FILLING OUT THE I-129 PETITION FOR NONIMMIGRANT WORKER

If a business, organization or company is sponsoring the foreign worker, write or type its name in the space provided here.

Enter the full address where you (the person or business/organization) sponsoring the foreign worker get your mail.

Type or print the phone number(s) and email address where you (the individual sponsor or business or organization) can be reached.

If you have a Federal Employer Identification Number, write or type it in the first box. If you have an Individual IRS Tax Number, write or type it in the second box. If you are an individual sponsor type or write your Social Security Number in the last box.

• Mark the first box (box “a”) if you are sponsoring a new employee for a new job or if you are requesting a different visa classification for a current employee.
• Mark the second box (box “b”) if the employee will remain in his or her current job without any changes to job title, responsibilities and so forth.
• Mark the third box (box “c”) if there is a minor change in the foreign worker’s employment.
  Mark the fourth box (box “d”) if the foreign worker will be employed by another individual or business in the same visa category.
• Mark the fifth box (box “e”) if the foreign worker will be working for a different individual or business and extending his or her visa classification.
• Mark the box (box “f”) if there has been a significant change in the foreign worker’s employment, such as a change in duties or responsibilities.

This will only apply if the person you are sponsoring has filed prior applications with USCIS or a similar agency. It includes 13 characters/digits and begins with a series of letters. If this doesn’t apply, write or type “None” in the space provided.

There are six boxes in this section. Mark the box that best explains why you are sponsoring the foreign worker(s) for the requested visa classification.

Write or type the number of workers you are sponsoring on this form in the box provided. If you have questions about how many workers can be sponsored on one form, see the Instructions for Form I-129, Petition for Nonimmigrant Worker.

This is where you should provide the full name of the person you are sponsoring. Be sure to use his or her real name. Do not provide false or inaccurate information on this or any other USCIS application.

Be sure to enter the nicknames, aliases, maiden name, and names from all previous marriages for the person/people you are sponsoring in the space provided.

In this section, you are asked to provide basic information about the beneficiary, including his or her gender, date of birth, citizenship/nationality, where he or she was born and so forth. If the beneficiary has had prior contact with USCIS or similar agencies and has an Alien Registration Number (A-Number), write or type it in the appropriate space.

You should only complete this section if the person you are sponsoring is now in the United States. You will need specific information from his or her passport and other applicable travel documents in order to fill out this section.

If the beneficiary lives in the United States, write or type his or her full address here. Do not provide his or her mailing address here, and do not include a post office box.

This section is self-explanatory. Simply mark the box to indicate whether or not the person you are sponsoring has a passport. If he or she doesn’t have one, you must explain why that is the case.

These questions are also fairly straight forward. Here USCIS wants to know more about this particular application and the person or people you are sponsoring. Be honest. Providing false or inaccurate information on this or any other USCIS application can have serious ramifications for you and/or the beneficiary.

This is where you (or the authorized representative) should sign and date this application.

Enter the daytime phone number and email address for the person who signed this form in the appropriate spaces.

If the person who prepared the form has his or her own business, the name of the business should be written or typed here.

Write or type the full address where the person who prepared the form receives his or her mail, and additional contact information as requested.

This is where the person who prepared the form should sign and date it. Failure to do so will result in the rejection of the application.

You must complete this part if the person you are filing for is coming here as an employee from a country with an applicable agreement with the United States. 1. through 4. Basic information — About the business These questions are self-explanatory.Write or type the name of the foreign company, the number of employees and the address in the appropriate spaces. In No. 4, USCIS is asking what the foreign company makes or sells, or what services it provides. 5. Basic information — About the employee Here, USCIS is asking for the employee’s job title, and any relevant information about his or her responsibilities, and how long he or she has worked for the company.

USCIS will use the answers provided in this section to help determine whether the beneficiary is qualified for the visa amendment or extension he or she is seeking based on certain criteria. seeking based on certain criteria. 1. through 7d. — Information pertaining to the U.S. business Provide the requested information about the relationship between the U.S. and foreign businesses, and when and where the U.S. business was incorporated. For No. 3, identify each owner of the U.S. company, the country where he or she is a citizen and his or her U.S. immigration status. For No. 4 through No. 6, provide the requested financial information and answer the questions about your U.S. employees in Question No. 7a. through d. 8. Information about the beneficiary’s role Provide the information requested about the beneficiary’s role in the U.S. company.

You should only answer the questions in this part if you are a U.S. employer sponsoring someone in need of an E-1 visa classification. 1. through 3. Trade and business information Simply provide the financial information requested to demonstrate the extent of the relationship between the U.S. company and applicable foreign country.

You should only complete this part if you are a U.S. employer sponsoring someone in need of an E-2 visa classification. Provide all of the requested information in the applicable spaces to help USCIS determine the extent of the investment.

Complete this section if you are the employer who filled out this form. Type or print your name in the spaces provided in Item 1. Sign and date the form in the spaces provided for Item 2. Provide your contact information in the spaces provided for Item 3.

If someone else (such as an attorney) completed this form for you based on information you provided they should complete this section. Items 1 through 4 are self-explanatory. Sign and date the form in the spaces provided for Item 5.

1. What the foreign worker will be doing
Write or print a detailed explanation of the type of work the beneficiary will be doing for you.

2. Current and past work experience
Write or print a detailed explanation of the beneficiary’s current job and past work experience.

3. *Signature and date
Be sure to sign and date this form in the spaces provided at the end of this section. Note that there are spaces for additional signatures if the prospective employee will be engaged in a “specialty occupation” or working on a U.S. Department of Defense project.

The H-2A visa classification is designated for temporary agricultural workers, and the H-2B visa classification is designated for temporary non-agricultural workers.

1. through 3. Reasons for employment
In these questions, USCIS wants to know why and how long you intend to employ the foreign worker(s).

4. through 6b. Information about beneficiary/beneficiaries
In these questions, USCIS is asking for basic information about the foreign worker/workers you intend to hire.

7. through 11. Employment/hiring practices
Here you should write or type the requested information about the methods used for hiring the worker/workers, any associated fees and so forth.

12a. and 12b. E-verify program
You should only answer this question if you are sponsoring a worker or workers for H2-A visas.

If you are the petitioner/sponsor and you completed this form on your own, sign and date the form in the spaces provided in Part A. If you are the employer but you authorized someone else to complete and file this form for you, you should sign and date the form in the spaces provided in Part B. All “joint-employers” should provide their names, sign and date the form in the spaces provided in Part C.

You should only fill out this section if you are sponsoring someone from another country as a trainee or special education exchange visitor. You don’t have to be an employer if you’re not going to hire the beneficiary once training is over.There is no need to sign this form.

1. through 7. Nature of training and employment (if any)
Here USCIS is asking for information about the type of training you intend to provide, and whether or not you will employee the foreign trainee once he or she finishes the training.You must provide additional details for each question that you answer affirmatively.

In this section, USCIS is asking for specific information about the employer petitioner in a series of nine “yes/no” questions to determine if you have to pay the American Competitiveness and Workforce Improvement Act (ACWIA) fee and if so, how much.

In this section, USCIS is asking for the information it needs to determine if the H-1B cap applies to your petition. The federal government created this cap to restrict the number of annual approvals. A set number of petitions are set aside for beneficiaries with a Master’s degree or higher related to the occupation. Employers that meet certain criteria are also exempt from the cap. There are only three questions (each of which has several parts) in this section.

There are just three questions in this section. Basically, USCIS wants to know where the beneficiary will be working. If he or she will be working at more than one place, the employer must pay a wage equal to or greater than the prevailing wage at all locations where he or she will work.

You should only complete this section if you are seeking an L visa for a specific person.

1. Type of classification
Mark the appropriate box to indicate whether you are seeking an L-1A visa for an executive or manager, or an L-1B visa for an employee with “specialized knowledge.”

2. Length of prior stays
Print or type the requested information about the duration of the beneficiary’s prior stays (if any) and his or her dependent family member’s stays in the U.S. when they held an H or L visa. You should only provide this information for the periods in which the beneficiary and his or her dependent family members (if any) were actually here in the last seven years.

3. and 4. Information about the foreign employer
Write or type the requested information about the overseas employer in the spaces provided.

5. through 8. Information about the beneficiary’s work experience and education
This is where you should provide the requested information about the beneficiary’s work with the foreign employer, the type of work he or she will be doing for the U.S. company, and his or her education.

9. through 11. Relationship between the U.S. and foreign companies
Here, USCIS is asking for information that will prove or disprove the claimed relationship between the U.S. company and the company overseas.

12. Reason for transfer
Mark the appropriate box to indicate whether or not the beneficiary is coming here to open a new office. If not, explain why he or she is being transferred.

13. Questions pertaining to L1-B visa classifications
You should only answer this set of questions if you are seeking an L1-B visa classification for a foreign worker with “specialized knowledge.” Specifically, USCIS wants to know where he or she will be working in the United States.

You should only fill out this portion of the form if you are seeking continuous approval for  transfers of employees from foreign to U.S. offices. As the U.S. employer (petitioner) you are only allowed to do this if your company/business has no less than three domestic and foreign branches, subsidiaries, or affiliates. In this section, you should write or print the names of all of the foreign and U.S. parent, branches, subsidiaries, and affiliates included in this petition.

Read the information provided in this section carefully to see which fees you must submit with this supplement and why.

1. through 3. Name, signature, date and contact information
This is where you (the petitioner) should type or print your name in the spaces provided; sign and date the form; and provide your contact information.

1. through 3. Name, signature and date, contact information
Read the information in this section carefully before signing this form. Once you have done so, print or type your name in the appropriate spaces, sign and date the form and provide your contact information.