Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 3
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23B. A copy of a foreign degree and evidence that it is
Classification - Initial Evidence
equivalent to the U.S. degree; or
C. Evidence of education and experience that is
These instructions are divided into two parts.
equivalent to the required U.S. degree.
1. The first part includes classifications requiring a petition
for an initial visa or entry and any extension of stay or
4. A copy of any required license or other official permission
change of status.
to practice the occupation in the State of intended
employment; and
2. The second part includes classifications requiring only a
petition for a extension of stay or change of status.
5. A copy of any written contract between you and the alien
or a summary of the terms of the oral agreement under
which the alien will be employed.
1. Petition Always Required
An H-1B is also an alien coming to perform services of an
The following classifications always require a petition.
exceptional nature relating to a cooperative research and
A petition for new or concurrent employment or for an
development project administered by the U.S. Department
extension where there is a change in previously approved
of Defense (DOD).
employment must be filed with the initial evidence listed
Write H-1B2 in the classification requested block.
below, and with the initial evidence required by the separate
instructions for a change of status or extension of stay.
A U.S. employer may file the petition. The petition must be
filed with:
However, a petition for an extension based on unchanged,
previously approved employment should only be filed with the
1. A description of the proposed employment;
initial evidence required in the separate extension of stay
2. Evidence that the services and project meet the above
instructions.
conditions;
H-1B
3. A statement listing the names of all aliens who are not
An H-1B is an alien coming temporarily to perform
permanent residents, and who are or have been employed
services in a specialty occupation.
on the project within the past year, along with their dates
of employment; and
Write H-1B1 in the classification requested block.
A specialty occupation is one that requires the theoretical and
4. Evidence that the beneficiary holds a baccalaureate or
higher degree in the field of employment.
practical application of a body of highly specialized
knowledge to fully perform the occupation and requires the
An H-1B is also a fashion model who has national or
attainment of a bachelor's or higher degree in a specific
international acclaim and recognition, coming to be
specialty, or its equivalent, as a minimum for entry into the
employed in a position requiring such a level of acclaim
occupation in the United States.
and recognition.
The petition must be filed by the U.S. employer and must be
Write H-1B3 in the classification requested block.
filed with:
1. Evidence that a labor condition application has been filed
A U.S. employer or agent or foreign employer may file the
with the U.S. Department of Labor;
petition.
2. Evidence showing that the proposed employment qualifies
On October 21, 1998, Congress enacted the American
as a specialty occupation;
Competitiveness and Workforce Improvement Act (ACWIA),
Public Law 105-277, that modified the H-1B nonimmigrant
3. Evidence showing that the alien has the required degree by
program. On December 8, 2004, Congress enacted the H-1B
submitting either:
Visa Reform Act of 2004.
A. A copy of the person's U.S. baccalaureate or higher
degree as required by the specialty occupation;
Form I-129 Instructions (Rev. 12/04/09)Y Page 3
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal