Fillable Form I-129 (2017-2018)

What is Form I-129?



Form I-129, also called the "Request for Nonimmigrant Employee," is utilized by American employers seeking to hire foreign workers for temporary jobs across different fields. The sponsoring employer submits Form I-129 to the U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee. Upon approval, the foreign worker can proceed to apply for the relevant non-immigrant work visa at a U.S. Embassy or consulate in their country of origin.


How do I fill out Form I-129?

Get a copy of I-129 (2017-2018) template in PDF format.

GET A COPY

You can find a fillable copy of Form I-129 and its associated subforms here. Due to the length of the form and the various supplementary forms you may need to fill out, it is very, very important that you have all necessary documents prepared, and to double-check the form after everything has been filled out to ensure that all information entered is accurate, entered in the correct sections, and updated.

Petition For a Nonimmigrant Worker

Part 1 - Petitioner Information

Enter the following information about the petitioner in the spaces provided.

• Full legal name
• Company or Organization Name
• Mailing Address of Individual, Company, or Organization
  • In Care of
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
  • Province
  • Postal Code
  • Country
• Contact Information
  • Daytime Telephone Number
  • Mobile Telephone Number
  • Email Address
• Other Information
  • Federal Employer Identification Number (FEIN)
  • Individual Tax IRS Number
  • US Social Security Number

Part 2 - Information About This Petition

Line 1 - Requested Nonimmigrant Classification

Write the classification symbol associated with this petition.

Line 2 - Basis for Classification

Check only one from the following:

• New Employment
• Continuation of previously approved employment without change with the same employer
• Change in previously approved employment
• New concurrent employment
• Change of employer
• Amended petition

Line 3 - Most Recent Petition/Application Number

Enter the most recent petition or application number for the beneficiary. If there is no other petition or application, enter “None” instead.

Line 4 - Requested Action

Select only one box from the following:

• Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted
• (Only available if “New Employment” was checked in Line 2) Change the status and extend the stay of each beneficiary because the beneficiary(ies) is/are now in the United States in another status.
• Extend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status
• Amend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status
• Extend status of a nonimmigrant classification based on a free trade agreement.
• Change status of a nonimmigrant classification based on a free trade agreement

Line 5 - Total Number of Workers Included in this Petition

Enter the total number of workers you are filing this petition for.

Part 3 - Beneficiary Information

Enter the following information about the beneficiary(ies) you are filing this petition for.

• Group Name (if entertainment group)
• Name of beneficiary
• All other names of beneficiary
• Other information
  • Date of Birth
  • Gender
  • US Social Security Number
  • Alien Registration Number
  • Country of Birth
  • Province of Birth
  • Country of Citizenship or Nationality
• If the beneficiary is in the United States:
  • Date of Last Arrival
  • I-94 Arrival-Departure Record Number
  • Passport or Travel Document Number
  • Date Passport or Travel Document was issued
  • Date Passport or Travel Document expires
  • Passport or Travel Document country of issuance
  • Current Nonimmigrant status
  • Date status expires or D/S
  • Student and Exchange Visitor Information System Number
  • Employment Authorization Document Number
• Current Residential US Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code

Part 4 - Processing Information

Line 1 - US Consulate or Inspection Facility to Notify

If a beneficiary or beneficiaries named in Part 3 is/are outside the United States, or a requested extension of stay or change of status cannot be granted, state the US Consulate or inspection facility you want notified if this petition is approved.

