What is Form I-129S used for?

Form I-129S is used to petition for nonimmigrant workers under the L-1 classification, specifically for employees of a qualifying organization that is part of a multinational company. This form is utilized to request L-1A (for managers and executives) or L-1B (for employees with specialized knowledge) status for foreign nationals.

Who is eligible to file Form I-129S?

Form I-129S can be filed by U.S. employers who are part of a multinational company and wish to transfer employees from their foreign offices to their U.S. offices. The employer must be a qualifying organization that meets the requirements set forth by U.S. Citizenship and Immigration Services (USCIS).

What information is required about the employer on Form I-129S?

The employer must provide detailed information including the name, address, and tax identification number of the U.S. company, as well as information about the relationship between the U.S. company and the foreign entity. This includes the nature of the business, the number of employees, and the financial standing of the company.

What details must be provided about the beneficiary on Form I-129S?

The form requires information about the beneficiary such as their name, date of birth, country of citizenship, and the specific position they will hold in the U.S. Additionally, the employer must provide details about the beneficiary's qualifications, including their education and work experience relevant to the position.

How do I determine if the beneficiary qualifies for L-1A or L-1B status?

To determine if a beneficiary qualifies for L-1A status, they must have been employed in a managerial or executive capacity for at least one year within the last three years with the foreign entity. For L-1B status, the beneficiary must have specialized knowledge of the company's products, services, or processes. Employers should review the specific criteria outlined by USCIS to ensure the beneficiary meets the necessary qualifications.

What is the significance of the proposed employment address on Form I-129S?

The proposed employment address on Form I-129S is significant as it indicates the specific location where the beneficiary will be working. This information is crucial for the U.S. Citizenship and Immigration Services (USCIS) to assess the validity of the employment offer and to ensure that the job complies with the terms of the visa classification. It also helps in determining the jurisdiction of the USCIS office that will process the petition.

What are the requirements for the petitioner's contact information?

The petitioner's contact information on Form I-129S must be complete and accurate. This includes the petitioner's name, address, phone number, and email address. It is essential for the USCIS to have this information to communicate effectively regarding the petition, including any requests for additional information or notifications about the petition's status.

What should I include in the section about the beneficiary's prior employment?

In the section about the beneficiary's prior employment on Form I-129S, you should include detailed information about the beneficiary's previous jobs, including the names of employers, job titles, dates of employment, and a brief description of the duties performed. This information helps USCIS evaluate the beneficiary's qualifications and experience relevant to the proposed employment.

How do I report the beneficiary's wages and hours of proposed employment?

To report the beneficiary's wages and hours of proposed employment on Form I-129S, you should provide the specific wage rate (hourly, weekly, or annual) and the expected number of hours the beneficiary will work per week. This information is important for USCIS to ensure that the offered wages meet the prevailing wage requirements and that the employment conditions are consistent with the visa classification.

What is the purpose of the certification regarding controlled technology on Form I-129S?

The certification regarding controlled technology on Form I-129S serves to ensure compliance with U.S. export control laws. It requires the petitioner to certify that the beneficiary will not have access to controlled technology unless the appropriate licenses are obtained. This is crucial for national security and to prevent unauthorized access to sensitive technologies.

What is the process for submitting Form I-129S?

To submit Form I-129S, you must complete the form accurately and ensure that all required documentation is included. Once completed, you should send the form to the appropriate USCIS service center based on your location and the specific instructions provided for Form I-129S. It is important to check the latest guidelines on the USCIS website to ensure compliance with any updates or changes in the submission process.

Is there a fee associated with filing Form I-129S?

Yes, there is a fee associated with filing Form I-129S. The fee amount can vary, so it is essential to check the USCIS website for the most current fee schedule. Payment must be made in accordance with the instructions provided for the form, and it is important to include the correct fee to avoid delays in processing.

What happens if the petitioner employs more than 50 individuals in the U.S.?

If the petitioner employs more than 50 individuals in the U.S., they may be subject to additional requirements under the H-1B and L-1 visa programs. Specifically, the petitioner must demonstrate that they are in compliance with the H-1B dependency provisions, which may include providing information about the employment of H-1B workers and ensuring that the employment of L-1 workers does not adversely affect the wages and working conditions of U.S. workers.

