1. What is the purpose of Form I-129 and when should it be used?
Form I-129 is an official form used by the U.S. Citizenship and Immigration Services (USCIS) to petition for a nonimmigrant worker or to change the nonimmigrant status of an existing nonimmigrant worker. It should be used when employers are petitioning for nonimmigrant workers to work in the United States on a temporary basis, or when employers are seeking to change the status of an existing employee who is already in the United States.
2. What is the difference between a nonimmigrant and immigrant visa?
A nonimmigrant visa allows a person to stay in the U.S. temporarily for a specific purpose, such as tourism, short-term business or study. It does not lead to permanent residency. An immigrant visa, also known as a green card, grants permanent legal residency in the U.S. and is the first step towards becoming a U.S. citizen.
3. How does an employer file a petition for a nonimmigrant worker with USCIS?
An employer can file a petition for a nonimmigrant worker with USCIS by submitting the completed Form I-129, Petition for a Nonimmigrant Worker. The form must be accompanied by the appropriate filing fee and supporting evidence that demonstrates the beneficiary’s qualification for the requested nonimmigrant classification. The employer must also include a labor certification from the Department of Labor (for certain categories) and evidence of any required approval from the Department of State.
4. What is the processing time for Form I-129?
The processing time for Form I-129 can vary depending on the type of request and the specific field office. According to U.S. Citizenship and Immigration Services (USCIS), processing times usually range between one and fourteen months.
5. What are the eligibility requirements for obtaining an H-1B visa?
Eligibility requirements for obtaining an H-1B visa include:
# Applicant must have a valid job offer from a U.S. employer.
# The job offer must be for a specialized occupation that requires a minimum of a bachelor’s degree, or the equivalent work experience.
# The applicant must have completed a US bachelor’s degree, or its equivalent, in the specialty occupation.
# The applicant must have a valid US visa to enter the country.
# The employer must prove that they are paying the prevailing wage for the position or that they are offering wages higher than the minimum wage for that field.
# The employer must attest that they will not displace any U.S. workers in connection with the H-1B employment.
6. How does an employer determine which form to use when applying for a U.S. work visa?
An employer must determine which visa form is appropriate based on the individual’s job duties and the length of the assignment. Employers can find an overview of the different visa categories on the U.S. Department of State website and should consult with an immigration lawyer or knowledgeable representative to ensure they are using the correct form.
7. What information must be included on Form I-129?
Form I-129 must include information about the petitioner (the U.S. employer or other entity seeking to employ the alien), the beneficiary (the alien to be employed in the U.S.), the beneficiary’s qualifications, the type of visa sought, the duration of employment and other relevant information related to the request.
8. Who must sign Form I-129?
Form I-129 must be signed by the petitioner, who is typically a U.S. employer or agent acting on behalf of the employer.
9. Can a petitioner file multiple forms I-129 at the same time?
Yes, a petitioner can file multiple Forms I-129 at the same time. However, each form must include all of the necessary supporting documentation, and there may be additional fees associated with each filing.
10. What documents are required to be submitted with Form I-129?
In order to submit Form I-129, a petitioner must provide the following documents:
1. Evidence of their U.S. employer status, such as a copy of the articles of incorporation, tax returns, or other documentation showing the employer’s status in the U.S.
2. Evidence that the foreign worker has the required qualifications to perform the job described in the petition, including diplomas, certifications, and other evidence that verifies the foreign worker’s educational/professional credentials.
3. Evidence demonstrating that the position being offered requires a foreign worker to fill it, such as documentation showing that there are no qualified U.S. workers available for the job.
4. A letter from the employer explaining why they need a foreign worker for this position and why they are offering it to a foreign worker instead of a U.S. citizen or legal permanent resident.
5. Evidence of labor certification, if applicable.
6. A copy of the signed employment contract between the employer and the foreign worker, if applicable.
7. A copy of any valid passport or other identification document issued to the foreign worker by their country of origin.
