table of changes –instructions instructions for form i … · general filing instructions 3...

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TABLE OF CHANGES –INSTRUCTIONSInstructions for Form I-129, Petition for a Nonimmigrant Worker

OMB Number: 1615-000910/06/2020

Reason for Revision: Strengthening H-1B IFRProject Phase: DHS/OGC Review

Legend for Proposed Text:• Black font = Current text• Red font = Changes

Expires 10/31/2021Edition Date 01/27/2020

Current Page Numberand Section

Current Text Proposed Text

,Table of Contents

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Table of ContentsPage

Instructions for Form I-129

General InformationThe Purpose of Form I-129 2Who May File Form I-129? 3General Filing Instructions 3Classification-Initial Evidence 6Information about the Beneficiary’sPublic Benefits 7

Part 1. Petition Always RequiredE-2 CNMI Classification 9H Classifications 10H-1B Data Collection 11L Classification 18O and P Classifications 19Q-1 Classification 23R-1 Classification 23

Part 2. Petition Only Required for anAlien in the United States to ChangeStatus or Extend StayE Classifications (not including E-2 CNMI)24Free Trade Nonimmigrant Classifications(H-1B1 and TNs) 26

Filing Requirements

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AILA Doc. No. 20100600. (Posted 10/9/20)

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Written Consultation for O and PNonimmigrants 27What Is the Filing Fee? 28When To File? 29Where To File? 29

Additional InformationProcessing Information 29USCIS Forms and Information 30USCIS Privacy Act Statement 30USCIS Compliance Review andMonitoring 31Paperwork Reduction Act 31

Page 3,Who May File Form I-129?

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Who May File Form I-129?

General. A U.S. employer may file thisform and applicable supplements to classifyan alien in any nonimmigrant classificationlisted in Part 1. or Part 2. of theseinstructions. A foreign employer, U.S.agent, or association of U.S. agriculturalemployers may file for certainclassifications as indicated in the specificinstructions.

Agents. A U.S. individual or company inbusiness as an agent may file a petition forworkers who are traditionally self-employed or workers who use agents toarrange short-term employment on theirbehalf with numerous employers, and incases where a foreign employer authorizesthe agent to act on its behalf. A petitionfiled by an agent must include a completeitinerary of services or engagements,including dates, names, and addresses ofthe actual employers, and the locationswhere the services will be performed. Apetition filed by a U.S. agent mustguarantee the wages and other terms andconditions of employment by contractualagreement with the beneficiary orbeneficiaries of the petition. Theagent/employer must also provide anitinerary of definite employment andinformation on any other services plannedfor the period of time requested.

Including more than one alien in apetition. You may include on the samepetition multiple aliens who seek admissionin the H-2A, H-2B, H-3, P-1, P-2, P-3, P-

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Who May File Form I-129?

General. A U.S. employer may file thisform and applicable supplements to classifyan alien in any nonimmigrant classificationlisted in Part 1. or Part 2. of theseinstructions. A foreign employer, U.S.agent, or association of U.S. agriculturalemployers may file for certainclassifications as indicated in the specificinstructions.

Agents. A U.S. individual or company inbusiness as an agent may file a petition forworkers who are traditionally self-employed or workers who use agents toarrange short-term employment on theirbehalf with numerous employers, and incases where a foreign employer authorizesthe agent to act on its behalf. A petitionfiled by an agent must include a completeitinerary of services or engagements,including dates, names, and addresses ofthe actual employers, and the locationswhere the services will be performed. Apetition filed by a U.S. agent mustguarantee the wages and other terms andconditions of employment by contractualagreement with the beneficiary orbeneficiaries of the petition. The agentmust also provide an itinerary of definiteemployment and information on any otherservices planned for the period of timerequested.

Including more than one alien in apetition. You may include on the samepetition multiple aliens who seek admissionin the H-2A, H-2B, H-3, P-1, P-2, P-3, P-


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1S, P-2S, P-3S, O-2, or Q-1 classificationsprovided all will:

1. Be employed for the same period oftime; and

2. Perform the same services, receive thesame training, or participate in the sameinternational cultural exchange program.

