Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 25 of 29) in pdf

6. If requesting H-2A status, submit a U.S. Department of Labor approved temporary labor certification valid for

the dates of the extension, unless it is based on a continuation of previously approved employment due to exigent

circumstances and the extension will last no longer than 2 weeks;

7. If requesting H-2B status, submit a U.S. Department of Labor approved temporary labor certification valid for the

dates of extension.

Special Considerations for Beneficiaries Residing in CNMI

An alien who was admitted to the CNMI prior to November 28, 2009 may not currently hold a Federal nonimmigrant

classification that permits a change of status. However, in certain situations, a petitioner may request that the beneficiary

be granted initial status in the CNMI. This will allow certain beneficiaries who were present in the CNMI prior to the

transition date and are currently lawfully present in the CNMI with a valid unexpired CNMI status to be granted an initial

status without having to depart the CNMI. Additionally, an alien who is currently in parole status in the CNMI may also

be granted an initial status in the CNMI.

The E-2 CNMI investor regulations permit a petitioner to request that the alien be granted an initial E-2 CNMI investor

status in the CNMI. In addition to the classification requirements, the petitioner must submit documentation that the

beneficiary is currently lawfully present in the CNMI.

The regulations indicate that if the beneficiary is lawfully present in the CNMI the beneficiary may apply for a change

of status with this form without having to seek consular processing. In addition to the classification requirements, the

petitioner must submit documentation that the beneficiary is currently lawfully present in the CNMI.

A petition for a grant of initial status for a beneficiary currently in the CNMI with a CNMI issued permit must have been

filed on or before November 27, 2011.

Written Consultation for O and P Nonimmigrants

Written consultation. Certain classifications require a written consultation with a recognized peer group, labor, and/ or

management organization regarding the nature of the work to be done and the beneficiary’s qualifications before USCIS

can approve the petition.

To obtain timely adjudication of a petition, you should obtain a written advisory opinion from an appropriate peer group,

labor, and/or management organization and submit it with the petition.

If you file a petition without the advisory opinion, you will need to send a copy of the petition and all supporting

documents to the appropriate organization when you file the petition with USCIS, and name that organization in the

petition. Explain to the organization that USCIS will contact them for an advisory opinion.

If you do not know the name of an appropriate organization with which to consult, indicate that on the petition. However,

a petition filed without the actual advisory opinion will require substantially longer processing time.

Liability for Return Transportation

The Immigration and Nationality Act makes a petitioner liable for the reasonable cost of return transportation for an H-1B,

H-2B, O, and P beneficiary who is dismissed before the end of the period of authorized admission.

What Is the Filing Fee

The base filing fee for Form I-129 is $460.

Form I-129 Instructions 01/17/17 N

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Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 25