Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 4 of 29) in pdf

Form I-94, Arrival - Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued the beneficiary

a Form I-94, Arrival-Departure Record, provide his/her I-94 admission number and date that his/her authorized period of

stay expires or expired (as shown on the Form I-94). The I-94 admission number also is known as the Departure Number

on some versions of Form I-94.

NOTE: If the beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, he/she

may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. He/she may visit the CBP website at

to obtain a paper version of the electronic Form I-94. CBP does not charge a fee for this service. Some

travelers admitted to the United States at a land border, or air or sea port, after April 30, 2013 with a passport or travel

document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 for the CBP

website without charge. If Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102,

Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, with USCIS. USCIS does charge a fee

for this service. Form I-102 may be filed together with this Form I-129.

Copies. You may submit a legible photocopy of any document requested, unless the instructions specifically state that

you must submit an original document. Original documents submitted when not required may remain a part of the record,

and will not be automatically returned to you.

Translations. Any document you submit to USCIS information in a foreign language must have a full English language

translation. The translator must certify that the English language translation is complete and accurate, and that he or she is

competent to translate from the foreign language into English.

How to Fill Out Form I-129

1. Type or print legibly in black ink.

2. Complete the basic form and any relating supplements.

3. If you need extra space to complete any item, go to Part 9., Additional Information About Your Petition for

Nonimmigrant Worker, indicate the Page Number, Part Number, and Item Number to which your answer refers,

and date and sign each sheet.

4. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” type or print “N/A”.

5. Submit a duplicate copy of the petition and all supporting documentation. Failure to do so may result in delays in

processing this petition or in visa processing abroad.

Petitioner Information

Complete the “Legal Name of Petitioner” field (if the petitioner is an individual person or a company or organization).

For mailing address, list the address of the petitioner’s primary office within the United States. This address will

determine the filing jurisdiction if the beneficiary will be providing services or completing training in multiple locations.

Basis for Classification

The following explains the choices listed in Part 2., Item Number 2., of the Form I-129.

A. New employment. Check this box if the beneficiary:

(1) Is outside the United States and holds no classification;

(2) Will begin employment for a new U.S. employer in a different nonimmigrant classification than the beneficiary

currently holds; or

(3) Will work for the same employer but in a different nonimmigrant classification.

NOTE: Do not check this box if the beneficiary will work for the same employer in the same classification but

there is a material change in the terms and conditions of employment, training, or the beneficiary’s eligibility as

specified in the original approved petition. Check the box for Item f., Amended Petition, instead.

B. Continuation of previously approved employment without change with the same employer. Check this box

if you are applying to continue the employment of the beneficiary in the same nonimmigrant classification the

beneficiary currently holds and there has been no change to the employment.

C. Change in previously approved employment. Check this box if you are notifying USCIS of a non-material change

to the previously approved employment such as a change in job title without a material change in job duties.

Form I-129 Instructions 01/17/17 N

Page 4 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 4

Related Articles

Related forms

Related Categories