NOTE: Employers must file a separateForm I-129 to petition for O and P essentialsupport personnel apart from any petitionthey file for O or P principal aliens or Pgroup or team. All essential-supportbeneficiaries listed on this petition mustestablish prior essentiality to the principalO or P aliens.

Exception: It is recommended that H-2Aand H-2B petitions for workers fromcountries not listed on the respective“Eligible Countries List” be filedseparately. See www.uscis.gov for the listof H-2A and H-2B participating countries.

Multiple locations. A petition for aliens toperform services or labor or receivetraining in more than one location mustinclude an itinerary with the dates andlocations where the services or training willtake place.

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1S, P-2S, P-3S, O-2, or Q-1 classificationsprovided all will:

1. Be employed for the same period oftime; and

2. Perform the same services, receive thesame training, or participate in the sameinternational cultural exchange program.

NOTE: Employers must file a separateForm I-129 to petition for O and P essentialsupport personnel apart from any petitionthey file for O or P principal aliens or Pgroup or team. All essential-supportbeneficiaries listed on this petition mustestablish prior essentiality to the principalO or P aliens.

Exception: It is recommended that H-2Aand H-2B petitions for workers fromcountries not listed on the respective“Eligible Countries List” be filedseparately. See www.uscis.gov for the listof H-2A and H-2B participating countries.

Multiple locations. A petition for aliens toperform services or labor or receivetraining in more than one location mustinclude an itinerary with the dates andlocations where the services or training willtake place. This general itineraryrequirement does not apply to H-1Bpetitions.

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Pages 3-6,General FilingInstructions

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General Filing Instructions

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How to Fill Out Form I-129

1. Type or print legibly in black ink.

2. Complete the basic form and any relatingsupplements.

3. If you need extra space to complete anyitem, go to Part 10., AdditionalInformation About Your Petition forNonimmigrant Worker, indicate the Page

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General Filing Instructions

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How to Fill Out Form I-129

1. Type or print legibly in black ink.

2. Complete the basic form and any relatingsupplements.

3. If you need extra space to complete anyitem, go to Part 10., AdditionalInformation About Your Petition forNonimmigrant Worker, indicate the Page


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Number, Part Number, and ItemNumber to which your answer refers, anddate and sign each sheet.

4. Answer all questions fully andaccurately. If an item is not applicable orthe answer is “none,” type or print “N/A.”

5. Submit a duplicate copy of the petitionand all supporting documentation. Failureto do so may result in delays inprocessing this petition or in visaprocessing abroad.

Petitioner Information

Complete the “Legal Name of Petitioner”field (if the petitioner is an individualperson or a company or organization). Formailing address, list the address of thepetitioner’s primary office within theUnited States. This address will determinethe filing jurisdiction if the beneficiary willbe providing services or completingtraining in multiple locations.

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Number, Part Number, and ItemNumber to which your answer refers, anddate and sign each sheet.

4. Answer all questions fully andaccurately. If an item is not applicable (forexample, if you have never been marriedand the question asks, “Provide the name ofyour current spouse”), type or print “N/A.”If your answer to a question which requiresa numeric response is zero or none (forexample, “How many children do youhave” or “How many times have youdeparted the United States”), type or print“None” unless otherwise directed.

5. Submit a duplicate copy of the petitionand all supporting documentation. Failureto do so may result in delays inprocessing this petition or in visaprocessing abroad.

Petitioner Information

If you are an individual or sole proprietorfiling this petition, complete Item Number1. If you are a company or anorganization filing this petition, completeItem Number 2.

Item Number 2. Petitioning Company orOrganization Name. If you are acompany or an organization filing thisapplication, provide the name of yourcompany or organization.

For mailing address, list the address of thepetitioner’s primary office within theUnited States. This address will determinethe filing jurisdiction if the beneficiary willbe providing services or completingtraining in multiple locations.

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Pages 10-25,Part 1. Petition AlwaysRequired

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Part 1. Petition Always Required

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Part 1. Petition Always Required

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H-1B Nonimmigrants (Three Types)

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The H-1B classification is for alienscoming to the United States temporarilyto perform services in a specialtyoccupation.

