Form I-129S: Format, How to Complete and MORE

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The Form I-129S format It is the application that employers make to obtain a visa in the United States.

Employers can sponsor foreigners to work within the country. as long as it presents this format. Below, more details about the process of this Form I-129S.

Form I-129S format

The Form I-129S It is essential to obtain a visa to work in the United States. US employers sponsoring foreign nationals to work in the US submit this form.

You can download the Form I-129 (Petition for Nonimmigrant Workers) on the website of the USCIS.

How is Form I-129S completed?

The Form I-129 It is prepared in English, but here we show you how to fill it out:

If the application is incomplete, the United States Citizenship and Immigration Services (USCIS) may reject the application, and any errors can complicate the employee’s visa status after the application is approved.

The Form I-129S format It is composed of nine parts:

  1. Applicant information: The most important thing to remember is that the petitioner or applicant is the employer (petitioner). Throughout the table, foreign employees are referred to as “beneficiaries”.
  2. Information about the application: Requests information about the required nonimmigrant status, and the actions the employer wants the immigration office to take.
  3. Beneficiary information: This information is very accurate about the beneficiary. The Alien Registration Number It is a nine-digit foreign registration serial that is assigned only to certain foreigners. Most of the employees who have not applied for permanent residence will not have an assigned number, if this is the case, this box can be left blank.
  4. Processing information: This part asks you a series of questions, such as the details of the consulate closest to the beneficiary or employee. If you have visited the country on another occasion.
  5. Information about proposed employment and employer: In this part goes the information of the employer, the proposed position, compensation.
  6. Export control certification: Employers must disclose whether they need permission from the federal government to release technology or technical data to foreign employees. If the employer deals with technology that may require this license, then a designated official within the organization must make this decision. If no such person exists, the employer should consult with an attorney on how to complete this section.
  7. Firms: The authorized representative of the employer must sign the seventh part of the I-129 form.
  8. Firms: If a lawyer made the request, they must also sign this eighth part.
  9. Schedules to Form I-129: Form I-129 must include a calendar corresponding to the required classification. The employer does not need to submit supplemental pages that are not related to the requested classification.

Usefulness of Form I-129S

The Form I-129S has the following utilities:

  • Sponsor to foreigners who do not live in the United States, but who can apply for the corresponding non-immigrant visa at the consulate after the approval of the Form I-129S.
  • Change status from an eligible alien who already has another nonimmigrant status in the United States.
  • Extend status of aliens who are already employed and have the appropriate nonimmigrant status.
  • When they occur important changes In job responsibilities, job title or salary, the approved employment of foreigners will be reviewed.

Form I-129S costs

The United States Citizenship and Immigration Services charges a figure of $ 500. See page USCIS.

Where is it presented?

  • If the foreign employee is out of from the United States and requires a visa, you must submit Form I-129S (completed by you as the applicant employer) to the U.S. consular officer.
  • If the foreign employee is a Canadian citizen, you can send the Form I-129S (completed by you as the applicant employer) directly to Customs and Border Protection (CBP) at certain ports of entry. Check the location before flying.
  • If the foreign employee is In the United States, you must file forms I-129 and I-129S (which you must complete as an applicant employer) at the USCIS Service Center according to the instructions of the Form I-129S.

What is it?

The Form I-129S It is used to classify foreign employees as non-immigrant employees and transfer them to the company (executive, manager or professional) according to the approved general L application.

East Form I-129S It has 6 pages, plus another page for an explanation. To complete this form, you must have information about the employer and the position that the foreign applicant will occupy. It also contains biographical information about the foreigner.

The I-129 application also requires the submission of supporting documents, which will vary depending on the nonimmigrant status sought.

Before preparing your application, you should carefully read the instructions of these forms for guidance on completing the application and gathering supporting documents.

If the application is incomplete, the United States Citizenship and Immigration Services (USCIS) may reject the application and any mistakes can complicate the employee’s visa status after the application is approved.

Important to consider

  • To view, print or complete the form, you must use the latest version of Adobe Reader, which you can download for free.
  • Firm. Each petition must be duly signed and filed. For all signatures on this petition, USCIS will not accept a stamped or typed name in place of a signature.
  • Signatures validity. USCIS will consider requesting a photocopy, faxed or scanned of your original written signature, valid to send to the file. The photocopy, fax or scan must be of the original document that contains the manuscript, signed ink.
  • Filing fee. Each petition must be accompanied by the corresponding filing fee.
  • Evidence. At the time of filing, you must submit all supporting evidence and documents listed in the section.
  • Appointment for biometric services. USCIS may request that you appear for an interview or provide your biometrics (fingerprints, photograph, and / or signature) at any time, to validate your identity, obtain additional information and conduct, background and security checks, including a background check. criminal records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition.
  • After USCIS receives your petition and makes sure it is complete, they will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you with the location of your local or designated USCIS Center (ASC) application support office, and the date and time of your appointment or if you are currently abroad, it will tell you that Contact a US Embassy, ​​US Consulate, or USCIS office outside of the United States to schedule an appointment.

Types of workers that can be sponsored:

The Form I-129S It can be processed for the following types of work visas in the United States:

  • Workers with qualified temporary jobs (H-1B, H-1C, H-2A or H-3 Visas).
  • Aliens of extraordinary ability credited for O-1 status, and their assistants applying for O-2 status.
  • For athletes, actors, musicians, also artists or entertainers who qualify for P-1, P-2 or P-3 status, and their essential personnel who qualify for P-1S, P-2S or P- status. 3S.
  • Cultural exchange visitors who qualify for Q-1 status
  • Religious workers who qualify for R-1 status.
  • People who are already living in the United States and need to extend E-1, E-2 or TN status.

What are the requirements for Form I-129S?

We suggest you read these requirements before completing and submitting the form. Unless there are special requirements in the description of the form, do not send the original documents.

If you send any document in a idiom (if necessary, please provide a copy or original document), you must provide a complete English translation, as well as a certificate from the translator, confirming that the translation is complete, accurate and that you are qualified to translate the foreign language into the Language in English.

You must attach these documents to the application:

  • A photocopy of the notice of approval of the general petition.
  • A letter describing the employee’s dates of employment, duties, qualifications, and salary. Said letter must indicate that the beneficiary worked for the sponsor for at least one continuous year, during the last three years in an executive, managerial, or specialized knowledge professional capacity.

Do I need an attorney to file Form I-129S?

Generally, you do not need an attorney to complete the Form I-129S. In fact, you can do it yourself. However, each nonimmigrant visa category for I-129 has its own legal requirements.

Your employer or company that wishes to hire you may consider consulting with an immigration attorney to review these requirements, seek assistance in preparing and submitting an application.

Do Dependents and Family Members Also Owe Form I-129S?

Dependents or immediate relatives of aliens sponsored by employers or work visas can also obtain visas to live legally in the United States.

If the dependent already lives in the United States, you must prepare Form I-539 to extend / change your nonimmigrant status, and you can submit it with the Form I-129S from your employer, or you can submit it at a later date after you receive the form.

If family members or family members are outside the United States, they can apply for a family member visa at the local U.S. consulate.

Dependents must provide a copy of the I-797 approval notice, based on Form I-129 and proof of their relationship to the primary visa holder. More information in this page.

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