How can I check the status of my Form I-129S application?

You can check the status of your Form I-129S application by visiting the USCIS website and using the 'Check Your Case Status' tool. You will need to enter your receipt number, which is provided to you after your application is submitted. This tool allows you to track the progress of your application and receive updates on any changes in its status.

What should I do if I need more space to provide additional information?

If you need more space to provide additional information on Form I-129S, you may attach additional sheets of paper. Be sure to clearly indicate your name, the form title, and the section number on each additional sheet. This will help ensure that the information is properly associated with your application.

What should I do if I make a mistake on Form I-129S after submission?

If you realize that you have made a mistake on Form I-129S after submission, you should contact USCIS as soon as possible to determine the best course of action. Depending on the nature of the mistake, you may need to submit a correction or a new form. It is important to address any errors promptly to avoid delays in processing.

What is the validity period of Form I-129S?

The validity period of Form I-129S is typically determined by the duration of the employment or the specific terms of the nonimmigrant status being requested. Generally, the approval of Form I-129S allows the beneficiary to stay in the United States for the duration of the employment as specified in the petition, up to a maximum of three years, with the possibility of extensions.

What supporting documents should accompany Form I-129S?

When submitting Form I-129S, you should include supporting documents such as a copy of the blanket L petition approval notice, evidence of the qualifying relationship between the employer and the foreign entity, and any other documentation that demonstrates the eligibility of the beneficiary for the requested nonimmigrant status. It is important to review the specific instructions for Form I-129S to ensure all required documents are included.

How can I contact USCIS for questions regarding Form I-129S?

You can contact USCIS for questions regarding Form I-129S by calling their National Customer Service Center at 1-800-375-5283. Additionally, you can visit the USCIS website for more information, or schedule an appointment at a local USCIS office if you need in-person assistance.

What is the role of an attorney or accredited representative in filing Form I-129S?

An attorney or accredited representative can assist in the preparation and filing of Form I-129S by providing legal advice, ensuring that the form is completed accurately, and helping to gather the necessary supporting documentation. They can also represent you in communications with USCIS and help address any issues that may arise during the processing of the petition.

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Form name:	Form I-129S, Nonimmigrant Petition Based on Blanket L
Number of pages:	8
Download form:	https://www.uscis.gov/sites/default/files/document/forms/i-129s.pdf

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Compliance Form I-129S
Validation Checks by Instafill.ai

Verifies that all information is printed clearly in black ink to ensure legibility.

This validation check ensures that all information on the Form I-129S is printed clearly in black ink, which is crucial for legibility. It confirms that any handwritten entries are easily readable to avoid misinterpretation by processing officials. The AI software checks for any smudges or unclear markings that could hinder the understanding of the provided information. By enforcing this requirement, it helps to facilitate a smoother review process and reduces the likelihood of delays.

Confirms that the petitioning organization's name and mailing address are accurately provided, including any differences between mailing and physical addresses.

This validation check verifies that the petitioning organization's name and mailing address are accurately filled out on the form. It ensures that any discrepancies between the mailing address and the physical address are clearly noted, which is essential for proper communication. The AI software cross-references the provided information to confirm its accuracy and completeness. By doing so, it helps to prevent any potential issues with correspondence or notifications from USCIS.

Ensures that the petitioner's contact information, including daytime telephone number, fax number, email address, and website address, is complete and accurate.

This validation check ensures that the petitioner's contact information is fully provided and accurate on the Form I-129S. It verifies that all required fields, including the daytime telephone number, fax number, email address, and website address, are filled out correctly. The AI software checks for any missing or incorrect entries that could impede communication with the petitioner. By confirming the completeness of this information, it helps to facilitate timely updates and responses from USCIS.

Checks that the attorney's state bar number and USCIS online account number are included if applicable, and that the box for Form G-28 or G-28I is checked if attached.