Write H-1B in the classification block.

A specialty occupation is one that requiresthe theoretical and practical application of abody of highly specialized knowledge tofully perform the occupation and requiresthe attainment of a bachelor’s or higherdegree in a specific specialty, or itsequivalent, as a minimum for entry into theoccupation in the United States.

H-1B Nonimmigrants (Three Types)

NOTE: For all H-1B petitions, a U.S.employer is a person, firm, corporation,company, or other association ororganization in the United States that:

1. Engages the beneficiary to work withinthe United States, and has a bona fide, non-speculative job offer for the beneficiary;

2. Has an employer-employee relationshipwith respect to employees under this part;and

3. Has an Internal Revenue Service taxidentification number.

The H-1B classification is for alienscoming to the United States temporarilyto perform services in a specialtyoccupation.

Write H-1B in the classification block.

A specialty occupation is one that requiresthe theoretical and practical application of abody of highly specialized knowledge infields of human endeavor (such asarchitecture, engineering, mathematics,physical sciences, social sciences, medicineand health, education, business specialties,accounting, law, theology, or the arts) andrequires the attainment of a U.S. bachelor’sor higher degree in a directly relatedspecific specialty, or its equivalent, as aminimum for entry into the occupation inthe United States. The required specializedstudies must be directly related to theposition. A position is not a specialtyoccupation if attainment of a generaldegree, such as business administration orliberal arts, without further specialization,is sufficient to qualify for the position.While a position may allow a range ofdegrees or apply multiple bodies of highlyspecialized knowledge, each of thosequalifying degree fields must be directlyrelated to the proffered position. Aproffered position does not meet thedefinition of specialty occupation unless italso satisfies at least one of the followingcriteria:


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The petition must be filed by a U.S.employer or a U.S. agent and must be filedwith:

1. Evidence that a labor conditionapplication (LCA) has been certified by theU.S. Department of Labor;

2. Evidence showing that the proposedemployment qualifies as a specialtyoccupation;

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3. Evidence showing that the beneficiaryhas the required degree by submittingeither:

1. A U.S. baccalaureate or higher degree ina directly related specific specialty, or itsequivalent, is the minimum requirement forentry into the particular occupation inwhich the beneficiary will be employed;

2. A U.S. baccalaureate or higher degree ina directly related specific specialty, or itsequivalent, is the minimum requirement forentry into parallel positions at similarorganizations in the employer’s UnitedStates industry;

3. The employer has an established practiceof requiring a U.S. baccalaureate or higherdegree in a directly related specificspecialty, or its equivalent, for the position.The petitioner must also establish that theproffered position requires such a directlyrelated specialty degree, or its equivalent,to perform its duties; or

4. The specific duties of the profferedposition are so specialized, complex orunique that they can only be performed byan individual with a U.S. baccalaureate orhigher degree in a directly related specificspecialty, or its equivalent.

A petition must include evidence that theposition meets the definition of specialtyoccupation and at least one of these criteria.

The petition must be filed by a U.S.employer or a U.S. agent and must be filedwith:

1. Evidence that a labor conditionapplication (LCA) has been certified by theU.S. Department of Labor;

2. Evidence showing that the proposedemployment qualifies as a specialtyoccupation;

3. Evidence that the employer has actualwork in a specialty occupation, availablefor the beneficiary as of the start date of thevalidity period, as requested on the petition;

4. Evidence showing that the beneficiaryhas the required degree by submittingeither:


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A. A copy of the beneficiary’s U.S.bachelor’s or higher degree as required bythe specialty occupation;

B. A copy of a foreign degree and evidencethat it is equivalent to the U.S. degree; or

C. Evidence of education, specializedtraining, and/or progressively responsibleexperience that is equivalent to the requiredU.S. degree.

4. A copy of any required license or otherofficial permission to practice theoccupation in the state of intendedemployment; and

5. A copy of any written contract betweenthe petitioner and the beneficiary or asummary of the terms of the oral agreementunder which the beneficiary will beemployed.

