Form I-129: Petition for a Nonimmigrant Worker

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.

Who is Eligible for Form I-129?

Form I-129 is an application for a temporary work visa for certain foreign nationals. To be eligible for Form I-129, individuals must qualify for an approved nonimmigrant classification. This includes categories such as H-1B (specialty occupation) visas, L-1 (intra-company transferee) visas, and O-1 (extraordinary ability) visas. Applicants must also demonstrate that their employment in the United States is temporary and that they intend to leave the country when their authorized stay ends.

What is the Latest Form I-129 Edition?

The latest edition of Form I-129 is the 06/26/17 edition.

What are the Required Documents for Form I-129?

The documents required for Form I-129 are:

1. A completed and signed Form I-129.
2. Evidence of the petitioner’s eligibility to file the petition, such as an employer identification number (EIN)
3. Evidence of the beneficiary’s identity, including a passport-style photograph
4. A copy of the beneficiary’s resume or curriculum vitae
5. Evidence of the beneficiary’s qualifications for the job (including education, training, and/or experience)
6. Proof that the job offered is a specialty occupation requiring an individual with a specialized body of knowledge
7. Evidence of the foreign worker’s legal right to work in the United States, if applicable
8. Payment of fees
9. A signed Labor Condition Application (formerly Form ETA 9035) or Labor Certification (Form ETA 9089)
10. Supporting documentation that describes the type of job, duties and responsibilities, and duration of employment
11. A statement from the petitioner describing how the beneficiary qualifies for the job

How to Submit Form I-129?

1. Gather the required supporting documents. Before submitting Form I-129, you must make sure that you have all of the necessary documents to accompany your application. These documents may include a copy of a valid passport, evidence of the petitioner’s ability to maintain the visa beneficiary, and evidence of an employer-employee relationship.

2. Fill out the form. Complete Form I-129 in its entirety and make sure that all of the information is correct and up-to-date. Include any additional information that may be required, such as a detailed description of the job duties of the visa beneficiary.

3. Submit the form and supporting documents to U.S. Citizenship and Immigration Services (USCIS). You may submit Form I-129 either by mail or online, depending on your individual circumstances. If you choose to mail your application, make sure that you include all supporting documentation and that your application is properly addressed to USCIS.

4. Pay the application fee. Once your application is received by USCIS, you may be required to pay an application fee in order to process the application. Depending on your individual circumstances, this fee may vary from $190 to $460 per visa beneficiary or applicant.

5. Follow up with USCIS regarding the status of your application. Once your Form I-129 is submitted, you can expect a response from USCIS within 2-14 weeks (depending on individual circumstances). If your application is approved, you will receive notification by mail or email. If it is denied, you may be able to appeal this decision.

What are the Filing Tips for Form I-129?

1. Read all instructions for Form I-129 carefully and make sure you understand all the requirements for filing.

2. Gather the necessary documents and evidence needed to submit with your I-129, including proof of petitioner’s ability to pay and evidence of the nature of the relationship.

3. File Form I-129 as early as possible, as it may take several months to process.

4. Provide complete and accurate information on your form and attach any necessary supporting documents.

5. File the form at the appropriate USCIS Lockbox facility, depending on your location. You can find the addresses for these facilities online.

6. Make sure you sign and date the form and include the filing fee or a fee waiver request if applicable.

7. It is recommended that you keep a copy of the I-129 and all documents submitted for your records.

Are There Special Instructions for Form I-129?

Yes, the instructions for Form I-129 are available on the USCIS website. They provide detailed instructions to help you complete the form and provide the necessary documents to support your application. The instructions also provide information on fees, processing times, and other important information. It is important to read and follow all the instructions carefully before submitting your form.

What is the Form I-129 Fee?

The Form I-129 fee is a filing fee charged by the U.S. Citizenship and Immigration Services (USCIS) for certain types of nonimmigrant visa petitions. The fee varies depending on the type of visa being sought, and current fees can be found on the USCIS website.

Can I Apply for Form I-129 Fee Waiver or Reduction?

Yes, you can apply for a Form I-129 fee waiver or reduction. The USCIS offers several fee waivers and reduced fees for certain types of applications. To be eligible for a fee waiver or reduction for Form I-129, you must meet one of the following criteria:

• You are a humanitarian benefit recipient;

• You are in an economically disadvantaged situation;

• You are receiving certain types of public assistance;

• You are a member of a recognized religious denomination with limited financial resources;

• You are serving in the U.S. armed forces; or

• Your petition or application is in the national interest.

To apply for a fee waiver or reduction, you must submit a fee waiver request along with Form I-129 and any required supporting documents. Be sure to include proof of your eligibility and any additional information requested by the USCIS in your application.

What is the Form I-129 Processing Time?

The processing time for a Form I-129 petition depends on the type of visa and the individual’s circumstances. Generally, it takes an average of three to four months to process a Form I-129 petition. However, the processing time can vary greatly depending on individual cases, USCIS’s workload, and other factors. It is important to note that USCIS does not guarantee any specific processing time. Therefore, it is important to file the petition as soon as possible to avoid any delays.

Form I-129 Frequently Asked Questions

1. What is Form I-129?

Form I-129 is an immigration form used by employers to petition for a foreign worker to work in the United States. It is used for nonimmigrant temporary workers, such as H-1B specialty occupations, H-2B seasonal workers, O-1 individuals with extraordinary ability, P-1 athletes and entertainers, and other types of nonimmigrant workers.

2. Who needs to fill out Form I-129?

Form I-129 must be completed by the employer who is petitioning for the foreign worker to work in the United States. The employer is also responsible for paying all fees associated with the filing of the form.

3. When should Form I-129 be filed?

Form I-129 should be filed as soon as possible after the employer has identified an individual they would like to hire as a foreign nonimmigrant worker. The form must be filed at least 45 days before the requested start date of employment.

4. How much does it cost to file Form I-129?

The cost for filing Form I-129 varies depending on the type of visa requested. Generally, the fee is $460 for H-1B and H-2B visas, $700 for O and P visas, and $325 for E visas.

5. What documents are needed to file Form I-129?

In addition to Form I-129, employers must submit a variety of supporting documents. These documents include evidence of the employer’s eligibility to hire foreign workers, proof of the worker’s qualifications, and proof of financial ability to pay the worker’s wages.