• Type of office (check only one)
  • Consulate
  • Pre-flight inspection
  • Port of Entry
• Office Address (City
• US State or Foreign Country
• Beneficiary’s Foreign Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • Province
  • Postal Code
  • Country
• Does each person have a valid passport?
  • Yes
  • No (If you check this, proceed to Part 9 and type or print your explanation.)
• Are you filing any other petitions with this one?
  • Yes (Enter how many in the space provided)
  • No
• Are you filing any applications for replacement/initial I-94, Arrival-Departure Records with this petition?
  • Yes (Enter how many in the space provided)
  • No
• Are you filing any applications for dependents with this petition?
  • Yes (Enter how many in the space provided)
  • No
• Is any beneficiary in this petition in removal proceedings?
  • Yes (Proceed to Part 9 and list said beneficiary(ies) name(s))
  • No
• Have you ever filed an immigrant petition for any beneficiary in this petition?
  • Yes (Indicate how many in the space provided)
  • No
• Did you indicate you were filing a new petition in Part 2?
  • If yes, answer the questions below. Otherwise, proceed to the next item.
    • Has any beneficiary in this petition ever been given the classification you are now requesting within the last seven years?
      • Yes (Proceed to Part 9 and provide an explanation)
      • No
    • Has any beneficiary in this petition ever been denied the classification you are now requesting within the last seven years?
      • Yes (Proceed to Part 9 and provide an explanation)
      • No
• Have you ever previously filed a nonimmigrant petition for this beneficiary?
  • Yes (Provide an explanation in Part 9)
  • No
• If you are filing for an entertainment group, has any beneficiary in this petition not been with the group for at least one year?
  • Yes (Provide an explanation in Part 9)
  • No
• Has any Beneficiary in this position ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange visitor?
  • If Yes, enter the information requested below. Otherwise, proceed to the next part.
    • Provide the dates the beneficiary maintained status as a J-1 exchange visitor or J-2 dependent. Provide as well evidence of this status by attaching a copy of at least one of the requested documents.

Part 5 - Basic Information About the Proposed Employment and Employer

Attach the Form I-129 supplement relevant to the classification of the worker(s) you are requesting. Then enter the following information:

• Job Title
• LCA or ETA Case Number
• Work Address, if different from address noted on Part 1.
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
• Was an itinerary included with this petition?
• Will the beneficiary(ies) work for you off-site at another company or organization’s location?
• Will the beneficiary(ies) work exclusively in the commonwealth of the Northern Mariana Islands (CNMI)?
• Is this a full-time position?
  • If no, how many hours per week is the position?
• Wages (specify if the amount entered is by hour, week, month, or year)
• Other Compensation
• Dates of intended employment
• Type of business
• Year established
• Current number of employees in the United States
• Gross Annual Income
• Net Annual Income

Part 6 - Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States

Check only one of the boxes that applies.

• A license is not required from either the US Department of Commerce or the US Department of State to release such technology or technical data to the foreign person
• A license is required from the US Department of Commerce and/or the US Department of State to release such technology or technical data to the foreign person.

Part 7 - Declaration, Signature, and Contact Information of Petitioner or Authorized Signatory

Have the petitioner or authorized signatory enter their name, title, and contact information in the spaces provided, then have them sign the form and enter the date that the form was signed.

Part 8 - Declaration, Signature, and Contact Information of Person Preparing Form, if Other Than Petitioner

Have the person preparing this form on behalf of the petitioner (if any) enter the following information.

• Full legal name
• Name of business or organization (if any)
• Mailing Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
  • Province
  • Postal Code
  • Country
• Contact Information
  • Daytime Telephone Number
  • Fax Number
  • Email Address

Then have them sign the form in the space provided and enter the date the form was signed.

Part 9 - Additional Information About Your Petition for Nonimmigrant Worker

Enter any additional information for the previous items in this form here as necessary.

E1/E2 Classification Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary

Enter the name of the beneficiary.

Classification Sought

Select one from the following.

• E-1 Treaty Trader
• E-2 Treaty Investor
• E-2 CNMI Investor

Name of Country Signatory to Treaty with the United States

Enter the name of the country signatory.

Advice from USCIS to determine substantive changes in terms or conditions of E status

Check yes or no if such advice is necessary.

Section 1 - Information About the Employer Outside the United States

Enter the following information about the employer outside the US, if any.

• Name
• Total Number of Employees
• Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
  • Province
  • Postal Code
  • Country
• Principal Product, Merchandise, or Service
• Employee’s Position (Title, duties, number of years employed)

Section 2 - Additional Information about the US Employer

Enter the following information about the employer in the US.

