Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 12 of 29) in pdf

B. You are applying to extend or obtain H-1B classification for time remaining (including through recapture) on the

beneficiary’s full period of authorized admission; or

C. You are seeking an extension beyond the 6-year period of authorized admission limitation based on sections

104(c) or 106(a) and 106(b) of the American Competitiveness in the Twenty-first Century Act (AC21); or

8. The petitioner is an employer eligible for the Guam-CNMI cap exemption pursuant to Public Law 110-229.

H-2A Nonimmigrants

The H-2A classification is for aliens coming to the United States temporarily to perform agricultural labor or

services of a temporary or seasonal nature.

Write H-2A in the classification block.

The petition may be filed by:

1. The employer listed on the temporary labor certification;

2. The employer’s agent; or

3. The association of U.S. agricultural producers named as a joint employer on the temporary labor certification.

The petitioner, employer (if different from the petitioner), and each joint employer must complete and sign the relevant

sections of the H Classification Supplement.

Additionally, the petitioner must submit:

1. A single valid temporary labor certification from the U.S. Department of Labor;* and

2. Evidence showing that each named beneficiary meets the minimum job requirements stated in the temporary labor

certification at the time the certification application was filed.

Under certain emergent circumstances, as determined by USCIS, petitions requesting a continuation of

employment with the same employer for 2 weeks or less are exempt from the temporary labor certification

requirement. See 8 CFR 214.2(h)(5)(x).

E-Verify and H-2A Petitions

In certain cases, H-2A workers may start work immediately after a petitioner files a Form I-129 on their behalf. This may

happen only if:

1. The petitioner is a participant in good standing in the E-Verify program; and

2. The requested workers are currently in the United States in a lawful nonimmigrant status, and either:

A. Changing status to H-2A, or

B. Extending their stay in H-2A status by changing employers.

If the petitioner and the requested H-2A workers meet these criteria, provide the E-Verify Company ID or Client Company

ID in Section 2., Complete This Section If Filing For H-3 Classification, of the H Classification Supplement. See 8

CFR 274a.12(b)(21) for more information.

H-2B Nonimmigrants

The H-2B classification is for aliens coming to the United States temporarily to engage in nonagricultural services

or labor that is based on the employer’s seasonal, intermittent, peak load, or one-time need.

Write H-2B in the classification block.

The petition must be filed by a U.S. employer, a U.S. agent, or a foreign employer filing through a U.S. agent. The

petitioner and employer (if different from the petitioner) must complete and sign the relevant sections of the H

Classification Supplement.

Additionally, the petitioner must submit:

Form I-129 Instructions 01/17/17 N

Page 12 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 12