This validation check verifies that the attorney's state bar number and USCIS online account number are included on the form if applicable. It ensures that the box for Form G-28 or G-28I is checked if these forms are attached, which is essential for proper representation. The AI software cross-examines the entries to confirm that all necessary attorney information is provided. By enforcing this requirement, it helps to ensure that the petition is processed without any issues related to legal representation.

Validates that the petitioner has answered whether they employ 50 or more individuals in the U.S. and if more than 50% of employees are in H-1B, L-1A, or L-1B status.

This validation check confirms that the petitioner has accurately answered questions regarding their employment status in the U.S. It ensures that the petitioner indicates whether they employ 50 or more individuals and if more than 50% of those employees are in H-1B, L-1A, or L-1B status. The AI software checks for completeness and accuracy in these responses, which are critical for determining eligibility for the petition. By validating this information, it helps to ensure compliance with immigration regulations and policies.

Confirms that the beneficiary's job title and proposed employment dates are accurately indicated.

This validation check ensures that the job title of the beneficiary is correctly filled out, reflecting the position they will hold. It also verifies that the proposed employment dates are accurately indicated, which is crucial for the processing of the petition. By confirming these details, the software helps to prevent any discrepancies that could lead to delays in the application process. This check is essential for maintaining the integrity of the employment information provided.

Ensures that prior periods of stay in the U.S. in a work-authorized capacity are detailed, including immigration status and visa category.

This validation check verifies that all prior periods of stay in the United States are thoroughly documented. It ensures that the beneficiary's immigration status and visa category during those periods are accurately reported. By capturing this information, the software helps to provide a complete picture of the beneficiary's immigration history, which is vital for the evaluation of the petition. This check is instrumental in ensuring compliance with U.S. immigration regulations.

Verifies that the beneficiary's full name, any other names used, date of birth, country of birth, and citizenship are accurately filled out.

This validation check confirms that the beneficiary's full name is correctly entered, along with any other names they may have used. It also ensures that the date of birth, country of birth, and citizenship are accurately filled out, which are critical identifiers in the petition process. By verifying these personal details, the software helps to prevent identity-related issues that could arise during the review of the petition. This check is essential for establishing the beneficiary's identity and eligibility.

Checks that the beneficiary's foreign mailing address and physical address are provided, confirming if they are the same.

This validation check ensures that both the beneficiary's foreign mailing address and physical address are provided in the form. It verifies whether these addresses are the same, which is important for communication purposes. By confirming this information, the software helps to avoid any potential confusion regarding where correspondence should be sent. This check is crucial for maintaining accurate contact information throughout the petition process.

Ensures that the proposed employment address, wages, hours per week, and job duties are specified accurately.

This validation check verifies that the proposed employment address is correctly filled out, along with the wages, hours per week, and job duties associated with the position. It ensures that all employment-related details are specified accurately, which is vital for the assessment of the petition. By confirming these details, the software helps to ensure that the employment offer aligns with the requirements set forth by immigration authorities. This check is important for establishing the legitimacy of the employment offer.

Validates that any offsite work details, including supervision and control of the beneficiary's work, are described if applicable.

This validation check ensures that any offsite work details are thoroughly described, particularly focusing on the supervision and control of the beneficiary's work. It confirms that the form includes all necessary information regarding the nature of the offsite work, which is crucial for compliance with immigration regulations. By verifying this aspect, the software helps to prevent potential issues that may arise from incomplete or vague descriptions. This check is essential for maintaining the integrity of the petition and ensuring that all relevant details are accounted for.

Confirms that details about the qualifying foreign employer, including name, address, job titles, duties, and employment dates, are accurately provided.

This validation check verifies that all details regarding the qualifying foreign employer are accurately filled out on the form. It ensures that the employer's name, address, job titles, duties, and employment dates are correctly provided, which is vital for the legitimacy of the petition. By confirming these details, the software helps to mitigate the risk of errors that could lead to delays or denials in the petition process. This check is crucial for establishing a clear and accurate representation of the employment relationship.

Ensures that the yearly wage and hours worked per week for each foreign job are included.

