Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 13 of 29) in pdf

1. An approved temporary labor certification from the U.S. Department of Labor (or the Governor of Guam, if the

employment will occur in Guam);** and

2. Evidence showing that each named beneficiary meets the minimum job requirements, if any, stated on the temporary

labor certification.

** Petitions filed on behalf of Canadian musicians who will be performing for 1 month or less within 50 miles

of the U.S. - Canadian border do not require a temporary labor certification. Petitions which require work in

the jurisdictions of both the U.S. and Guam Departments of Labor must submit an approved temporary labor

certification from each agency.

H-2B Start Date

A petition for H-2B workers must request an employment start date that matches the start date approved by the

Department of Labor on the temporary labor certification. Petitions without matching start dates may be denied. This

does not apply to amended petitions which request to substitute H-2B workers using the same temporary labor certificate.

Additional Information Regarding H-2A and H-2B Petitions

Naming Beneficiaries

Generally, you may request unnamed workers as beneficiaries of an H-2A or H-2B petition. You may also request some

named and some unnamed workers, as long as you are requesting the same action for each worker. However, the total

number of workers you request on the petition must not exceed the number of workers approved by the Department of

Labor or Guam Department of Labor, if required, on the temporary labor certification.

Workers must be named if you request workers who:

1. Are currently in the United States;

2. Are nationals of countries that are not on the eligible countries list (see link and information below); or

3. Must meet minimum job requirements described on the temporary labor certification.

Eligible Countries List

H-2A and H-2B petitions may generally only be approved for nationals of countries that the Secretary of Homeland

Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2 program. The

current list of eligible countries is located at

and

Nationals of countries that are not eligible to participate in the H-2 program may still be named as beneficiaries on an

H-2A or H-2B petition. To do so, you must:

1. Name each beneficiary who is not from an eligible country; and

2. Provide evidence to show that it is in the U.S. interest for the alien to be the beneficiary of such a petition.

USCIS’ determination of what constitutes U.S. interest takes into account certain factors, including but not limited to:

1. Evidence demonstrating that a worker with the required skills is not available from among foreign workers from a

country currently on the eligible countries list;

NOTE: Also, for H-2A petitions only, the petitioner must submit evidence demonstrating that a U.S. worker with the

required skills is not available.

2. Evidence that the beneficiary has been admitted to the United States previously in H-2A or H-2B status;

3. The potential for abuse, fraud, or other harm to the integrity of the H-2A or H-2B visa program through the potential

admission of a beneficiary from a country not currently on the eligible countries list; and

4. Such other factors as may serve the U.S. interest.

Form I-129 Instructions 01/17/17 N

Page 13 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 13