Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 24 of 29) in pdf

Documentary evidence must be submitted if the applicant is a citizen of Canada and is currently outside the United States

OR if the applicant is a citizen of Canada or Mexico and is requesting a “Change of Status” to TN. The applicant must

submit evidence demonstrating that he or she will be engaged in business activities at a professional level and that the

applicant possesses the requisite professional qualifications. Acceptable evidence may include, but is not limited to, the

following:

1. A letter from the employer stating the activity the beneficiary will be engaged in, the anticipated length of stay, and

the arrangements for remuneration;

2. A copy of the beneficiary’s last two pay stubs and W-2 if employed in the United States; and

3. Evidence the beneficiary meets the educational and/or licensing requirements for the profession or occupation.

NOTE: While a petition is not required, citizens of Canada who are outside the United States may use this form to apply

for TN status.

If the applicant is a citizen of Canada or Mexico and is requesting an “Extension of Stay” in TN classification, submit

evidence, such as a letter, describing the continuing employment and evidence of the beneficiary’s continued valid

licensing (if required by the profession and/or the state).

The H-1B1 classification is for aliens from Chile or Singapore coming to the United States temporarily to perform

services in a specialty occupation. See the instructions for H-1B nonimmigrants for the definition of “specialty

occupation.”

Write H-1B1 in the classification block.

Submit all evidence listed in the H Classification Supplement to Form I-129 under Section 1., Complete This Section If

Filing for H-1B Classification, as well as evidence listed in the section of the instructions for H-1B specialty occupation

classification. The following supplements must be filed with the petition:

1. Nonimmigrant Classification Based on a Trade Agreement Supplement; and

2. H Classification Supplement; and

3. H-1B Data Collection and Filing Fee Exemption Supplement.

If requesting an “Extension of Stay,” submit evidence, such as a letter describing the continuing employment, as well

as evidence of the beneficiary’s continued valid licensing (if required by the profession and/or the state). Also, if this

extension is the 6th consecutive extension requested for this beneficiary, a statement to that effect should be provided.

Change of Status

A petition for change of status to one of the classifications described in this section must be submitted with the initial

evidence detailed above and with the initial evidence required by the separate instructions for all petitions involving

change of status.

Extension of Stay

A petition requesting an extension of stay for an employee in the United States must be filed with a copy of the

beneficiary’s Form I-94, Nonimmigrant Arrival/Departure Record, and a letter from the petitioner explaining the reasons

for the extension. Consult the regulations that relate to the specific nonimmigrant classification sought.

NOTE: Dependent family members should use Form I-539 to file for an extension of stay.

A nonimmigrant who must have a passport to be admitted must maintain a valid passport during his or her entire stay. If

a required passport is not valid, include a full explanation with your petition. A petition requesting an extension must be

filed with:

1. The appropriate supplements for the classification;

2. A letter describing the proffered employment;

3. A copy of the beneficiary’s last 2 pay stubs and most recent W-2, if applicable;

4. Evidence the beneficiary continues to meet the licensing requirements for the profession or occupation, if applicable;

5. If requesting an extension of H-1B status (including H1B1 Chile/Singapore), evidence that the Department of Labor

has certified a labor condition application for the specialty occupation which is valid for the period of time requested;

Form I-129 Instructions 01/17/17 N

Page 24 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 24

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