Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 7 of 29) in pdf

Part 1. Petition Always Required

The following classifications always require a petition.

The initial evidence listed below and the initial evidence listed under the instructions for a change of status or extension of

stay must be included with a petition for a new or concurrent employment or for an extension where there is a change in

previously approved employment.

However, a petition for extension based on unchanged, previously approved employment should only be filed with the

initial evidence required in the extension of stay instructions.

E-2 CNMI

An E-2 CNMI investor is an alien who seeks to enter or remain in the Commonwealth of the Northern Mariana

Islands (CNMI) in order to maintain an investment in the CNMI that was approved by the CNMI government

prior to November 28, 2009. An E-2 CNMI investor classification is specifically limited to an alien investor who

has previously been granted a qualifying long term investor status under the laws of the CNMI. This classification

allows an eligible alien to be lawfully present in the CNMI in order to maintain the investment during the

transition period from CNMI to Federal immigration law. An investor’s nationality is not a qualifying factor in the

issuance of an E-2 CNMI investor classification.

This classification expires on December 31, 2019

A petition for the initial issuance of an E-2 CNMI investor classification must be filed within 2 years of the date the E-2

CNMI investor classification became available, which was January 18, 2011. Petitions for the initial issuance of the E-2

CNMI filed after January 18, 2013 will be rejected.

Requests for extension of the E-2 CNMI investor classification may be granted, in increments of not more than 2 years,

until December 31, 2019.

Applications for the dependents of E-2 CNMI investors must be filed on Form I-539, Application to Extend/Change

Nonimmigrant Status.

Write E-2C in the classification block.

The petition must be filed with documentary evidence of:

1. Continuous maintenance of the terms and conditions of E-2 CNMI investor nonimmigrant status;

2. Physical presence in the CNMI at the time of filing of the extension of stay request; and

3. The fact that the beneficiary will not leave during the pendency of the extension of stay request.

H-1B Nonimmigrants (Three Types)

The H-1B classification is for aliens coming to the United States temporarily to perform services in a specialty

occupation.

Write H-1B in the classification block.

A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized

knowledge to fully perform the occupation and requires the attainment of a bachelor’s or higher degree in a specific

specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

The petition must be filed by a U.S. employer or a U.S. agent and must be filed with:

1. Evidence that a labor condition application (LCA) has been certified by the U.S. Department of Labor;

2. Evidence showing that the proposed employment qualifies as a specialty occupation;

3. Evidence showing that the beneficiary has the required degree by submitting either:

A. A copy of the beneficiary’s U.S. bachelor’s or higher degree as required by the specialty occupation;

B. A copy of a foreign degree and evidence that it is equivalent to the U.S. degree; or

C. Evidence of education, specialized training, and/or progressively responsible experience that is equivalent to the

required U.S. degree.

Form I-129 Instructions 01/17/17 N

Page 7 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 7

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