This validation check ensures that the yearly wage and the number of hours worked per week for each foreign job are clearly stated in the form. It verifies that this critical financial information is not omitted, as it plays a significant role in assessing the petition's validity. By including these details, the software helps to provide a comprehensive overview of the employment terms, which is essential for the evaluation of the petition. This check is important for ensuring that all financial aspects of the employment are transparent and well-documented.

Verifies that the appropriate option regarding the release of controlled technology or technical data is selected in Part 6.

This validation check verifies that the correct option regarding the release of controlled technology or technical data is selected in Part 6 of the form. It ensures that the petitioner is aware of and complies with regulations concerning sensitive information, which is crucial for national security and legal compliance. By confirming this selection, the software helps to prevent potential legal issues that could arise from incorrect disclosures. This check is vital for maintaining adherence to regulatory requirements related to technology transfer.

Checks that the contact information, signature, and date of the petitioner or authorized signatory are provided, certifying the accuracy of the information.

This validation check ensures that the contact information, signature, and date of the petitioner or authorized signatory are included on the form. It verifies that the individual certifying the information is properly identified, which is essential for accountability and verification purposes. By checking for these elements, the software helps to ensure that the petition is formally recognized and that the information provided is certified as accurate. This check is important for the overall integrity of the petition process.

Common Mistakes in Completing Form I-129S

Using ink colors other than black can lead to issues with legibility and processing. It is essential to use black ink for all entries on Form I-129S to ensure that the information is clear and easily readable. To avoid this mistake, always check your writing instruments before filling out the form and keep a black pen handy. Additionally, consider printing the form if possible, as this can eliminate any concerns about ink color.

Failing to provide the petitioner's mailing or physical address can result in delays or rejections of the petition. It is crucial to include complete and accurate address information to ensure that all correspondence is directed to the correct location. To prevent this error, double-check the address fields before submitting the form and ensure that all required information is filled out completely. Keeping a checklist of required information can also help in avoiding omissions.

Incomplete contact information can hinder communication between the petitioner and the processing agency, potentially delaying the petition's progress. It is important to provide a full set of contact details, including phone numbers and email addresses, to facilitate any necessary follow-up. To avoid this mistake, review the contact information section carefully and ensure that all fields are filled out accurately. Consider verifying the information with the petitioner before submission to ensure completeness.

Neglecting to indicate the attachment of Form G-28 or G-28I can lead to confusion regarding representation and may result in processing delays. It is vital to clearly state whether these forms are included, as they authorize an attorney or representative to act on behalf of the petitioner. To avoid this oversight, carefully read the instructions regarding representation and ensure that you check the appropriate box if these forms are attached. Keeping a copy of all submitted documents can also help in confirming what has been included.

Providing incorrect information regarding the employment size can lead to misclassification and affect the petition's outcome. It is essential to accurately assess and report the size of the employer's workforce to ensure compliance with immigration regulations. To avoid this mistake, review the definitions of employment size and consult with HR or relevant departments to gather accurate data. Additionally, double-check your answers before submission to ensure they reflect the current employment situation.

It is crucial to provide the beneficiary's complete name and personal details accurately. Missing this information can lead to delays in processing or even rejection of the petition. To avoid this mistake, double-check the spelling of the beneficiary's name and ensure that all required personal details, such as date of birth and country of citizenship, are included. Always refer to official documents to verify the accuracy of the information provided.

Failing to include the beneficiary's job title or the proposed employment dates can result in confusion regarding the nature of the employment. This information is essential for the evaluation of the petition. To prevent this error, clearly outline the job title and specify the start and end dates of the proposed employment. It is advisable to consult with the employer to ensure that all details are accurately represented.

Not providing a detailed description of the proposed employment address or job duties can hinder the assessment of the petition. This information is vital for determining the legitimacy of the employment offer. To avoid this mistake, include the complete address where the beneficiary will be working and provide a thorough description of the job duties. Collaborating with the employer to gather this information can help ensure completeness and accuracy.

Neglecting to include prior U.S. employment details when requested can lead to complications in the petition process. This information is often necessary for establishing the beneficiary's work history and eligibility. To avoid this oversight, review the form carefully to identify any sections that require prior employment information and ensure that all relevant details are included. Keeping a record of past employment can facilitate this process.

