Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 15
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233. If the alien worked in the United States during the two
3. For denominations that do not require a prescribed
years immediately before the petition was filed, the
theological education, evidence of:
prospective employer must submit evidence of salaried or
A. The denomination's requirements for ordination to
non-salaried compensation or self-support if the alien was
minister;
uncompensated.
B. The duties allowed to be performed by virtue of
A. If the alien received salaried compensation, the
ordination;
prospective employer must submit IRS
documentation that the alien received a salary, such
C. The denomination's levels of ordination, if any; and
as an IRS Form W-2 or certified copies of income tax
D. The alien's completion of the denomination's
returns, reflecting such work and compensation for
requirements for ordination.
the preceding two years.
B. If the alien received non-salaried compensation, the
Verification of Evidence
prospective employer must submit, if available, IRS
USCIS may verify the submitted evidence through any means
documentation of the non-salaried compensation. If
that USCIS determines as appropriate, up to and including an
IRS documentation is unavailable, the prospective
on-site inspection. If USCIS decides to conduct a pre-approval
employer must explain why and provide verifiable
on-site inspection, satisfactory completion of the inspection
evidence of all financial support. The evidence may
will be a condition for approval of any petition. The
include stipends, room, and board. The evidence may
inspection may include:
also include a description of the location where the
alien lived, a lease to establish where the alien lived,
1. A tour of the organization's facilities and, if appropriate,
or other verifiable documentation acceptable to
the organization's headquarters or satellite locations;
USCIS.
2. An interview with the organization's officials;
C. If the alien was uncompensated but provided for his
3. A review of the organization's records related to
or her own support and for any dependents, the
compliance with immigration laws and regulations; or
prospective employer must show how support was
maintained by submitting documents such as audited
4. A visit to the locations where the alien will work or live.
financial statements, financial institution records,
brokerage account statements, trust documents signed
by an attorney, or other verifiable evidence
2. Petition Only Required for an Alien in the
acceptable to USCIS.
United States to Change Status or Extend
Stay
Initial Evidence Related to a Minister
The following classifications listed in this Section 2 do not
If filing a petition on behalf of a minister, the prospective
require a petition for new employment if the alien is outside
employer must submit the following additional initial
the United States. The alien should instead contact a U.S.
evidence:
Embassy or consulate for information about a visa or
admission.
1. A copy of the alien's certificate of ordination or similar
documents reflecting acceptance of the alien's
Use this Form I-129 when the beneficiary is physically
qualifications as a minister in the religious denomination;
present in the United States and a change of status, concurrent
and
employment, or an extension of stay is needed. Note,
2. Documents reflecting:
however, that the beneficiary must maintain legal status in the
United States to remain eligible for the benefit sought.
A. Acceptance of the alien's qualifications as a minister
in the religious denomination;
Change of Status: A petition for change of status to one of
the classifications described in this section must be submitted
B. The alien's completion in any course of prescribed
with the initial evidence detailed below and with the initial
theological education at an accredited theological
evidence required by the separate instructions for all petitions
institution normally required or recognized by that
involving change of status.
religious denomination, including transcripts,
curriculum, and documentation that establishes that
the theological institution is accredited by the
denomination.
Form I-129 Instructions (Rev. 12/04/09)Y Page 15
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