Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 22 of 29) in pdf

2. Employer Attestation, which is part of the R-1 Classification Supplement to Form I-129, completed, signed, and dated

by an authorized official of the petitioner;

3. Verifiable evidence of how the petitioner intends to compensate the beneficiary, including salaried or non-salaried

compensation;

4. If the beneficiary will be self-supporting, the petitioner must submit documentation establishing that the position the

beneficiary will hold is part of an established program for temporary, uncompensated missionary work, which is part

of a broader international program of missionary work sponsored by the denomination;

5. Evidence that the beneficiary has been a member in the religious denomination during at least the 2 years immediately

preceding the filing of the petition; and

6. Evidence to establish the beneficiary is qualified to perform the duties of the offered position.

Part 2. Petition Only Required for an Alien in the United States to Change Status or Extend Stay

The following classifications listed in this Part 2. do not require a petition for new employment if the alien is outside the

United States.

Use this Form I-129 when the beneficiary is physically present in the United States and a change of status, concurrent

employment, or an extension of stay is needed. Note: The beneficiary must be maintaining lawful status in the United

States to remain eligible for the benefit sought.

E-1 Nonimmigrants

The E-1 classification is for aliens who are nationals of a country with which the United States maintains a

qualifying treaty or an international agreement, or which has been deemed a qualifying country by legislation, and

who are coming to the United States to carry on substantial trade principally between the United States and the

alien’s country of nationality. The Department of State maintains a list of countries with qualifying treaties. See

https://travel.state.gov/content/visas/en/fees/treaty.html

for a list of qualifying countries.

Write E-1 in the classification block.

Qualifying trade involves the commercial exchange of goods or services in the international market place. Substantial

trade is an amount of trade sufficient to ensure continuous flow of international trade items between the United States and

the treaty country. Principal trade exists when more than 50 percent of the E-1’s total volume of international trade is

conducted between United States and the treaty country.

An employee of an E-1 treaty trader who possesses the same nationality as the E-1 employer may also be classified as E-1.

The employee must principally and primarily perform executive or supervisory duties or possess special qualifications that

are essential to the successful or efficient operation of the enterprise. The E-1 employee may perform work for the parent

treaty organization or enterprise, or any subsidiary of the parent organization or enterprise.

The petition must be filed with evidence of:

1. Ownership and Nationality of the E-1 treaty trader. Such evidence may include, but is not limited to, lists of

investors with current status and nationality, stock certificates, certificate of ownership issued by the commercial

section of a foreign embassy, and reports from a certified personal accountant;

2. Substantial Trade. Evidence of substantial trade may include, but is not limited to, copies of three or more of the

following: bills of lading, customs receipts, letter of credit, trade brochures, purchase orders, insurance papers,

documenting commodities imported, carrier inventories, and/or sales contracts, or other probative documentation

establishing the requisite substantial trade; and

3. For E-1 employees only: Executive or Supervisory Duties or special qualification essential to the enterprise.

Evidence of such duties or qualifications may include, but is not limited to, certificates, diplomas or transcripts, letters

from employers describing job titles, duties, operators’ manuals, and the required level of education and knowledge.

Form I-129 Instructions 01/17/17 N

Page 22 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 22

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