Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 4
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23Because of these two Acts, an H-1B or H-1B1 Free Trade
NOTE: As of February 17, 2009, U.S. employers who
Nonimmigrant petitioner must complete the H-1B supplement
received funding under the Troubled Assets Relief Program
form, which is part of this petition. The supplement is used to
(TARP), as described in the Employ American Workers Act
collect additional information about the H-1B nonimmigrant
(sec. 1611 of Div. A, Title XVI of Public Law 111-5) and
worker and the H-1B petitioner (U.S. employer). It will also
seek to hire an H-1B nonimmigrant must comply with the
be used to determine whether the H-1B or H-1B1 Free Trade
H-1B Dependent Employer provisions. The H-1B Dependent
Nonimmigrant petitioner is exempt from the additional
Employer provisions apply regardless whether such U.S.
ACWIA filing fee and, if not exempt, the appropriate fee.
employers are seeking exempt H-1B nonimmigrants.
(The supplement was formerly issued separately as Form
I-129W.)
Willful Violators.
2.
A willful violator is an employer
whom the U.S. Secretary of Labor has found, after notice
The H-1B Visa Reform Act of 2004 also imposed an
and opportunity for a hearing, to have willfully failed to
additional fee of $500 for certain H or L petitions. On or after
meet a condition of the labor condition application
March 8, 2005, a U.S. employer seeking initial approval of
described in section 212(n) of the Immigration and
H-1B or L nonimmigrant status for a beneficiary, or seeking
Nationality Act.
approval to employ an H-1B or L nonimmigrant currently
working for another U.S. employer, must submit this
Exempt H-1B nonimmigrant.
3.
An "exempt H-1B
additional $500 fee. There are no exemptions from this fee.
nonimmigrant" means an H-1B who:
This form will serve as the vehicle for collection of the $500
fee.
A. Receives wages (including cash bonuses and similar
compensation) at an annual rate equal to at least
H-1B and H-1B1 Data Collection
$60,000; or
and Filing Fee Exemption
B. Has attained a master's degree or higher (or its
Who is required to file?
A U.S. employer seeking to
equivalent) in a specialty related to the intended
classify an alien as an H-1B or H-1B1 Free Trade
employment.
Nonimmigrant worker must file this supplement concurrently
with Form I-129 and the appropriate fee. (See "What is the
TARP funding. TARP funding refers to receipt of
4.
Filing Fee?" for additional information regarding the
funds described in the Employ American Workers
appropriate fee.)
Act (sec. 1611 of Div. A, Title XV1 of Public Law
111-5).
Completing Part A of the Supplement Form
All U.S. employers seeking to classify an alien as an H-1B or
Highest education level.
5.
Place an "X" in the
H-1B1 Free Trade Nonimmigrant worker must complete Part
appropriate box of Part A, Number 3 ("a" through "i") of
A of the supplement form. An employer must answer all of the
the supplement form that is most closely related to the
questions in the "Employer Information" Section.
highest formal education level attained by the beneficiary.
DO NOT consider work experience in determining the
H-1B Dependent employer.
1.
An "H-1B dependent
beneficiary's equivalency.
employer" means an employer that:
Major/primary field of study.
6.
Use the beneficiary's
A. Has 25 or fewer full-time-equivalent employees who
degree transcripts to determine the primary field of
are employed in the United States and employs more
study. Once the beneficiary's major is determined, fill in
than seven H-1B nonimmigrants;
the boxes with one character per box; 30 characters
maximum. Do not consider work experience to determine
B. Has at least 26 but not more than 50 full-time-
the beneficiary's major education level.
equivalent employees who are employed in the
United States and employs more than 12 H-1B
Master's or higher degree from a U.S. institution
7.
nonimmigrants; or
of higher education.
Indicate whether or not the
C. Has at least 51 full-time equivalent employees who
beneficiary has earned a master's or higher degree from a
are employed in the United States and employs H-1B
U.S. institution of higher education, as defined in
nonimmigrant in a number that is equal to at least 15
20 U.S.C. section 1001(a).
percent of the number of such full-time-equivalent
employees.
Form I-129 Instructions (Rev. 12/04/09)Y Page 4
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