Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 10 of 29) in pdf

4. Highest level of formal education. In Item Number 2. of Section 1., place an “X” in the appropriate box that most

closely reflects the highest level of formal education the beneficiary has attained.

5. Major/primary field of study. Use the beneficiary’s degree transcripts to determine the primary field of study. DO

NOT consider work experience to determine the beneficiary’s major field of study.

6. Master’s or higher degree from a U.S. institution of higher education. Indicate whether or not the beneficiary has

earned a master’s or higher degree from a U.S. institution of higher education, as defined in 20 U.S.C. section 1001(a).

7. Rate of pay per year. The “rate of pay’’ is the salary or wages paid to the beneficiary. Salary or wages must be

expressed in an annual full-time amount and do not include non-cash compensation or benefits. For example, an

H-1B worker is to be paid $6,500 per month for a 4-month period and also provided separately a health benefits

package and transportation during the 4-month period. The yearly rate of pay if he or she were working for a full year

would be 12 times the monthly rate, or $78,000. This amount does not include health benefits or transportation costs.

The figure $78,000 should be entered on this form as the rate of pay.

8. DOT Code. The DOT Code is a three-digit occupational group for professional, technical, and managerial

occupations and fashion models that can be obtained from the Dictionary of Occupational Titles. A reference chart

can be found on our website at

9. NAICS Code. This is the North American Industry Classification System (NAICS) Code. This code can be obtained

from the U.S. Department of Commerce, Census Bureau ( ). Enter the code

from left to right, one digit in each of the six boxes. If you use a code with fewer than six digits, enter the code left to

right and then add zeros in the remaining unoccupied boxes.

For example, the code sequence 33466 would be entered as:

[Each number inside a separate

box]

For example, the code sequence 5133 would be entered as:

[Each number inside a separate

box]

Completing Section 2. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form

Petitioners must complete Section 2., Fee Exemption and/or Determination, to determine whether they must pay

the ACWIA fee. This fee is either $1,500 or $750, depending on the number of workers the petitioner employs. The

petitioner is exempt from payment of the ACWIA fee if at least one of the following conditions apply:

1. The employer is an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20

U.S.C. 1001(a);

2. The employer is a nonprofit organization or entity related to, or affiliated with an institution of higher education as

defined in 20 U.S.C. 1001(a). Such nonprofit organizations or entities include, but are not limited to, hospitals and

medical research institutions;

NOTE: “Related to” or “affiliated with” means the entity is:

A. Connected to or associated with the institution of higher education through shared ownership or control by the

same board or federation; or

B. Operated by the institution of higher education; or

C. Attached to the institution of higher education as a member, branch, cooperative, or subsidiary; or

D. A nonprofit entity that has entered into a formal written affiliation agreement with an institution of higher

education that establishes an active working relationship between the nonprofit entity and the institution of higher

education for the purposes of research or education, and a fundamental activity of the nonprofit entity is to directly

contribute to the research or education mission of the institution of higher education.

3. The employer is a nonprofit research organization or governmental research organization that is primarily engaged in

basic research and/or applied research;

NOTE: The term “governmental research organization” is defined at 8 CFR 214.2(h)(19)(iii)(C) as “a federal, state,

or local entity whose primary mission is the performance or promotion of basic research and/or applied research.”

NOTE: “Nonprofit organization or entity” means the organization or entity is:

Form I-129 Instructions 01/17/17 N

Page 10 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 10

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