Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 15 of 29) in pdf

1. Some of the workers you request are not nationals of a country on the eligible countries list;

2. You request interrupted stays for workers; or

3. At least one worker is nearing the 3-year maximum stay limit.

If we request additional evidence because of these situations, it may delay petition processing. Filing separate petitions

for workers who are not affected by these scenarios may enable you to quickly obtain some workers, if they are otherwise

eligible, in the event that the petition for your other workers is delayed.

If you decide to file more than one petition with the same temporary labor certification, you may do so if:

1. One petition is accompanied by the original temporary labor certification;

2. The total number of beneficiaries on your petitions does not exceed the total number of workers approved by the U.S.

Department of Labor on the temporary labor certification; and

3. The other petitions are accompanied by copies of the same temporary labor certification, along with an attachment

explaining why the original was not submitted.

H-3 Nonimmigrants (Two Types)

The H-3 classification is for aliens coming to the United States temporarily to participate in a special education

exchange visitor program in the education of children with physical, mental, or emotional disabilities.

Write H-3 in the classification block.

Any custodial care of the children must be incidental to the training program. The petition must be filed by a U.S.

employer, which must be a facility which has professionally trained staff and a structured program for providing education

to children with disabilities and training and hands-on experience to participants in the special education exchange visitor

program. The petition must be filed with:

1. A description of the training, staff, and facilities; evidence that the program meets the above conditions; and details of

the beneficiary’s participation in the program; and

2. Evidence showing that the beneficiary is nearing completion of a baccalaureate degree in special education, or already

holds such a degree, or has extensive prior training and experience in teaching children with physical, mental, or

emotional disabilities.

The H-3 classification is also for aliens coming to the United States temporarily to receive training from an

employer in any field other than graduate medical education or training.

Write H-3 in the classification block.

The petition must be filed with:

1. A detailed description of the structured training program, including the number of classroom hours per week and the

number of hours of on-the-job training per week;

2. A summary of the prior training and experience of each beneficiary in the petition; and

3. An explanation stating why the training is required, whether similar training is available in the beneficiary’s country,

how the training will benefit the beneficiary in pursuing a career abroad, the source of any remuneration the trainee

will receive and any benefit the petitioner will obtain by providing the training.

L-1 Nonimmigrants (Two Types)

The L-1A classification is for aliens coming to the United States temporarily to perform services in a managerial

or executive capacity for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that

employed the alien abroad in a capacity that was managerial or executive in nature, or one that required specialized

knowledge, for at least 1 continuous year within the last 3 years. In the case of an L-1A beneficiary who is coming to

the United States to set up a new office, the 1 year of experience abroad must have been in an executive or managerial

capacity.

Write L-1A in the classification block.

Either a U.S. employer or foreign employer may file the petition, but the foreign employer must have a legal business

entity in the United States.

Form I-129 Instructions 01/17/17 N

Page 15 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 15

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