Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 18
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23Copies.
3. Continued valid licensing if required by the profession
Unless specifically required that an original
and/or the State; and
document be filed with an application or petition, an ordinary
legible photocopy (standard 8 1/2 x 11 letter size) may be
4. In the case of a Chile or Singapore H-1B1 Free Trade
submitted. Original documents submitted when not required
Nonimmigrant, a currently valid labor condition
will remain a part of the record.
attestation.
Along with the Form I-129 and related supplement
Liability for Return Transportation
(Nonimmigrant classification based on a Free Trade
Agreement Supplement), petitioners for Chile or Singapore
The Immigration and Nationality Act makes a petitioner liable
H-1B1 nonimmigrants must also file the H-1B Data
for the reasonable cost of return transportation for an H-1B,
Collection and Filing Fee Exemptions Supplement to ensure
H-2B, O, and P alien who is dismissed before the end of the
accurate fee and data collection.
authorized employment.
If the extension is for a Chile or Singapore H-1B1 Free Trade
Nonimmigrant and it is the sixth consecutive extension request
When to File?
for that person, a statement to that effect must be provided.
Generally, a Form I-129 petition may not be filed more than
six months prior to the date employment is scheduled to
General Evidence
begin. Petitioners should review the appropriate regulatory
provisions in 8 CFR which relate to the nonimmigrant
Written consultation.
Noted classifications require a
classification sought.
written consultation with a recognized peer group, union, and/
File the petition as soon as possible before the proposed
or management organization regarding the nature of the work
employment begins or before an extension of stay will be
to be done and the alien's qualifications before the petition
required. If the petition is not submitted at least 45 days
may be approved.
before the employment begins, petition processing and
To obtain timely adjudication of a petition, you should obtain
subsequent visa issuance may not be completed before the
a written advisory opinion from an appropriate peer group,
alien's services are required or previous employment
union and/or management organization and submit it with the
authorization ends.
petition.
If you file a petition without the advisory opinion, you should
Where to File?
send a copy of the petition and all supporting documents to the
appropriate organization when you file the petition with
Updated filing Address Information
USCIS, and name that organization in the petition.
The filing addresses provided on this form reflect the most
Explain to the organization that USCIS will contact them for
current information as of the date this form was last printed.
an advisory opinion. If an accepted organization does not
issue an advisory opinion within a given time period, a
If you are filing Form I-129 more than 30 days after the latest
decision will be made based upon the evidence of record.
edition date shown in the lower right-hand corner, visit us
online at before you file, and check the
If you do not know the name of an appropriate organization
"FORMS" page to confirm the correct filing address and
with which to consult, indicate it on the petition. However, be
version currently in use. Check the edition date located in the
advised that a petition filed without the actual advisory
lower right-hand corner of the form. If the edition date on
opinion will require substantially longer processing time.
your Form I-129 matches the edition date listed for Form
I-129 on the online Forms and Fees page, your version is
Translations.
Any foreign language document must be
current and will be accepted by USCIS. If the edition date on
accompanied by a full English translation that the translator
the online version is later, download a copy and use the online
has certified as complete and correct, and by the translator's
version. If you do not have Internet access, call Customer
certification that he or she is competent to translate the foreign
Service at 1-800-375-5283 to verify the current filing address
language into English.
and edition date. Improperly filed forms will be rejected,
and the fee returned, with instructions to resubmit the
entire filing using the current form instructions.
Form I-129 Instructions (Rev. 12/04/09)Y Page 18
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal