The Form I-129 o Petition for a Nonimmigrant Worker, is an essential document in the US to work as an immigrant. And that is not its only utility, it has several that we will mention in this section and it is very important to be aware of it.
In this article you will learn what it is, its format, the filling instructions and more. Let’s get started!
What is it?
The Form I-129 Or also known in English as Petition for a Nonimmigrant Worker, it is a document presented by employers who wish to request workers temporarily. This can be found on the website of the United States Immigration Service.
It must be processed by any employer with US citizenship who sponsors foreigners to work in the US legally.
Types of workers that can be sponsored using Form I-129:
The Form I-129 You can apply for the following categories of U.S. work visas:
- H-1B, H-1C, H-2A OR H-3 visas (Skilled temporary workers).
- Qualifying foreign athletes, artists, musicians, actors or other entertainment trades for the status O-1 and your assistants who qualify for the status O-2.
- Qualifying religious workers status R-1.
- Cultural exchange visitors for the status Q-1.
- People who are in the United States and need to extend their status E-1, E-2 or TN.
Form I-129 format
This document has a format digital in PDF and a physical paper format, like any spreadsheet. It has the letterhead of the government organization in charge of processing it, together with its stamp.
Instructions for Completing Form I-129
This Petition for a Nonimmigrant WorkerAs we mentioned above, it must be submitted by employers who request a temporary worker, they also do it to request an extension of stay for workers (TN, E-2 AND E-1) or to request a change of status.
The form has 7 pages, the last page is additional for explanations. You need to fill out the form in your whole with information from the employer and the position covered by the foreign applicant. Likewise, information on the latter is required.
The United States Citizenship and Immigration Services (USCIS) You can reject the application if it is incomplete. Any mistake can delay the entire procedure or complicate the status of the worker’s visa after the application is approved.
Employers should be aware of the sections listed below:
Parts of the Form
Part 1: Applicant Information (Petitioner Information)
Obviously, this part provides the applicant’s information. The most important thing is to know for sure who is who
- Petitioner: the petitioner or applicant is the employer.
- Beneficiary: the beneficiary is the foreign employee.
Part 2: Application Information (Information about this petition)
Information is requested here about the requested nonimmigrant status and the action that the USCIS may take with respect to the case, with the authorization of the employer.
The employer must enter the requested visa category and verify the basis for this classification. For new jobs by new hires, the classification would be “new job»(New employment), for new classifications of existing employee visa, it would be ‘new job»(New employment).
Also, for the same job, without changes it would be «continuation of previously approved employment, unchanged, with same employer»(Continuation of previously approved employment without change with the same employer).
For when there have been non-material changes in the job, as a new job title without significant changes in job duties it would be «change in previously approved job»(Change in previously approved employment).
On the other hand, changes in the work material, would be «modified request»(amended petition), Employee working for another employer with the same status would be «simultaneous new employment»(new concurrent employment), Employee who changes employers and whose current non-immigrant status is benefited would be «change of employer»(change of employer).
Part 3: Beneficiary Information
The information provided here will be considered relatively straightforward. In this part it is common that many doubts are generated regarding the A-number or Alien Number, which is a nine-digit foreign registration number and is assigned only to certain immigrants.
Most of the employees who have not applied for permanent residence do not have an A number. If this is the case, the space is left blank.
Part 4: Processing information (Processing Information)
The series of questions that appear in this part are extremely necessary to process the request of the Form I-129.
It must be completed with the information of the employee’s country of origin, even when the process is carried out outside of it. The action may be denied, even if the request has been approved. USCIS It requires knowing where to send the request.
The request for prosecutions in countries such as Mexico or Canada, it is better to avoid them. If the visa process is delayed in some of these territories, you may have to stay in that country for longer than planned.
Processing in other countries should only be carried out if there are compelling circumstances that prevent the visa application in the country of origin.
Here it is also necessary to state whether the applicant has been in the United States as a J-1 exchange visitor or as a J-2 dependent.
Part 5: Information about proposed employment and employer (Basic Information About the Proposed Employment and Employer)
This part requests detailed information about the employer and the proposed job. It is necessary to provide information equal to that of LCA (Labor Condition Application) along with its number.
The employer is also requested to report if it awards other compensation to the employee, if he receives benefits, it should be made clear.
Part 6: Export Control Certification
If a federal government license To release technology or technical data to a foreign employee, it is mandatory to include the information here.
An official is the one who determines if the employer is in charge of the technology that justifies the license. If there is no official, the employer should consult with an attorney to complete the section.
Part 7 and 8: Signatures (Declaration, Signature and Contact Information)
Here the signature of the authorized representative of the employer is required. If this is an attorney, you must also sign the next part. The signature must be in blue ink.
Schedules to Form I-129
Annex that corresponds to the requested classification. It is not necessary to submit supplementary pages that are not related to the requested classification.
What is it for?
Employers who want to apply for a temporary worker need to get this form.
It can be used for more than one purpose, listed below:
- Sponsor a foreigner who does not reside in United States.
- Change the status of a qualified alien who is already in the United States with another nonimmigrant status.
- Extend the status of an alien who is already employed and has a nonimmigrant status.
- Modify the approved employment of an alien by having a substantial change on job duties, titles, or wages.
Form I-129 fee
The United States Citizenship and Immigration Services charges a fee of $ 460 for this procedure.
Where to present it?
In many cases, the U.S. state or territory where the main office of the business or organization handling the process is located will determine the reception place of the form.
The regular filing process Form I-129 is in the CSC (California Service Center), in the VSC (Vermont Service Center) in the NSC (Nebraska Service Center) or in the TSC (Texas Service Center). It all depends on the classification of the nonimmigrant petition that has been applied for, the location of the petitioner, and the action that needs to be taken.
For instance: If the main office of the company is in Massachusetts, the applicant must submit the form at the VSC no matter where your work is. Likewise, if the office remains in California, the document must be presented at the CSC without important the workplace.
There are exceptions such as when certain nonimmigrant classifications and requested actions are filed in a single service center, regardless of the location where the work company is located.
It should be noted that submitting the form in the wrong place can trigger the rejection of the application. Keep it in mind!
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