Fill out Form I-129, Petition for a Nonimmigrant Worker with Instafill.ai

Form I-129 can be used to request various nonimmigrant worker classifications, including but not limited to: H-1B (specialty occupations), H-1B1 (free trade agreement workers in specialty occupations from Chile and Singapore), H-2A (temporary agricultural workers), H-2B (temporary non-agricultural workers), H-3 (trainees or special education visitors), L-1A and L-1B (intracompany transferees), O-1 (individuals with extraordinary ability or achievement), P-1 (internationally recognized athletes or entertainers), P-2 (artists or entertainers under reciprocal exchange programs), P-3 (artists or entertainers in culturally unique programs), Q-1 (participants in international cultural exchange programs), and R-1 (religious workers).

The OMB No. (Office of Management and Budget Number) is a unique number assigned to the form by the Office of Management and Budget, which approves all federal forms that collect information from the public. The expiration date is the date until which the current version of the form is valid and can be used. This information is typically found in the top right corner of the form. However, without the current form in front of me, I cannot provide the specific OMB No. and expiration date for Form I-129. It is important to use the most recent version of the form, which can be found on the USCIS website.

In Part 1 of Form I-129, the petitioner is required to provide basic information about the petition, including the type of petition, the petitioner's name and contact information, the basis for the classification being sought, and whether an attorney or accredited representative is assisting with the petition. The petitioner must also indicate if they are filing for an individual worker or multiple workers under the same classification and provide information about the employer, such as the employer's legal business name, primary U.S. office address, and employer identification number (EIN).

The various supplements attached to Form I-129 serve to provide additional, classification-specific information required for the different types of nonimmigrant worker petitions. Each supplement is tailored to a particular visa classification and asks for details pertinent to that classification, such as the nature of the job or event, the beneficiary's qualifications, and other criteria that must be met for the specific nonimmigrant status being requested. The supplements ensure that USCIS receives all the necessary information to adjudicate the petition according to the requirements of the particular nonimmigrant classification.

The validity dates for the nonimmigrant worker's classification approval are specified in the approval notice (Form I-797) that USCIS issues to the petitioner upon approving Form I-129. These dates indicate the period during which the nonimmigrant worker is authorized to work in the United States under that specific classification. The petitioner should ensure that the employment start date and end date on Form I-129 align with the intended period of employment and comply with the limits of the specific nonimmigrant classification being requested.

A petitioner can indicate that they are a nonprofit organization on Form I-129 by providing the necessary information in Part 1 of the form, which asks for the type of petitioner. The petitioner should check the appropriate box that corresponds to their status as a nonprofit organization. Additionally, they may be required to submit supporting documentation to establish their nonprofit status, such as a determination letter from the IRS or other relevant evidence.

In Part 3 of Form I-129, the petitioner is required to provide detailed information about the nonimmigrant worker. This includes the worker's full name, date of birth, country of birth, country of citizenship, U.S. Social Security number (if applicable), address abroad, phone number, and email address. Additionally, the petitioner must provide the worker's current immigration status if the worker is already in the United States, as well as information about any previous stays in the U.S. under nonimmigrant status.

In Part 4 of Form I-129, the petitioner must provide processing information that includes the petitioner's contact information, the preferred location for the consulate or embassy where the worker will apply for a visa (if applicable), and whether the petitioner is requesting a change of status or extension of stay for the worker. The petitioner must also indicate if they are requesting premium processing service by completing Form I-907 and paying the additional fee, which ensures expedited processing of the petition.

Part 5 of Form I-129 requires the petitioner to provide basic information about the proposed employment and employer. This includes the job title, duties, and requirements of the position, the start and end dates of employment, the full-time or part-time nature of the job, the location where the work will be performed, and the wage offered. The petitioner must also provide their Employer Identification Number (EIN), the number of employees in the company, the gross annual income, and the net annual income. This part of the form helps USCIS determine the eligibility of the employer and the validity of the job offer.

The petitioner must certify whether they will release or otherwise provide access to controlled technology or technical data to the foreign person in the United States. If such a release will occur, the petitioner must assert that they have a license from the U.S. Department of Commerce or U.S. Department of State, as required, or that such a release is not required by law. This certification is part of the compliance with the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).

