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


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.
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
5. L-1, intracompany transferee.
Instructions for Form I-129
6. O-1, alien of extraordinary ability in arts, science,
education, business, or athletics.
General Information
1. Petition Always Required
7. O-2, accompanying alien who is coming to the United
States to assist in the artistic or athletic performance of an
H Classifications
O-1 artist, or athlete.
H-1B Data Collection
8. P-1, internationally recognized athlete/entertainment
L Classification
O and P Classifications
9. P-1S, essential support personnel for a P-1.
Q-1 Classification
10. P-2, artist or entertainer in reciprocal exchange program.
R-1 Classification
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
Extend Stay
perform, teach, or coach under a program that is
E Classification
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)
international cultural exchange program.
General Evidence
15. R-1, religious worker.
When to File?
This form is used also by an employer to request an extension
Where to File?
of stay or change of status for the following nonimmigrants:
What is the Filing Fee?
1. E-1, treaty trader.
Processing Information, Penalties, Privacy
Act Notice, USCIS Information and Forms,
2. E-2, treaty investor.
and Paperwork Reduction Act
3. Free Trade Nonimmigrants, H-1B1s and TNs.
Form I-129 Instructions (Rev. 12/04/09)Y


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