• How is the US company related to the company abroad? (select one)
  • Parent
  • Branch
  • Subsidiary
  • Affiliate
  • Joint Venture
• Place of Incorporation or Establishment in the United States
• Date of Incorporation or Establishment
• Nationality of Ownership (Individual or Corporate)
  • Name
  • Nationality
  • Immigration Status
  • Percent of Ownership
• Assets
• Net Worth
• Net Annual Income
• Staff in the United States
  • Executive and managerial employees who are nationals of the treaty country (E, L, or H nonimmigrant status)
  • Persons with special qualifications who are either E, L, or H nonimmigrant status
  • Total number of employees in executive and managerial positions in the US
  • Total number of positions in the US that require persons with special qualifications
• Total number of employees that will be supervised by the employer. If employees are to be qualified based on special qualifications, explain why the special qualifications are essential to the successful or efficient operation of the treaty enterprise.

Section 3 - If Filing for an E-1 Treaty Trader

Enter the following information

• Total Annual Gross Trade/Business of the US Company
• For Year Ending
• Percent of total gross trade between the US and the treaty trader company

Section 4 - If Filing for an E-2 Treaty Investor

Enter information about the total investment in each of the following

• Cash
• Equipment
• Other
• Inventory
• Premises
• Total

Trade Agreement Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary

Enter the name of the beneficiary.

Employer

Indicate whether the employer is a US employer or a foreign employer. Then, if the employer is a foreigner, enter their country.

Section 1 - Information About Requested Extension or Change

Select only one box that corresponds to what this request is based on. You may choose from the following:

• Free Trade, Canada (TN1)
• Free Trade, Mexico (TN2)
• Free Trade, Chile (H-1B1)
• Free Trade, Singapore (H-1B1)
• Free Trade, Other
• A sixth consecutive request for free trade, Chile, or Singapore (H-1B1)

Section 2 - Petitioner’s Declaration, Signature, and Contact Information

Have the petitioner enter their full name, daytime telephone number, mobile phone number, and email address, then have them sign the form in the space provided and enter the date that the form was signed.

Section 3 - Declaration, Signature, and Contact Information of Person Preparing Form, if Other Than Petitioner

Have the person preparing this form on behalf of the petitioner (if any) enter the following information.

• Full legal name
• Name of business or organization (if any)
• Mailing Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
  • Province
  • Postal Code
  • Country
• Contact Information
  • Daytime Telephone Number
  • Fax Number
  • Email Address

Then have them sign the form in the space provided and enter the date the form was signed.

H Classification Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary, or Total Number of Beneficiaries

Enter the name of the beneficiary, or if there are multiple beneficiaries for this petition, enter the total number of beneficiaries.

Beneficiary Prior Periods of Stay in H or L Classification

Enter the following details per period of stay and per beneficiary.

• Subject Name
• Period of Stay (from what date to what date)

Classification Sought

Check only one box from the following:

• H-1B Specialty Occupation
• H-1B1 Chile and Singapore
• H-1B2 Exceptional services relating to a cooperative research and development project administered by the US Department of Defense
• H-1B3 Fashion model of distinguished merit and ability
• H-2A Agricultural worker
• H-2B Non-agricultural worker
• H-3 Trainee
• H-3 Special education exchange visitor program

Petition on behalf of a beneficiary subject to the Guam-CNMI cap exemption?

Check the box indicating whether or not you are making this petition on behalf of a beneficiary that is subject to the Guam-CNMI cap exemption.

Requesting change of employer, and beneficiary was previously subject to Guam-CNMI cap exemption?

Check the box indicating whether or not you are requesting a change of employer and the concerned beneficiary was previously subject to the Guam-CNMI cap exemption.

Does any beneficiary in this petition have ownership interest in the petitioning organization?

If your answer to this question is yes, enter a brief explanation in the space provided. Otherwise, proceed to the next section.

Section 1 - If Filing for H-1B Classification

Proposed Duties

Describe the proposed duties in the space provided.