11. What is an L-1 visa and what are the eligibility requirements for obtaining one?
An L-1 visa is a visa for intra-company transferees who are sent by their employers to work in the United States. To be eligible for an L-1 visa, the foreign national must have been employed by a qualifying company outside of the United States for at least one year in the past three years prior to applying for the visa. The foreign national must also be sent to the US to work in a managerial, executive, or specialized knowledge capacity.
12. How long is an L-1 visa valid for and does it need to be renewed?
An L-1 visa is valid for up to three years and can be renewed for an additional two years. After the total five-year period, the visa holder must either apply for a new visa or leave the country.
13. What is an H-2B visa and who is eligible for it?
The H-2B visa is a nonimmigrant visa that allows foreign nationals to enter the United States and work temporarily in nonagricultural positions. In order to be eligible for an H-2B visa, applicants must have a job offer from a U.S. employer and must prove that they are coming to the United States to fill a position that is considered temporary and will not last longer than one year. The U.S. employer must also prove that no U.S. workers are available to fill the position.
14. What is the difference between an H-2B visa and a J-1 visa?
An H-2B visa is a temporary work visa for foreign nationals who are coming to the United States to fill a job for which there are no available U.S. workers. It allows foreign nationals to work for a pre-determined period of time in a specific job.
A J-1 visa is a type of exchange visitor visa that allows foreign nationals to come to the United States to participate in an exchange program. Exchange programs can range from internships, research opportunities, and cultural exchange programs. J-1 visa holders can be employed while in the United States, but the employment must be related to their exchange program.
15. What forms must be filed in order to apply for a work permit and how long does it usually take to receive one?
In order to apply for a work permit, an individual must complete Form I-765, Application for Employment Authorization. This form can be filed online or through the mail. The process usually takes anywhere from 2 to 4 weeks to receive a response.
16. How does an employer file for labor certification for a foreign worker?
An employer who wishes to file for labor certification for a foreign worker must submit an application to the U.S. Department of Labor’s Employment and Training Administration. This application includes the employer’s job description, wage, and other details. The Department of Labor will then conduct an investigation to determine if there are qualified U.S. workers willing, able, and available to do the job in question. If the employer can demonstrate that no U.S. workers are available for the job, then they may be certified to hire a foreign worker.
17. When should Form I-797 be used and what information must be included on it?
Form I-797 is used by U.S. Citizenship and Immigration Services (USCIS) to notify individuals of important information related to their immigration status. It is typically used to notify individuals of the approval, denial, or transfer of their immigration applications. The form must include the following information:
-The name of the applicant
-The type of application or petition submitted
-The decision made by USCIS regarding the application or petition
-The date the decision was made by USCIS
-The office location where the decision was made
-The confirmation or receipt number associated with the application
18. Are there any fees associated with filing forms I-129 and I797 with USCIS?
Yes, there are filing fees associated with filing Forms I-129 and I-797 with USCIS. The current filing fee for Form I-129 is $460. The current filing fee for Form I-797 is $1,225.
19. What documents are required to obtain a permanent work visa or green card?
In order to obtain a permanent work visa or green card, you will need to have the following documents:
1. A valid passport
2. Two passport-style photographs
3. Evidence of your educational qualifications
4. Evidence of your work experience
5. Evidence of financial support (such as proof of income, savings, or investments)
6. A completed Form I-140 (Immigrant Petition for Alien Worker)
7. A completed Form I-485 (Application to Register Permanent Residence or Adjust Status)
8. A completed Form I-765 (Application for Employment Authorization Document)
9. A medical report from a qualified physician
10. Proof of any required vaccinations
11. Any other necessary documents required for the specific visa you are applying for.
20. Are there any special requirements for employers who wish to sponsor foreign workers for a U.S. work visa or green card?
Yes, employers who wish to sponsor foreign workers for a U.S. work visa or green card must meet certain criteria and requirements. These include ensuring the availability of the position, recruiting both domestically and internationally, filing certain forms and documents with the Department of Labor and/or USCIS, and sometimes demonstrating that the employer is paying the foreign worker the prevailing wage for that particular position. Employers must also ensure compliance with all relevant labor laws. Additionally, employers must be prepared to provide evidence of their ability to pay any required wages or comply with other requirements.