Instructions For Form I-129 - Petition For A Nonimmigrant Worker

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OMB No. 1615-0009; Expires 07/31/2010
Instructions for Form I-129,
Department of Homeland Security
Petition for a Nonimmigrant Worker
U.S. Citizenship and Immigration Services
NOTE: You may file Form I-129 electronically. Go to our Internet Web site at and follow the detailed instructions on e-filing.
Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet and
indicate the number of the item to which the answer refers.
NOTE: A petition is not required for an E-1 or E-2
What Is the Purpose of This Form?
nonimmigrant visa or admission as a TN nonimmigrant from
Canada or Mexico. A petition is also not required for an
This form is used by an employer to petition U.S. Citizenship
H-1B1 Free Trade Nonimmigrant from Chile or Singapore.
and Immigration Services (USCIS) for an alien to come as a
These persons may apply directly to a U.S. Embassy or
nonimmigrant to the United States temporarily to perform
consulate abroad.
services or labor or to receive training as an:
A petition is required only to apply for a change or extension
1. H-1B, specialty occupation; an alien coming to perform
of stay in such status.
services of an exceptional nature relating to a project
NOTE: Form I-129 consists of a basic petition, individual
administered by the U.S. Department of Defense; a
supplements relating to specific classifications, and for H-1B
fashion model who has national and international
petitions, the H-1B Data Collection and Filing Fee Exemption
acclaim; an alien coming in accordance with a trade
Supplement with its particular instructions (formerly issued
agreement with Chile or Singapore.
separately as Form I-129W).
2. H-2A, temporary agricultural worker.
The following Table of Contents will help you locate
3. H-2B, temporary nonagricultural worker.
information on the form and each supplement:
4. H-3, trainee.
Table of Contents
Page
5. L-1, intracompany transferee.
I.
Instructions for Form I-129
6. O-1, alien of extraordinary ability in arts, science,
education, business, or athletics.
General Information
1
1. Petition Always Required
3
7. O-2, accompanying alien who is coming to the United
States to assist in the artistic or athletic performance of an
3
H Classifications
O-1 artist, or athlete.
H-1B Data Collection
4
7
8. P-1, internationally recognized athlete/entertainment
L Classification
group.
O and P Classifications
8
9. P-1S, essential support personnel for a P-1.
Q-1 Classification
10
10. P-2, artist or entertainer in reciprocal exchange program.
R-1 Classification
11
11. P-2S, essential support personnel for a P-2.
2. Petition Only Required for an Alien in
the United States to Change Status or
12. P-3, artist or entertainer coming to the United States to
15
Extend Stay
perform, teach, or coach under a program that is
E Classification
16
culturally unique.
Change of Status/Extension of Stay
13. P-3S, essential support personnel for a P-3.
(Includes Free Trade Nonimmigrants
14. Q-1, alien coming temporarily to participate in an
such as TN and H-1B1s)
16
international cultural exchange program.
18
General Evidence
15. R-1, religious worker.
When to File?
18
This form is used also by an employer to request an extension
Where to File?
18
of stay or change of status for the following nonimmigrants:
What is the Filing Fee?
21
1. E-1, treaty trader.
Processing Information, Penalties, Privacy
Act Notice, USCIS Information and Forms,
2. E-2, treaty investor.
and Paperwork Reduction Act
22
3. Free Trade Nonimmigrants, H-1B1s and TNs.
Form I-129 Instructions (Rev. 12/04/09)Y

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