Beneficiary’s Present Occupation and Summary of Prior Work Experience

Enter a short description of the beneficiary’s present occupation, as well as a short summary of their prior work experience.

Signatures

Have the petitioner, authorized official of the employer, and DOD project manager sign the form in the spaces provided, then enter their names and the date that they signed the form.

Section 2 - If Filing for H-2A or H-2B Classification

Employment

Check only one from the following:

• Seasonal
• Peak load
• Intermittent
• One-time occurrence

Temporary Need

Check only one from the following:

• Unpredictable
• Periodic
• Recurrent Annually

Temporary Need (Explanation)

Explain the nature or reason for your temporary need for the workers’ services.

List of Countries of Citizenship for H-2A or H-2B workers you plan to hire

List the countries that the workers you intend to hire have their citizenship in.

Information For Workers That Are Not From Countries Designated as a Participating Country

Enter the following information and answer the following questions for each worker that is not from a country that has been designated as a participating country under 8 CFR 214.2(h)(5)(i)(F)(1) o2 214.2(h)(6)(i)(E)(1)

• Full name
• All other names used
• Date of Birth
• Country of Birth
• Country of Citizenship or Nationality
• Workers listed above admitted to US previously in H-2A/2B status?
  • If yes, enter an explanation in Part 9 above.
• Visa Classification
• Do you plan to use a staffing, recruiting, or similar placement service or agent?
  • If yes, enter the following details about them in the space provided:
    • Name
    • Street Number and Name
    • Apartment/Suite/Floor Number
    • City or Town
    • State
    • ZIP Code
• Did any workers pay you as a condition of employment or have an agreement to pay you at a later date?
  • If yes, list the types and amounts of fees that the workers had to or have to pay.
• Were workers reimbursed for fees paid?
• Have you made inquiries to determine that the recruiter, facilitator, or other similar employment service that you used has not collected and will not collect any fees from the workers of this petition?
• Have you ever had an H-2A/2B petition revoked or denied due to a worker paying a job placement fee or similar?
  • If yes, enter when, and the receipt number associated.
• Were workers reimbursed for any such fees?
• Have any workers you are requesting experienced an interrupted stay associated with their entry as an H-2A/2B?
• Are you a participant in the E-Verify program?
  • If yes, provide your E-Verify company ID or client company ID.

Signatures

Have the Petitioner, Employer, or Joint Employers (whichever applies) sign the form in the space provided, then enter their name(s) and the date that they signed the form.

Section 3 - If Filing For H-3 Classification

Answer each of the following questions. If you answer yes to any, attach an explanation as to why.

• Is the training you intend to provide available in the beneficiary’s country?
• Will the training benefit the beneficiary in pursuing a career abroad?
• Does the training involve productive employment incidental to the training?
• Does the beneficiary already have skills related to the training?
• Is this training an effort to overcome a labor shortage?
• Do you intend to employ the beneficiary abroad at the end of this training?
  • If you answer no to this question, explain why in the space provided.

H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary

Enter the name of the beneficiary.

Section 1 - General Information

Employer Information

Answer the following questions as they apply. If a question does not apply, you may leave it blank.

• Is the petitioner an H-1B dependent employer?
• Has the petitioner ever been found to be a willful violator?
• Is the beneficiary an H-1B nonimmigrant exempt from the Department of Labor attestation requirements?
  • If yes, is it because the beneficiary’s annual rate of pay is equal to at least $60,000?
  • Or is it because the beneficiary has a master’s degree or higher degree in a specialty related to the employment?
• Does the petitioner employ 50 or more individuals in the United States?
  • If yes, are more than 50 percent of those employees in H-1B, L-1A, or L-1B nonimmigrant status?

Beneficiary’s Highest Level of Education

Select only one box that indicates the highest level of education obtained by the beneficiary.

• No diploma
• High school graduate diploma or equivalent
• Some college credit, but less than 1 year
• One or more years of college, no degree
• Associate’s degree
• Bachelor’s degree
• Master’s degree
• Professional degree
• Doctorate degree

Major/Primary Field of Study

Enter the primary field of study of the beneficiary.

Rate of Pay per Year

Enter the rate of pay per year.

DOT Code

Enter the DOT Code.

NAICS Code

Enter the NAICS Code.

Section 2 - Fee Exemption and/or Determination

Answer the following questions:

• Are you an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 USC 1001(a)?
• Are you a nonprofit organization or entity related to or affiliated with an institution of higher education, as defined in 8 CFR 214.2(h)(19)(iii)(B)?
• Are you a nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)?
• Is this the second or subsequent request for an extension of stay that this petitioner has filed for this alien?
• Is this an amended petition that does not contain any request for extensions of stay?
• Are you filing this petition to correct a USCIS error?
• Is the petitioner a primary or secondary education institution?
• Is the petitioner a nonprofit entity that engages in an established curriculum-related clinical training of students registered at such an institution?

If you answered “yes” to any of the above, you must submit the ACWIA fee for your H-1B Form I-129 petition. Otherwise, if you answered “no” to all of the above, answer the below question:

• Do you currently employ a total of 25 or fewer full-time equivalent employees in the US, including all affiliates or subsidiaries of this company/organization?

If you answer yes to the above question, you must pay an additional ACWIA fee of $750. If you answered no, the ACWIA fee will be $1500.

Section 3 - Numerical Limitation Information

Type of H-1B Petition

Check the box that corresponds to the type of H-1B petition you are filing.

• CAP H-1B Bachelor’s Degree
• CAP H-1B US Master’s Degree or Higher
• CAP H-1B1 Chile/Singapore
• CAP Exempt

If CAP H-1B US Master’s Degree or Higher was checked

Enter the following information:

• Name of the US Institution of Higher Education
• Date Degree Awarded
• Type of United States Degree
• Address of Institution
  • Street Number and Name
  • Apartment/Street/Floor Number
  • City or Town
  • State
  • ZIP Code

If CAP Exempt was checked

Check the box that corresponds to the reason this petition is exempt from the numerical limitation for H-1B classification:

• The petitioner is an institution of higher education as defined in section 101(a) of the Higher Education Act, of 1965, 20 USC 1001(a)
• The petitioner is a nonprofit entity related to or affiliated with an institution of higher education as defined in 8 CFR 214.2(h)(8)(ii)(F)(2).
• The petition is a nonprofit research organization or a governmental research organization as defined in 8 CFR 214.2(h)(8)(ii)(F)(3).
• The beneficiary will be employed at a qualifying cap exempt institution, organization or entity pursuant to 8 CFR 214.2(h)(8)(ii)(F)(4).
• The petitioner is requesting an amendment to or extension of stay for the beneficiary’s current H-1B classification
• The beneficiary of this petition is a J-1 nonimmigrant physician who has received a waiver based on section 214(1) of the Act.
• The beneficiary of this petition has been counted against the cap and (1) is applying for the remaining portion of the 6 year period of admission, or (2) is seeking an extension beyond the 6-year limitation based upon sections 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21)
• The petitioner is an employer subject to the Guam-CNMI cap exemption pursuant to Public Law 110-229.

Section 4 - Off-site Assignment of H-1B Beneficiaries

Mark yes or no as applies to each of the below.

• The beneficiary of this petition will be assigned to work at an off-site location for all or part of the period for which H-1B classification sought. If you mark no, do not complete the next two items.
• Placement of the beneficiary off-site during the period of employment will comply with the statutory and regulatory requirements of the H-1B nonimmigrant classification.
• The beneficiary will be paid the higher of the prevailing or actual wage at any and all off-site locations.

L Classification Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary

Enter the name of the beneficiary.

This Petition Is

Check the box that indicates whether this petition is an individual petition or a blanket position.

Does the Petitioner Employ 50 or more individuals in the US?

Check yes or no as applies to the above question. If you check Yes, check the box that answers whether or not more than 50% of those employees are in H-1B, L-1A, or L-1B nonimmigrant status.

