Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 2 of 29) in pdf

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 2

The Purpose of Form I-129

This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien beneficiary

to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training.

Form I-129 consists of the:

1. Basic petition;

2. Individual supplements relating to specific classifications; and

3. H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classifications only).

These instructions are divided into two parts:

Part 1: Classifications that always require a petition.

E-2 CNMI -- treaty investor exclusively in the Commonwealth of the Northern Mariana Islands (CNMI).

H-1B -- specialty occupation worker; an alien coming to perform services of an exceptional nature that relate to a

U.S. Department of Defense-administered project; or a fashion model of distinguished merit and ability.

H-2A -- temporary agricultural worker.

H-2B -- temporary nonagricultural worker.

H-3 -- trainee.

L-1 -- intracompany transferee.

O-1 -- alien of extraordinary ability in arts, science, education, business, or athletics.

O-2 -- accompanying alien who is coming to the United States to assist in the artistic or athletic performance of an

O-1 artist or athlete.

P-1 -- major league sports.

P-1 -- internationally recognized athlete/entertainment group.

P-1S -- essential support personnel for a P-1.

P-2 -- artist/entertainer in reciprocal exchange program.

P-2S -- essential support personnel for a P-2.

P-3 -- artist/entertainer coming to the United States to perform, teach, or coach under a program that is culturally

unique.

P-3S -- essential support personnel for a P-3.

Q-1 -- alien coming temporarily to participate in an international cultural exchange program.

R-1 -- religious worker.

Part 2: Classifications that require a petition only if the beneficiary is already in the United States and requesting an

extension of stay or a change of status:

E-1 -- treaty trader.

E-2 -- treaty investor (not including E-2 CNMI treaty investors).

E-3 -- Free Trade Agreement professionals from Australia.

Free Trade Nonimmigrants -- H-1B1 specialty occupation workers from Chile or Singapore and TN professionals

from Canada or Mexico.

Form I-129 Instructions 01/17/17 N

Page 2 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 2