6. If you are filing an H-1B cap petition fora fiscal year that H-1B registration isrequired, you must provide a validBeneficiary Confirmation Number for thebeneficiary included in this petition, alongwith a copy of the H-1B RegistrationSelection Notice.

NOTE: This evidence requirement is notapplicable to H-1B2 petitions.

7. Off-site Assignment of H-1BBeneficiaries: Petitioners seeking to placethe H-1B beneficiary off-site at a locationother than their own location must answergeneral questions regarding this assignmentin Part 5., Basic Information About theProposed Employment and Employer.Petitioners should advise the H-1Bbeneficiary of the off-site work placement.

A. A copy of the beneficiary’s U.S.bachelor’s or higher degree as required bythe specialty occupation;

B. A copy of a foreign degree and evidencethat it is equivalent to the U.S. degree; or

C. Evidence of education, specializedtraining, and/or progressively responsibleexperience that is equivalent to the requiredU.S. degree.

5. A copy of any required license or otherofficial permission to practice theoccupation in the state of intendedemployment; and

6. A copy of any written contract betweenthe petitioner and the beneficiary or, ifthere is no written agreement, a summaryof the terms of the oral agreement underwhich the beneficiary will be employed.

7. If you are filing an H-1B cap petition fora fiscal year that H-1B registration isrequired, you must provide a validBeneficiary Confirmation Number for thebeneficiary included in this petition, alongwith a copy of the H-1B RegistrationSelection Notice.

NOTE: This evidence requirement is notapplicable to H-1B2 petitions.

8. H-1B Beneficiaries Working at Third-Party Worksites: Petitioners seeking toplace the H-1B beneficiary at one or morethird-party worksites must answer generalquestions regarding this assignment in Part5., Basic Information About theProposed Employment and Employer.Petitioners should advise the H-1Bbeneficiary of their intended placement at athird-party worksite. “Third-partyworksite” means a worksite, other than thebeneficiary’s residence in the United States,that is not owned or leased, and notoperated, by the petitioner. A “worksite”means the physical location where the workactually is performed by the H-1Bnonimmigrant. A “worksite” will notinclude any location that would not beconsidered a “worksite” for LCA purposes.


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Additionally, petitioner should submit anitinerary that shows the dates and places ofassignment if the beneficiary will beproviding services at more than onelocation.

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General H-1B Requirements

NOTE: Where the beneficiary will beplaced at a third-party worksite, themaximum validity period is one year.

Additionally, petitioners seeking to placethe H-1B beneficiary at a third-partyworksite must submit evidence such ascontracts, work orders, or other similarcorroborating evidence showing that thepetitioner will have an employer-employeerelationship with the beneficiary, and thatthe beneficiary will perform services in aspecialty occupation at the third-partyworksite(s).

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General H-1B Requirements

H Classification Supplement

Section 1, Item Number 7. Select all ofthe checkboxes that apply, according to theexplanations for each option (a. throughd.).

a. Recapture time. This is time thebeneficiary spent outside the United Statesor in a nonimmigrant status other than H-1B, H-2, H-3, or L-1, since first obtainingH-1B or L-1 status and for purposes ofcalculating the beneficiary’s 6-year periodof authorized admission.

b. 3-year Per-Country LimitationsExemption. This is an exemption under 8CFR 214.2(h)(13)(iii)(E) to the 6-yearmaximum period of H-1B admission. Abeneficiary may receive this exemption ifthey are:

1. The beneficiary of an approvedimmigrant petition granted under INAsection 203(b)(1), (2), or (3); and

2. Eligible to be granted immigrant statusbut for application of the per countrylimitations.

c. 1-year Lengthy Adjudication DelayExemption. This is an exemption under 8CFR 214.2(h)(13)(iii)(D) to the 6-yearmaximum period of H-1B admission. Abeneficiary may receive an extension in


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Three relevant laws impacting the filing ofH-1B and/or L visa petitions; include:

one-year increments beyond the maximumperiod of H-1B admission, if at least 365days have passed since:

1. The filing of a permanent laborcertification with the Department of Laborfor the purpose of filing an immigrant visapetition under INA section 203(b); or