Section 1 - If Filing For an Individual

Classification Sought

Check the box that corresponds to whether you are filing for an L-1A manager or executive or L-1B specialized knowledge classification.

Beneficiary Prior Periods of Stay in H or L Classification

Enter the following details per period of stay and per beneficiary.

• Subject Name
• Period of Stay (from what date to what date)

Name of Employer Abroad

Enter the name of the employer abroad.

Address of Employer Abroad

Enter the following address information about the employer abroad:

• Street Number and Name
• Apartment/Floor/Suite Number
• City or Town
• State
• ZIP Code
• Province
• Postal Code
• Country

Dates of Employment

Enter the dates of employment of the beneficiary with the employer, then enter a short explanation for any interruptions in employment, if any.

Duties

Enter a description of the beneficiaries duties with regards to their employment abroad for 3 years preceding the filing of this petition (or for the 3 years preceding the beneficiary’s admission to the United States if the beneficiary is currently inside the US)

Proposed Duties

Enter a description of the duties that the beneficiary would take up in the US.

Education and Work Experience

Enter a summary of the beneficiary’s education and work experience.

Stock Percentage and Managerial Control

Enter the percentage of stock ownership and managerial control of each company that has a qualifying relationship, as well as the Federal Employer Identification Number for each US company that has a qualifying relationship.

Then, answer the following questions.

• Do the companies currently have the same qualifying relationship as they did during the one-year period of the alien’s employment with the company abroad?
  • If you select no, provide an explanation in Part 9 above.
• Is the beneficiary coming to the United States to open a new office?
  • If no, attach an explanation.

If Seeking L-1B Specialized Knowledge Status for an Individual

Answer the following question and provide the requested details when applicable:

• Will the beneficiary be stationed primarily offsite?
  • If yes, describe how and by whom the beneficiary’s work will be controlled and supervised, alongside a description of the amount of time each supervisor is expected to control and supervise the work.
  • As well, describe the reasons why placement at another worksite outside the petitioner, subsidiary, affiliate, or parent is needed.

Section 2 - If Filing a Blanket Petition

All Included in Petition

Enter the names and addresses of each US and foreign parent, branch, subsidiary, and affiliate included in this petition, as well as their relationship to the parent company or organization.

Section 3 - Additional Fees

This section describes the fees associated with filing this petition.

O and P Classifications Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary, or Total Number of Beneficiaries

Enter the name of the beneficiary, or if there are multiple beneficiaries for this petition, enter the total number of beneficiaries.

Classification Sought

Check only one box from the following:

• O-1A Alien of extraordinary ability in sciences, education, business, or athletics
• O-1B Alien of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry
• O-2 Accompanying alien who is coming to the United States to assist in the performance of the O-1
• P-1 Major League Sports
• P-1 Athlete or Athletic/Entertainment Group
• P-1S Essential personnel for P-1
• P-2 Artist or entertainer for reciprocal exchange program
• P-2S Essential Support Personnel for P-2
• P-3 Artist/Entertainer coming to the US to perform, teach, or coach under a program that is culturally unique
• P-3S Essential Support Personnel for P-3

Nature of Event

Describe the nature of the event.

Duties to be Performed

Describe the duties that must be performed for the event.

If filing for O-2 or P support classification, Dates of Beneficiary’s prior work

Enter a list of dates of the beneficiary’s prior work experience under the principal O-1 or P alien.

Does any beneficiary in this petition have ownership interest in the petitioning organization?

If you answer “yes” to the above question, provide an explanation in the space provided. Otherwise, check “no” and proceed to the next item.

Does an appropriate labor organization exist for the petition?

If you answer “no” to this question, enter an explanation in Part 9. Otherwise check “yes” and proceed to the next item.

Is the required consultation or written advisory opinion being submitted with this petition?

If you answer “no” to this question, attach a copy of the relevant request to this form, and proceed to the next section. Otherwise, check “yes” or “N/A” as applicable.

O-1 Extraordinary Ability

Provide the following information about the organization(s) to which you have sent a duplicate of this petition.

