Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 6
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232. Copies of evidence, such as employment letters and
All other U.S. employers claiming exemption from payment of
training certificates, showing that each named alien met
the $1,500 or $750 filing fee must submit a statement
the minimum job requirements stated in the certification at
describing why the organization or entity is exempt.
the time the application was filed.
Completing Part C of the Supplemental Form
NOTE: Employers filing H-2B petitions for employment to
All U.S. employers must complete Part C even if they are not
commence on or after October 1, 2005, must submit an
claiming the fee exemption in Part B.
additional fee of $150. The Save Our Small and Seasonal
Public Law 110-229 provides that nonimmigrant workers
Businesses Act of 2005 authorized this $150 Fraud Prevention
admitted to Guam or the CNMI and who will perform work in
and Detection Fee.
Guam or the CNMI are exempt from the statutory caps for the
H visa programs. The Form I-129 H Classification
H-3
(Two types)
Supplement and H-1B Data Collection and Filing Fee
An H-3 is an alien coming temporarily to participate in a
Exemption Worksheet require employers to indicate whether
special education training program in the education of
they are subject to this cap exemption.
children with physical, mental, or emotional disabilities.
H-2A
Write H-3 in the classification block on the petition.
An H-2A is an alien coming temporarily to engage in
Custodial care of the children must be incidental to the
temporary or seasonal agricultural employment.
training program. The petition must be filed by the U.S.
employer with:
Write H-2A in the classification block on the petition.
1. A description of the training, staff, and facilities; evidence
The petition must be filed by a U.S. employer or an
that the program meets the above conditions; and details of
association of U.S. agricultural producers named as a joint
the alien's participation in the program; and
employer on the certification. The petition must be submitted
with:
2. Evidence showing that the alien is nearing completion of a
baccalaureate degree in special education, or already holds
1. A single, valid temporary labor certification; and
such a degree, or has extensive prior training and
experience in teaching children with physical, mental, or
2. Copies of evidence showing that each named alien met the
emotional disabilities.
minimum job requirements stated in the certification at
time the application was filed.
An H-3 is also an alien coming temporarily to receive
training from an employer in any field other than graduate
H-2B
education or training.
An H-2B is an alien coming temporarily to engage in non-
Write H-3 in the classification block on the petition.
agricultural employment that is seasonal, intermittent,
peak load, or a one-time need.
The petition must be filed by the U.S. employer with:
Write H-2B in the classification block on the petition.
1. A detailed description of the structured training program,
including the number of classroom hours per week and the
The petition must be filed by a U.S. employer with:
number of hours of on-the-job training per week;
1. A temporary labor certification from the U.S. Department
2. A summary of the prior training and experience of each
of Labor, or the Governor of Guam if the proposed
alien in the petition; and
employment is solely in Guam, stating that qualified U.S.
workers are not available and that employment of the alien
3. An explanation stating why the training is required,
will not adversely affect the wages and working conditions
whether similar training is available in the alien's country,
of similarly employed U.S. workers; and
how the training will benefit the alien in pursuing a career
abroad, and why the petitioner will incur the cost of
providing the training without significant productive labor.
Form I-129 Instructions (Rev. 12/04/09)Y Page 6
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