In Part 7 of Form I-129, the petitioner must provide a declaration affirming that all of the information provided in the form and any accompanying documentation is complete, true, and correct. The petitioner must sign and date this section, thereby taking legal responsibility for the petition. If the petitioner is an individual, they must sign themselves; if the petitioner is a company or organization, an authorized representative must sign. The signature must be original on paper forms, but for electronically filed petitions, an electronic signature may be used.

Part 9 of Form I-129 is the Additional Information section, which allows the petitioner to provide any extra details that were not included in the previous parts of the form due to space limitations or that require further explanation. This section can be used to clarify responses to earlier questions, to provide additional context, or to include information that the petitioner believes is relevant to the adjudication of the petition. The petitioner should reference the specific part and item number that the additional information relates to.

The E-1/E-2 Classification Supplement to Form I-129 is used specifically for employers who are petitioning for workers under the E-1 Treaty Trader or E-2 Treaty Investor nonimmigrant classifications. This supplement requires additional information about the treaty qualification, the trade or investment, the enterprise's nationality, and the alien's role in the enterprise. It is designed to establish that both the petitioner and the beneficiary meet the requirements for the E-1 or E-2 visa categories.

The Trade Agreement Supplement to Form I-129 is used for employers who are petitioning for workers under certain trade agreements, such as the North American Free Trade Agreement (NAFTA) for TN nonimmigrant status, or other agreements that provide for nonimmigrant classifications similar to H-1B or H-2B. This supplement requires additional information pertinent to the specific trade agreement under which the petition is being filed, including details about the beneficiary's qualifications and the proposed employment in the United States.

The H Classification Supplement to Form I-129 is required for petitioners seeking to classify the beneficiary as an H-1B, H-1B1, H-1C, H-2A, H-2B, or H-3 nonimmigrant worker. The supplement requires information such as the type of petition, details about the petitioner and beneficiary, the beneficiary's qualifications, the nature of the temporary employment, and information about the terms and conditions of employment. It also includes questions about the petitioner's compliance with labor condition application requirements, the actual wage for the position, and the prevailing wage for the occupational classification in the area of employment.

The L Classification Supplement to Form I-129 is used for employers who wish to petition for an employee to be classified as an L-1 nonimmigrant. This classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year and who will be employed by a parent, branch, affiliate, or subsidiary of the same employer in the United States in a managerial, executive, or specialized knowledge capacity. The supplement gathers information about the petitioner, the beneficiary, the nature of the job to be performed in the U.S., and the relationship between the foreign and U.S. entities.

The O and P Classifications Supplement to Form I-129 is required for petitioners seeking to classify the beneficiary as an O-1, O-2, P-1, P-2, or P-3 nonimmigrant. This supplement requires detailed information about the beneficiary's qualifications, the nature of the events or activities the beneficiary will participate in, and the itinerary of the events or performances. For O-1 beneficiaries, evidence of extraordinary ability in their field is required. For P-1 beneficiaries, evidence of the individual or team's internationally recognized level of performance is necessary. The supplement also asks for information about any agents or representatives and the terms and conditions of employment.

The Q-1 Classification Supplement to Form I-129 is used for petitioners who seek to classify the beneficiary as a Q-1 nonimmigrant. This classification is for individuals participating in an international cultural exchange program. The supplement requires information about the cultural exchange program, including its administration, the cultural component, the employment aspects, and the terms and conditions of the beneficiary's participation. It also asks for details about the wages and working conditions and how the program offers the sharing of the culture and traditions of the beneficiary's home country.

The R-1 Classification Supplement to Form I-129 is designed for petitioners seeking to classify the beneficiary as an R-1 nonimmigrant, which is a religious worker. This supplement requires detailed information about the religious organization, the beneficiary's membership in the religious denomination, the nature of the job offered, and the beneficiary's qualifications to perform the religious work. It also includes questions about the compensation and whether the beneficiary will be supported by the organization or be self-supporting. The supplement is used to establish that the job and the beneficiary meet all the requirements for the R-1 religious worker classification.

You can download a printable version of Form I-129 here.