Not confirming whether the mailing address is the same as the physical address can lead to miscommunication and delays in receiving important correspondence. It is essential to provide accurate contact information to ensure that all notifications and documents reach the correct location. To avoid this mistake, take the time to verify both addresses and clearly indicate if they are the same or different. Regularly updating contact information can also help maintain accuracy.

Failing to provide complete information about the foreign employer or job titles can lead to delays or denials in processing the petition. It is essential to include the full name and address of the foreign employer, as well as the specific job title being offered. To avoid this mistake, double-check that all relevant details are accurately filled in and ensure that they match any supporting documentation. Providing comprehensive information helps establish the legitimacy of the petition and facilitates a smoother review process.

Selecting the incorrect option regarding controlled technology release can result in compliance issues and potential legal ramifications. It is crucial to understand the implications of each option and select the one that accurately reflects the nature of the job and the technology involved. To prevent this mistake, carefully review the definitions and requirements associated with controlled technology before making a selection. Consulting with a legal expert or the employer's compliance officer can also provide clarity and ensure the correct choice is made.

Neglecting to include the signatory's signature or the date can render the form invalid and lead to processing delays. The signature is a critical component that verifies the authenticity of the information provided. To avoid this oversight, ensure that the form is reviewed thoroughly before submission, and confirm that all required signatures and dates are included. It may be helpful to create a checklist of all necessary signatures to ensure nothing is overlooked.

If an interpreter was used during the preparation of the form, failing to include their information can lead to questions about the accuracy of the submission. Providing the interpreter's details helps establish transparency and accountability in the application process. To avoid this mistake, if an interpreter was involved, make sure to include their name, contact information, and a statement of their qualifications. This practice not only enhances the credibility of the application but also ensures compliance with the form's requirements.

When a preparer assists in completing the form, omitting their information can create confusion regarding who is responsible for the content of the application. Including the preparer's name, address, and contact information is essential for accountability and communication purposes. To prevent this mistake, always ensure that the preparer's details are filled out accurately if someone else has assisted in the preparation. This step is crucial for maintaining clear lines of communication and ensuring that any follow-up questions can be directed appropriately.

When additional sheets are necessary to provide further information, it is crucial to label them appropriately to ensure clarity and organization. Failing to do so can lead to confusion and delays in processing. To avoid this mistake, always clearly indicate the section of the form that the additional information pertains to and ensure that each sheet is numbered and labeled consistently. This practice not only aids in the review process but also demonstrates attention to detail.

Submitting a form without thorough review can result in errors that may lead to delays or denials. It is essential to double-check all entries for accuracy, including names, dates, and other critical information. To prevent this mistake, take the time to read through the entire form carefully and consider having a second person review it as well. This additional step can help catch any overlooked errors and ensure that the submission is complete and correct.

Omitting required signatures or fees is a frequent oversight that can halt the processing of your petition. Each form typically has specific requirements for signatures and associated fees that must be adhered to. To avoid this issue, carefully review the instructions for the form to ensure that all necessary signatures are included and that the correct fee is submitted. Keeping a checklist of required elements can be a helpful tool in ensuring that nothing is missed before submission.

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Fill out Form Form I-129S, Nonimmigrant Petition Based on Blanket L

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Compliance Form I-129S Validation Checks by Instafill.ai

Common Mistakes in Completing Form I-129S

Using incorrect ink color instead of black ink

Omitting the petitioner's mailing address or physical address

Failing to provide complete contact information for the petitioner

Not indicating if Form G-28 or G-28I is attached when applicable

Incorrectly answering the employment size question regarding H-1B or L status

Omitting beneficiary's full name or personal details

Missing beneficiary's job title or proposed employment dates

Not specifying proposed employment address or job duties

Not providing prior U.S. employment details when required

Failing to confirm if mailing address is the same as physical address

Omitting details about foreign employer or job titles

Failing to select the correct option for controlled technology release

Not providing the signatory's signature or date

Omitting interpreter's information if applicable

Not including preparer's information if someone else prepared the form

Failing to use additional sheets correctly and label them

Not reviewing the form for accuracy before submission

Submitting without required signatures or fees