• Name of Recognized Peer/Peer Group or Labor Organization
• Physical Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
• Date Sent
• Daytime Telephone Number

O-1 Extraordinary achievement in motion pictures or television

Provide the following information about the organization(s) to which you have sent a duplicate of this petition.

• Name of Labor Organization
• Complete Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
• Date Sent
• Daytime Telephone Number
• Name of Management Organization
• Physical Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
• Date Sent
• Daytime Telephone Number

O-2 or P Alien

Provide the following information about the organization(s) to which you have sent a duplicate of this petition.

• Name of Labor Organization
• Complete Address
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
• Date Sent
• Daytime Telephone Number

Section 2 - Statement by the Petitioner

Have the petitioner enter their full name, daytime telephone number, and email address in the spaces provided, then sign the form and enter the date that the form was signed.

Q-1 Classification Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary

Enter the name of the beneficiary.

Section 1 - Complete if you are filing for a Q-1 International Cultural Exchange Alien

Have the petitioner enter their full name, daytime telephone number, and email address in the spaces provided, then sign the form and enter the date that the form was signed.

R-1 Classification Supplement

Name of Petitioner

Enter the name of the petitioner.

Name of Beneficiary

Enter the name of the beneficiary.

Section 1 - If Filing For An R-1 Religious Worker

Employer Attestation

Provide the following information and answer the following questions about the petitioner:

• Number of members of the petitioner’s religious organization
• Number of employees working at the same location where the beneficiary will be employed
• Number of aliens holding special immigrant or nonimmigrant religious worker status currently employed or employed within the last five years
• Number of special immigrant religious worker petition(s) (I-360) and nonimmigrant religious worker petition(s) (I-129) filed by the petitioner within the past five years
• Has the beneficiary or any of their dependent family members previously been admitted to the US for a period of stay in the R visa classification in the last five years?
  • If you answer yes to this question, enter the names of each alien or dependent family member’s name and their period of stay.
• Summary of the type of responsibilities of those employees who work at the same location where the beneficiary will be employed.
  • Position
  • Summary of the responsibilities for that position
• Description of relationship between religious organization in the US and beneficiary’s organization (if applicable)

Information about Prospective Employment

Enter the following information about the prospective employment.

• Title of position offered
• Detailed description of the beneficiary’s proposed daily duties
• Description of the beneficiary’s qualifications for position offered
• Description of the proposed salaried compensation or non-salaried compensation
• List of the address(es) or location(s) where the beneficiary will be working

Petitioner Attestations

Answer whether or not the petitioner attests to all of the requirements as described in the form. Make sure to read each attestation clearly.

• The petitioner is a bona-fide non-profit religious organization or a bona fide organization that is affiliated with the religious denomination and is tax-exempt. If the petitioner is affiliated with the religious denomination, complete the Religious Denomination Certification included in this supplement.
  • Yes
  • No (explain why in the space below)
• The petitioner is willing and able to provide salaried or non-salaried compensation to the beneficiary.
  • Yes
  • No (explain why in the space below)
• If the beneficiary worked in the US in an R-1 status during the 2 years immediately before the petition was filed, the beneficiary received verifiable salaried or non-salaried compensation, or provided uncompensated self-support
  • Yes
  • No (explain why in the space below)
• If the position is not a religious vocation, the beneficiary will not engage in secular employment, and the petitioner will provide salaried or non-salaried compensation.
  • Yes
  • No (explain why in the space below)
• The offered position requires at least 20 hours of work per week.
  • Yes
  • No (explain why in the space below)
• The beneficiary has been a member of the petitioner’s denomination for at least two years immediately before Form I-129 was filed and is otherwise qualified to perform the duties of the offered position.
  • Yes
  • No (explain why in the space below)
• The petitioner will notify USCIS within 14 days if an R-1 alien is working less than the required number of hours or has been released from or has otherwise terminated employment before the expiration of a period of authorized R-1 stay.
  • Yes
  • No (explain why in the space below)

Attestation

Have the petitioner enter their full name, daytime telephone number, and email address in the spaces provided, then sign the form and enter the date that the form was signed.

