Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 5

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Rate of pay per year.
"Related to" or "affiliated with" means the entity is:
8.
The ''rate of pay'' is the salary or
wages paid to the beneficiary. Salary or wages must be
A. Connected or associated with the institution of higher
expressed in an annual full-time amount and do not
education through shared ownership or control by a
include non-cash compensation or benefits. For example,
board or federation operated by the institution of
an H-1B worker is to be paid $6,500 per month for a
higher education; or
four-month period including a health benefits package
and transportation. The yearly rate of pay if he or she
B. Attached to the institution of higher education as a
were working for a full year would be 12 times the
member, branch, cooperative, or subsidiary.
monthly rate, or $78,000. This amount does not include
3. The employer is a nonprofit research organization or
health benefits or transportation costs. The figure $78,000
governmental research organization that is primarily
should be entered on this form as the rate of pay.
engaged in basic research and/or applied research.
LCA Code.
9.
The LCA Code is a three-digit occupational
"Nonprofit organization or entity" means the organization
group for professional, technical, and managerial
or entity is:
occupations and fashion models that can be obtained from
A. Defined as a tax-exempt organization under the
Appendix 2 of the Dictionary of Occupational Titles
Internal Revenue Code of 1986, sections 501(c)(3),
printed on U.S. Department of Labor ETA Form 9035,
(c)(4), or (c)(6); or 26 U.S.C. 501(c)(3), (c)(4), or (c)
Labor Condition Application for H-1B Nonimmigrant.
(6); and
NAICS Code.
10.
The North American Industry
B. Has been approved as a tax-exempt organization for
Classification System (NAICS) code can be obtained
research or educational purposes by the
from the U.S. Department of Commerce, Census Bureau
Internal Revenue Service; or
(www. census.gov/epcd/www/naics.htm). Enter the code
C. A Government research organization is a U.S. Federal
from left to right, one digit in each of the six boxes. If you
Government entity whose primary mission is the
use a code with fewer than six digits, enter the code left to
performance or promotion of basic research and/or
right and then add zeros in the remaining unoccupied
applied research.
boxes.
For example, the code sequences 33466 would be entered
4. This petition is the second or subsequent request for an
as:
extension of stay filed by the employer regardless of when
the first extension of stay was filed or whether the $1,500
3
3
4
6
6
0
or $750 filing fee was paid on the initial petition or the
The code sequences 5133 would be entered as:
first extension of stay; or
5
1
3
3
0
0
5. This petition is an amended petition that does not contain
any requests for extension of stay filed by the employer; or
Completing Part B of the Supplemental Form
6. This petition is to correct a USCIS error; or
A U.S. employer seeking an exemption from the $1,500 or
7. The employer is a primary or secondary education
$750 filing fee must complete Part B. A U.S. employer is
institute; or
exempt from payment of the additional $1,500 or $750 filing
fee if:
8. The employer is a nonprofit entity which engages in an
established curriculum-related clinical training or students
1. The employer is an institution of higher education as
register at the institution.
defined in the Higher Education Act of 1965, section 101
(a), 20 U.S.C. section 1001(a); or
What Evidence Is Required Under Part B?
2. The employer is a nonprofit organization or entity related
U.S. employers claiming exemption from payment of the
to, or affiliated with, an institution of higher education.
$1,500 or $750 filing fee on the basis of status as (a) a
Institutions of higher education are defined in the Higher
nonprofit organization or entity related to, or affiliated with,
Education Act of 1965, section 101(a), 20 U.S.C., section
an institution of higher education, or (b) as a nonprofit
1001(a). Such a nonprofit organization or entity includes,
research organization must submit evidence of tax-exempt
but is not limited to, hospitals and medical research
status under the Internal Revenue Code of 1986, section 501
institutions.
(c)(3), (c)(4), or (c)(6); or 26 U.S.C. 501(c)(3), (c)(4), or (c)
(6); or
Form I-129 Instructions (Rev. 12/04/09)Y Page 5

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