Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 3

ADVERTISEMENT

Who May File Form I-129?
General. A U.S. employer may file this form and applicable supplements to classify an alien in any nonimmigrant
classification listed in Part 1. or Part 2. of these instructions. A foreign employer, U.S. agent, or association of U.S.
agricultural employers may file for certain classifications as indicated in the specific instructions.
Agents. A U.S. individual or company in business as an agent may file a petition for workers who are traditionally
self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers,
and in cases where a foreign employer authorizes the agent to act on its behalf. A petition filed by an agent must include
a complete itinerary of services or engagements, including dates, names, and addresses of the actual employers, and the
locations where the services will be performed. A petition filed by a U.S. agent must guarantee the wages and other terms
and conditions of employment by contractual agreement with the beneficiary or beneficiaries of the petition. The agent/
employer must also provide an itinerary of definite employment and information on any other services planned for the
period of time requested.
Including more than one alien in a petition. You may include on the same petition multiple aliens who seek admission
in the H-2A, H-2B, H-3, P-1, P-2, P-3, P-1S, P-2S, P-3S, O-2, or Q-1 classifications provided all will:
1. Be employed for the same period of time; and
2. Perform the same services, receive the same training, or participate in the same international cultural exchange
program.
NOTE: Employers must file a separate Form I-129 to petition for O and P essential support personnel apart from any
petition they file for O or P principal aliens or P group or team. All essential-support beneficiaries listed on this petition
must establish prior essentiality to the principal O or P aliens.
Exception: It is recommended that H-2A and H-2B petitions for workers from countries not listed on the respective
“Eligible Countries List” be filed separately. See
for the list of H-2A and H-2B participating countries.
Multiple locations. A petition for aliens to perform services or labor or receive training in more than one location must
include an itinerary with the dates and locations where the services or training will take place.
Naming beneficiaries. Allbeneficiaries in a petition must be named except for an H-2A agricultural worker or an H-2B
temporary nonagricultural worker.
Exceptions for H-2A/H-2B temporary workers: You must provide the name, date of birth, country of birth, and country
of nationality of all H-2A and H-2B workers when (1) the petition is filed for a worker who is a national of a country
not designated by the Secretary of Homeland Security as eligible to participate in the H-2A or H-2B program; or (2) the
beneficiary is in the United States. In addition, USCIS may require the petitioner to name H-2B beneficiaries where the
name is needed to establish eligibility for H-2B nonimmigrant status.
Where some or all of the beneficiaries are not named, specify the total number of unnamed beneficiaries and total number
of beneficiaries in the petition.
General Filing Instructions
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which can be downloaded for free at
Each petition must be properly signed and filed. A photocopy of a signed petition or a typewritten name in place of a
signature is not acceptable.
Each petition must be accompanied by the appropriate filing fees. (See the What Is the Filing Fee section of these
instructions.)
Evidence. You must submit all required initial evidence along with all the supporting documentation with your petition at
the time of filing.
Biometrics Services Appointment for Certain Beneficiaries Who Will be Working in the CNMI. After receiving your
petition and ensuring completeness, USCIS will inform you in writing when the beneficiary needs to go to his/her local
USCIS Application Support Center (ASC) for his/her biometrics services appointment. Failure to attend the biometrics
services appointment may result in denial of your petition.
Form I-129 Instructions 01/17/17 N
Page 3 of 29

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal