Form I-129, officially titled the “Petition for a Nonimmigrant Worker,” is a document used by employers in the United States to petition the U.S. Citizenship and Immigration Services (USCIS) for permission to bring a nonimmigrant worker to the United States. Nonimmigrant workers are individuals who seek to enter the U.S. on a temporary basis for specific purposes, such as employment, training, or other authorized activities.
The purpose of Form I-129 is to establish the eligibility of the employer and the intended employee for the requested nonimmigrant classification. It is used for various visa categories, including but not limited to H-1B (specialty occupation workers), L-1 (intracompany transferees), O-1 (individuals with extraordinary ability or achievement), and more.
The form collects information about the employer, the prospective employee, the offered position, and the specific terms of employment. The employer submits the completed Form I-129 along with supporting documentation to USCIS for review. If approved, the nonimmigrant worker can then apply for a visa at a U.S. consulate or embassy to enter the United States for the approved purpose and duration.
It’s important to note that the use of Form I-129 is specific to nonimmigrant workers, and there are different forms for other immigration purposes, such as immigrant petitions for permanent residency.
Who is eligible to file Form I-129?
Form I-129 is typically filed by U.S. employers or their authorized representatives on behalf of foreign nationals who are seeking to come to the United States for temporary employment or other authorized nonimmigrant purposes. The eligibility to file Form I-129 depends on the specific nonimmigrant category under which the foreign national is seeking entry. Some common categories for which Form I-129 is used include:
- H-1B: Specialty Occupation Workers: Employers seeking to hire foreign workers in specialty occupations, which generally require a higher education degree.
- L-1: Intracompany Transferees: Employers transferring foreign employees who work in executive, managerial, or specialized knowledge positions within the same company or its affiliates.
- O-1: Individuals with Extraordinary Ability or Achievement: Employers petitioning for foreign individuals with exceptional abilities or achievements in fields such as science, arts, education, business, or athletics.
- TN: NAFTA Professionals: Employers in the United States seeking to hire Canadian or Mexican professionals under the North American Free Trade Agreement (NAFTA).
- E-2: Treaty Investors: Employers investing a substantial amount of capital in a U.S. business and seeking to bring employees who are nationals of a country with which the U.S. has a qualifying treaty.
- P: Athletes, Artists, and Entertainers: Employers sponsoring foreign athletes, artists, or entertainers to perform or compete in the U.S.
- R-1: Religious Workers: Religious organizations petitioning for foreign workers to perform religious duties or work in a religious occupation.
These are just a few examples, and there are other nonimmigrant categories covered by Form I-129. It’s crucial for the petitioner (usually the employer) to carefully review the eligibility criteria for the specific category and provide all required documentation to support the petition. Additionally, the foreign national must meet the qualifications and requirements for the intended nonimmigrant status.
I-129 checklist
The specific requirements and documentation needed for Form I-129 can vary depending on the nonimmigrant category for which the petition is being filed. However, here is a general checklist that may be applicable to many Form I-129 petitions. Be sure to check the specific instructions for the particular nonimmigrant category to ensure compliance:
- Form I-129:
- Ensure the latest version of the form is used.
- Complete all sections of the form accurately and legibly.
- Sign and date the form.
- Filing Fee:
- Include the appropriate filing fee as specified in the USCIS fee schedule.
- Check the USCIS website or the form instructions for the current fee amount.
- Supporting Documentation:
- Provide supporting documentation relevant to the specific nonimmigrant category. This may include:
- Job offer letter or employment contract.
- Documentation establishing the employer’s eligibility and financial viability.
- Educational and professional credentials of the beneficiary.
- Evidence of the beneficiary’s qualifications for the specific nonimmigrant category.
- Itinerary, if applicable.
- Letters of support or recommendation.
- Any additional documents required for the specific category (check form instructions).
- Provide supporting documentation relevant to the specific nonimmigrant category. This may include:
- Labor Condition Application (LCA):
- If applicable (e.g., for H-1B petitions), include a certified LCA from the Department of Labor.
- Public Access File (if applicable):
- For H-1B and H-1B1 petitions, maintain a public access file containing certain documentation related to the employment of H-1B nonimmigrant workers.
- Consular Processing:
- If the beneficiary will apply for a visa at a U.S. consulate or embassy, include any required forms or documentation for consular processing.
- Premium Processing (if applicable):
- If expedited processing is desired, include the appropriate premium processing fee (if available for the specific category).
- Translation:
- If any documents are not in English, include certified translations.
- Organize and Label Documents:
- Clearly organize and label all documents to facilitate the review process.
- Check for Updates:
- Before submission, check the USCIS website for any updates or changes in filing requirements.
It’s important to note that this checklist is a general guide, and the requirements may vary depending on the specific nonimmigrant category. Always refer to the latest version of the form instructions and USCIS guidelines for the most accurate and up-to-date information. Additionally, seeking legal advice or assistance may be beneficial, especially for complex cases.