2. The filing of an immigrant visa petition(Form I-140) with USCIS under INAsection 203(b).

The extension can be approved for up toone year until the approved permanentlabor certification expires or a finaldecision has been made to:

A. Deny the application for permanentlabor certification, or, if approved, revokeor invalidate;

B. Deny the immigrant visa petition, or, ifapproved, revoke;

C. Deny or approve the beneficiary’sapplication for an immigrant visa orapplication to adjust status to lawfulpermanent residence; or

D. Administratively or otherwise close theapplication for permanent laborcertification, immigrant visa petition, orapplication to adjust status.

A beneficiary is not eligible for furtherextensions if the beneficiary fails to file anadjustment of status application or applyfor an immigrant visa within one year of animmigrant visa being authorized forissuance based on their preference categoryand country of chargeability.

d. A time limit exemption because thebeneficiary did not reside continually in theUnited States and the beneficiary’semployment was intermittent, seasonal, orfor an aggregate of six months or less peryear.

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

Three relevant laws impacting the filing ofH-1B and/or L visa petitions; include:


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1. The American Competitiveness andWorkforce Improvement Act (ACWIA),Public Law 105-277 (signed into law onOctober 21, 1998);

2. The H-1B Visa Reform Act of 2004(signed into law on December 8, 2004); and

3. Public Law 114-113 (signed into law onDecember 18, 2005).

Because of ACWIA, H-1B and H-1B1 freetrade nonimmigrant petitioners mustcomplete the H-1B Data Collection andFiling Fee Exemption Supplement, which ispart of this petition. We use thissupplement (formerly issued separately asForm I-129W) to collect additionalinformation about the H-1B nonimmigrantworkers and the H-1B petitioners, and todetermine the applicability of feesmandated by ACWIA (INA section214(c)(9)), the H-1B1 Visa Reform Act of2004 (INA section 214(c)(12)), and PublicLaw 114-113.

A petitioner seeking initial approval of H-1B or L nonimmigrant status for abeneficiary, or seeking approval to employan H-1B or L nonimmigrant currentlyworking for another employer, must submitan additional $500 Fraud Prevention andDetection fee. This fee does not apply toH-1B1 petitions. The Form I-129 willserve as the vehicle for collection of the$500 fee.

Those petitioners required to submit the$500 Fraud Prevention and Detection feeare also required to submit either anadditional $4,000 (H-1B) or $4,500 (L-1)fee mandated by Public Law 114-113, if:

1. The petitioner employs 50 or moreindividuals in the United States;

2. More than 50 percent of those employeesare in H-1B or L-1A or L-1B nonimmigrantstatus; and

3. The petition is filed on or afterDecember 18, 2015.

1. The American Competitiveness andWorkforce Improvement Act (ACWIA),Public Law 105-277 (signed into law onOctober 21, 1998);

2. The H-1B Visa Reform Act of 2004(signed into law on December 8, 2004); and

3. Public Law 114-113 (signed into law onDecember 18, 2005).

Because of ACWIA, H-1B and H-1B1 freetrade nonimmigrant petitioners mustcomplete the H-1B Data Collection andFiling Fee Exemption Supplement, which ispart of this petition. We use thissupplement (formerly issued separately asForm I-129W) to collect additionalinformation about the H-1B nonimmigrantworkers and the H-1B petitioners, and todetermine the applicability of feesmandated by ACWIA (INA section214(c)(9)), the H-1B1 Visa Reform Act of2004 (INA section 214(c)(12)), and PublicLaw 114-113.

A petitioner seeking initial approval of H-1B or L nonimmigrant status for abeneficiary, or seeking approval to employan H-1B or L nonimmigrant currentlyworking for another employer, must submitan additional $500 Fraud Prevention andDetection fee. This fee does not apply toH-1B1 petitions. The Form I-129 willserve as the vehicle for collection of the$500 fee.

