Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 2

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II. Petition for a Nonimmigrant Worker
Exception: H-2A and H-2B petitions for workers from
(Form I-129)
countries not designated in accordance with paragraphs 8 CFR
1
214.2(h)(5)(i)(F)(1) and (h)(6)(i)(E)(1) should be filed
E Classification Supplement
5
separately. See website for the list of
participating countries.
Nonimmigrant Classification Based on
a Free Trade Agreement Supplement
7
NOTE: If the employer is seeking notification to multiple
H Classification Supplement
8
Ports of Entry or Pre-Flight Inspections (or requesting a
change in the Port of Entry or Pre-Flight Inspection requested
H-1B Data Collection and Filing Fee
on Form I-129 that has already been approved), the employer
Exemption Supplement
13
should file Form I-824, Application for Action on an
Approved Application or Petition, with appropriate fee, for
L Classification Supplement
16
each additional location that must be notified.
O and P Classifications Supplement
18
Multiple locations.
A petition for alien(s) to perform
19
Q-1 and R-1 Classifications Supplement
services or labor or receive training in more than one location
must include an itinerary with the dates and locations where
Attachment - 1 (Used when more than
the services or training will take place.
one person is included on form)
25
Naming beneficiaries.
All aliens in a petition must be
named except for an H-2A agricultural worker or an H-2B
Who May File This Form I-129?
temporary nonagricultural worker. Exception: You must
provide the name, date of birth, country of birth, and country
of nationality of all H-2A and H-2B workers when: (1) the
General.
A U.S. employer may file this form and applicable
petition is filed for a worker who is a national of a country not
supplements to classify an alien in any nonimmigrant
designated by the Secretary of Homeland Security as eligible
classification listed in Part 1 and Part 2 of these instructions.
to participate in the H-2A or H-2B program, or; (2) the
A foreign employer may file for certain classifications as
beneficiary is in the United States. In addition, USCIS may
indicated in the specific instructions.
require the petitioner to name H-2B beneficiaries where the
Agents.
A U.S. individual or company in business as an
name is needed to establish eligibility for H-2B nonimmigrant
agent may file for types of workers who are traditionally self-
status.
employed or who traditionally use an agent to arrange short-
Where some or all of the aliens are not named, specify the
term employment with numerous employers. A petition filed
total number of unnamed aliens and total number of aliens in
by an agent must include a complete itinerary of services or
the petition.
engagements, including dates, names, and addresses of the
actual employers, and the locations where the services will be
performed. A petition filed by a U.S. agent must guarantee the
wages and other terms and conditions of employment by
General Filing Instructions
contractual agreement with the beneficiary or beneficiaries of
the petition. The agent/employer must also provide an
Complete the basic form and any relating supplement. Answer
itinerary of definite employment and information on any other
all questions by typing or clearly printing in black ink.
services planned for the period of time requested.
Indicate that an item is not applicable with "N/A." If the
answer is none, write "None."
Including more than one alien in a petition.
Multiple
aliens who will seek admission in H-2A, H-2B, H-3, P-1, P-2,
If you need extra space to answer any item, attach a sheet(s) of
P-3, O-2, or Q-1 classification may be included on the same
paper with your name and your Alien Registration Number (A
petition provided:
number), if any, and indicate the number of the item to which
the answer refers. You must file your petition with the
1. They will all be employed for the same period of time; and
required initial evidence. The petition must be properly signed
and filed with the proper fee.
2. They will all perform the same services, receive the same
training, or participate in the same international cultural
NOTE: Submit the petition and all supporting documentation
exchange program.
in duplicate if you would like the Department of State to be
notified of the approval of this petition.
Form I-129 Instructions (Rev. 12/04/09)Y Page 2

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