Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 5

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D. New concurrent employment. Check this box if you are applying for a beneficiary to begin new employment
with an additional employer in the same nonimmigrant classification the beneficiary currently holds while the
beneficiary will continue working for his or her current employer in the same classification.
E. Change of employer. Check this box if you are applying for a beneficiary to begin employment working for a
new employer in the same nonimmigrant classification that the beneficiary currently holds.
F. Amended petition. Check this box if you are applying to notify USCIS of a material change in the terms or
conditions of employment or training or the beneficiary’s eligibility as specified in the original approved petition.
Additionally, petitioners requesting H-2A or H-2B substitutions should check this box.
Requested Action
The following explains the kinds of action petitioners/employers may choose for Part 2., Information About This
Petitioner, Item Number 4. of Form I-129. Choose only one action.
A. Notify the office listed in Part 4. so the beneficiary(ies) can seek a visa or admission. Check this box if the
beneficiary is outside of the United States, or, if the beneficiary is currently in the United States, but he or she will
leave the United States to obtain a visa/admission abroad.
B. Change the status and extend the stay of beneficiaries who are now in the United States in another status.
Check this box if the beneficiary is currently in the United States in a different nonimmigrant classification and is
applying to change to a new, nonimmigrant status.
Exception: If the beneficiary seeks to change status to H-1B1 Chile/Singapore or TN classification, see Item f.
below.
C. Extend the stay of each beneficiary who now holds this status. Check this box if the beneficiary is currently
in the United States in a nonimmigrant classification and is requesting an extension of his or her stay in the same
nonimmigrant classification.
Exception: If the beneficiary seeks to extend his/her stay in H1B1 Chile/Singapore or TN classification, see
Item e. below.
D. Amend the stay of each beneficiary who now holds this status. Check this box if the beneficiary is currently in
the United States in the same nonimmigrant classification and you are notifying USCIS of any material changes
in the terms and conditions of employment, training or the beneficiary’s eligibility as specified in the original
approved petition.
E. Extend the status of a nonimmigrant classification that is based on a Free Trade Agreement. Check this box
if the beneficiary is currently in the United States based on a Free Trade Agreement (H-1B1 Chile/Singapore or
TN classification) and is requesting an extension of his or her stay in that same classification.
F. Change status to a nonimmigrant classification that is based on a Free Trade Agreement. Check this box
if the beneficiary is currently in the United States in a different nonimmigrant classification and is applying
to change to a nonimmigrant classification based on a Free Trade Agreement (H-1B1 Chile/Singapore or TN
classification).
Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in the
United States
U.S. Export Controls on Release of Controlled Technology or Technical Data to Foreign Persons. The Export
Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (ITAR) (22
CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S. Government before releasing to
foreign persons in the United States controlled technology or technical data. Under both the EAR and the ITAR, release
of controlled technology or technical data to foreign persons in the United States--even by an employer--is deemed to be
an export to that person’s country or countries of nationality. One implication of this rule is that a U.S. company must
seek and receive a license from the U.S. Government before it releases controlled technology or technical data to its
nonimmigrant workers employed as H-1B, H-1B1, L-1, or O-1A beneficiaries.
Form I-129 Instructions 01/17/17 N
Page 5 of 29

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