Those petitioners required to submit the$500 Fraud Prevention and Detection feeare also required to submit either anadditional $4,000 (H-1B) or $4,500 (L-1)fee mandated by Public Law 114-113, if:

1. The petitioner employs 50 or moreindividuals in the United States;

2. More than 50 percent of those employeesare in H-1B or L-1A or L-1B nonimmigrantstatus; and

3. The petition is filed on or afterDecember 18, 2015.


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The Fraud Prevention and Detection Feeand Public Law 114-113 Fee, whenapplicable, may not be waived. Each feeshould be submitted by separate checkor money order.

To determine if they are subject to any ofthese fees, petitioners must complete the H-1B and H1B1 Data Collection and FilingFee Exemption Supplement discussedbelow.

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

A U.S. employer or U.S. agent who seek toplace a beneficiary in H-1B classification(including H-1B1 classification for freetrade aliens from Chile and Singapore)must file this supplement.

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8. DOT Code. The DOT Code is a three-digit occupational group for professional,technical, and managerial occupations andfashion models that can be obtained fromthe Dictionary of Occupational Titles. Areference chart can be found on our websiteat www.uscis.gov.

The Fraud Prevention and Detection Feeand Public Law 114-113 Fee, whenapplicable, may not be waived. Each feeshould be submitted by separate checkor money order.

To determine if they are subject to any ofthese fees, petitioners must complete the H-1B and H1B1 Data Collection and FilingFee Exemption Supplement. A U.S.employer or U.S. agent who seek to place abeneficiary in H-1B classification(including H-1B1 classification for freetrade aliens from Chile and Singapore)must file this supplement.

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8. SOC Code. This is the StandardOccupational Classification (SOC) code.You can obtain the SOC codes from DOL,Bureau of Labor Statistics atwww.bls.gov/soc. Type or print the codefrom left to right, one digit in each of thesix boxes.

Paperwork Reduction Act

An agency may not conduct or sponsor aninformation collection, and a person is notrequired to respond to a collection ofinformation unless it displays a currentlyvalid OMB control number. The publicreporting burden for this collection ofinformation is estimated for Form I-129 at2.84 hours; E-1/E-2 Classification at .67hours; Trade Agreement Supplement at .67hours; H Classification Supplement at 2hours; H-1B and H-1B1 Data Collectionand Filing Fee Exemption Supplement at 1hour; L Classification Supplement to FormI-129 at 1.34 hours; P ClassificationsSupplement to Form I-129 at 1 hour; Q-1Classification Supplement at .34 hours; R-1Classification Supplement at 2.34 hours;and Form I-129 ATT at .33 hours,including the time for reviewinginstructions, gathering the requireddocumentation and completing andsubmitting the request. Send comments

Paperwork Reduction Act

An agency may not conduct or sponsor aninformation collection, and a person is notrequired to respond to a collection ofinformation unless it displays a currentlyvalid OMB control number. The publicreporting burden for this collection ofinformation is estimated for Form I-129 at2.84 hours; E-1/E-2 Classification at .67hours; Trade Agreement Supplement at .67hours; H Classification Supplement at 2.5hours; H-1B and H-1B1 Data Collectionand Filing Fee Exemption Supplement at 1hour; L Classification Supplement to FormI-129 at 1.34 hours; P ClassificationsSupplement to Form I-129 at 1 hour; Q-1Classification Supplement at .34 hours; R-1Classification Supplement at 2.34 hours;and Form I-129 ATT at .33 hours,including the time for reviewinginstructions, gathering the requireddocumentation and completing andsubmitting the request. Send comments


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regarding this burden estimate or any otheraspect of this collection of information,including suggestions for reducing thisburden to: U.S. Citizenship andImmigration Services, RegulatoryCoordination Division, Office of Policy andStrategy, 20 Massachusetts Ave NW,Washington, DC 20529-2140; OMB No1615-0009. Do not mail your completedForm I-129 to this address.

regarding this burden estimate or any otheraspect of this collection of information,including suggestions for reducing thisburden to: U.S. Citizenship andImmigration Services, RegulatoryCoordination Division, Office of Policy andStrategy, 20 Massachusetts Ave NW,Washington, DC 20529-2140; OMB No1615-0009. Do not mail your completedForm I-129 to this address.


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