Employer or Organization Address

Enter the following information about the employer or organization’s address.

• Street Number and Name
• Apartment/Suite/Floor Number
• City or Town
• State
• ZIP Code

Employer or Organization’s Contact Information

Enter the following information about the employer or organization’s contact information.

• Daytime Telephone Number
• Fax Number
• Email Address

Section 2 - Required Section For Petitioners Affiliated with Religious Denomination

Religious Denomination Certification

Enter the name of the employing organization and the name of the religious denomination they are affiliated with.

Signature of Authorized Representative

Have an authorized representative of the attesting organization enter their name and title in the spaces provided, then enter their signature in the space provided and the date that the form was signed.

Attesting Organization Name and Address

Enter the following information about the attesting organization’s name and address

• Name
• Street Number and Name
• Apartment/Suite/Floor Number
• City or Town
• State
• ZIP Code

Attesting Organization’s Contact Information

Enter the following information about the attesting organization’s contact information

• Daytime Telephone Number
• Fax Number
• Email Address

Attachment-1

Attach this to Form I-129 when more than one person is included in the petition. Make sure to list each person separately, not including the person already indicated in Form I-129.

Enter the following information for each other person included in the petition.

• Full name
• Date of Birth
• Gender
• US Social Security Number (if applicable)
• A-Number (if applicable)
• All other names used
• Intended US Address of Residence
  • Street Number and Name
  • Apartment/Suite/Floor Number
  • City or Town
  • State
  • ZIP Code
• Foreign Address
  • Street Number and Name
  • Apartment/Suite Floor Number
  • City or Town
  • State
  • ZIP Code
  • Province
  • Postal Code
  • Country
• Country of Birth
• Country of Citizenship or Nationality

If In the United States

Enter the following information in the spaces provided if the above person is already in the United States:

• Date of Last Arrival
• I-94 Departure Record Number
• Passport or Travel Document Number
• Date Passport or Travel Document Issued
• Date Passport or Travel Document Expires
• Country of Issuance for Passport or Travel Document
• Current Nonimmigrant Status
• Date Status Expires or D/S
• Student and Exchange Visitor Information System Number
• Employment Authorization Document Number

Frequently Asked Questions (FAQs)

How much does filing Form I-129 cost?

Besides the other fees explained in the supplementary forms, Form I-129 generally costs $460, and to be paid directly to USCIS at the time of filing.

Who shoulders the cost of filing?

Since Form I-140 is typically filed by the sponsoring employer on the foreign worker’s behalf, the employer is considered responsible for the filing costs.

Can I pay to have the processing of Form I-129 expedited?

Yes. If you opt for premium processing, however, you will need to pay an additional fee of $2500.

Can Form I-129 be extended?

Yes, Form I-129 can be extended in certain circumstances. The sponsoring employer must file a petition for extension before the expiration of the current petition.

How long is Form I-129 valid?

Generally, it is valid for the duration of the approved employment period.

Can Form I-129 be withdrawn after submission?

Yes, the sponsoring employer can withdraw Form I-129 after submission by sending a written request to USCIS. However, filing fees are not refundable.

Can Form I-129 be used for individuals in TN visa status?

No. TN visas are issued based on the North American Free Trade Agreement (NAFTA), and as such, separate processes apply.

Is Form I-129 used for all nonimmigrant worker categories?

No, Form I-129 is not used for all nonimmigrant worker categories. Some categories have their own specific forms tailored to their requirements.

What types of temporary employment does Form I-129 cover?

Form I-129 covers various categories of temporary employment, including specialty occupations, intra-company transfers, athletes, entertainers, and religious workers, among others. Make sure to read through all of the supplementary forms carefully to see if you are covered by the form.

What documents are required to submit along with Form I-129?

The required documents vary depending on the specific category of nonimmigrant worker and the sponsoring employer. Generally, documentation includes supporting evidence of the job offer and the foreign worker's qualifications.