional supplemental pages which needs to be used for the visa types it needs to be implemented.
It is the duty of the employer to fill out the Form I-129 form for the nonimmigrant worker to gain authorization for work. This is used as a permit for temporary employment of the skilled laborer. The employers are to use this form for any foreign national. Common visa categories which uses the I-129 form are the E-1, E-2, E-3, H-1B1, H-1C, H-3, H-2A visa or TN Visa. It can also be used to file for foreign nationals who have extraordinary ability and for assistants who are under the O-1 or O-2 visa times. It is also covered for the people who qualify for the P-1, P-2, P-3, Q-1 or R-1 Status.
Some of the important steps to complete the form are detailed in the following.
First and foremost, the parties filling the application needs to understand that the United States Citizenship and Immigration Services (USCIS) has the right to deny applications. Any errors in approved petitions can lead to complications at a later processing state.
The first of the form is around the petitioner information. In the first part of the application the information is required about the employer who is filling out the form. This includes details about the company, their work, details about workforce and the requirements for hiring a foreign national. The word beneficiary in the form is used to denote the foreign employee.
The second part is the information about the status of the foreign national. In cases where the foreign national is hired as a new employee then the USCIS needs to be notified as such. In cases where the employee is currently in the same job the, details about status extension needs to be detailed. Changes in the pay, duties, and title needs to be duly notified. If an employer wants to have another employee with the same status, they will need to file under concurrent employment. Finally, if it is about a change of employer, the employee is requesting a change to their employer to extend the current nonimmigrant status. The purpose of the Requested Action section is to tell the USCIS about what the petitioner is requesting.
The third part is about the beneficiary information. This includes information about the biographical information, employment history, and information about the particular location in United States in question. For the foreign national who have applied for the Green Card they will have an A-number. For others who have not applied this area can be left blank. The A-number is a number which will have a nine-digit alien registration number.
The final part is about the location of the nearest United States consulate. The other details about the beneficiary like an explanation for the particular status can be explained in this section. It is important to see where the signature of the applicant is requested and that needs to be duly filled in. Any errors can lead to larger complexities.
Some of the complexities or the issues which are involved in the form filling can lead to costly complications. It is important for the employers to understand the importance of specific data. Any errors in application usually leads to denials or more fees. There are continual changes in the visa requirements. This is more adeptly handled by lawyers who specialize in foreign worker visas. This is a good reason for the employers to obtain legal help.