What is a Form I-129S?
Form I-129S is a form used by employers to petition for a nonimmigrant worker who is transferring an existing nonimmigrant status within the same company. It is used to apply for the change of job or the extension of stay for a temporary worker in the United States. The form is filed with U.S. Citizenship and Immigration Services (USCIS).
Who is Eligible for Form I-129S?
Form I-129S is an application for a Nonimmigrant Worker Visa. To be eligible to file Form I-129S, the applicant must be a foreign worker seeking to enter the United States for temporary employment in a specialty occupation. The job must require the individual to have a highly specialized set of skills or knowledge and the applicant must possess the necessary qualifications for that job. Additionally, the employer must possess a valid approved labor condition application (LCA) from the U.S. Department of Labor in order to petition for the foreign worker.
What is the Latest Form I-129S Edition?
The latest edition of Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, is Edition Date 12/23/19.
What are the Required Documents for Form I-129S?
1. A valid passport
2. An employment verification letter from your current job showing your role and duration of employment.
3. Evidence of inter-company transfer, such as a contract between the two companies or a detailed job description from both your current and future employer.
4. A comprehensive business plan demonstrating the ability of the U.S. business to support the employee’s role in the company.
5. Evidence of ownership or control of the foreign business, such as corporate registration documents or title deeds.
6. Evidence demonstrating your ability to manage the U.S. business, such as prior executive or managerial experience or an educational degree in a related field.
7. Evidence demonstrating that the managerial or executive position you are transferring into requires an L-1 visa, such as job descriptions, organizational charts, and corporate documents outlining the company’s structure and purpose.
8. A copy of your most recent federal income tax return, if applicable.
9. A copy of the L-1 visa petition fee receipt (Form I-129).
How to Submit Form I-129S?
To submit Form I-129S, the foreign national must submit the form (along with any applicable supporting documents) to the USCIS office or U.S. Embassy where their petition for nonimmigrant worker status is approved or pending.
When submitting the form, the foreign national must include a copy of their original petition approval notice and ensure that all necessary fields are completed. Additionally, when mailing Form I-129S, the foreign national must include a signed and dated transmittal letter that includes their name and contact information, as well as the reason for submitting the form.
For assistance in filling out and submitting Form I-129S, it is recommended to consult an immigration attorney or other qualified adviser.
What are the Filing Tips for Form I-129S?
1. Make sure to fill out all the required information on Form I-129S.
2. Make sure to include all the required documents with your application, such as a copy of your passport and other immigration forms.
3. Make sure to double check all the information you provide on the form, such as spelling and dates.
4. Make sure you submit the correct filing fee amount with your application.
5. File your application in a timely manner.
6. Keep copies of all the paperwork you submit for your records.
7. If you have any questions or concerns about the form or process, contact United States Citizenship and Immigration Services (USCIS) for assistance.
Are There Special Instructions for Form I-129S?
Yes, there are special instructions for Form I-129S. The form must be completed in its entirety and signed by the petitioner. The supporting documents must include evidence of the petitioner’s status in the United States as well as evidence of the intended use of the nonimmigrant workers. In addition, the form must be accompanied by a fee, which can vary depending on the type of petition.
What is the Form I-129S Fee?
The Form I-129S fee is $475. This is the fee for filing a petition for a Nonimmigrant Worker.
Can I Apply for Form I-129S Fee Waiver or Reduction?
No, the Form I-129S does not allow for fee waivers or reductions. This form is used to request a nonimmigrant visa for a specialty occupation worker and the filing fees associated with it cannot be waived or reduced.
What is the Form I-129S Processing Time?
The processing time for Form I-129S depends on several factors, including the type of petition you are filing and how quickly USCIS processes your application. Generally, processing times range from one month to six months or longer. To get an estimate of processing times for Form I-129S, you can use the USCIS Processing Times Tool.
Form I-129S Frequently Asked Questions
1. What is Form I-129S?
Form I-129S is a United States Citizenship and Immigration Services (USCIS) form used for nonimmigrant religious worker visas.
2. Who should use Form I-129S?
Form I-129S should be used by employers seeking to hire a foreign religious worker to come to the US on a temporary basis.
3. How do I complete Form I-129S?
Form I-129S should be filled out by the employer submitting the application and requires information such as the employer’s name and address, the foreign religious worker’s name, nationality and purpose of entry, as well as information about the religious organization and the job offer. The form also requires signatures from both the employer and the foreign religious worker.
4. How much does it cost to submit Form I-129S?
The filing fee for Form I-129S is $460. This fee must be paid upon submission of the application.
5. How long does it take for USCIS to process Form I-129S?
The processing time for Form I-129S depends on the individual case and can range from 3 months to over a year. You can check the current processing times at the USCIS website.