Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 8

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4. A copy of any required license or other official permission to practice the occupation in the state of intended
employment; and
5. A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed.
6. Off-site Assignment of H-1B Beneficiaries: Petitioners seeking to place the H-1B beneficiary off-site at a location
other than their own location must answer general questions regarding this assignment in Part 5., Basic Information
About the Proposed Employment and Employer. Petitioners should advise the H-1B beneficiary of the off-site
work placement.
Additionally, petitioner should submit an itinerary that shows the dates and places of assignment if the beneficiary will
be providing services at more than one location.
The H-1B classification is also for aliens coming to the United States to perform services of an exceptional nature
relating to a cooperative research and development project administered by the U.S. Department of Defense
(DOD).
Write H-1B2 in the classification requested block.
A U.S. employer or U.S. agent may file the petition.
The petition must be filed with:
1. A description of the proposed employment;
2. Evidence that the services and project meet the above conditions;
3. A statement listing the names of aliens who are currently or have been employed on the project within the past year,
along with their dates of employment;
4. Evidence that the beneficiary holds a bachelor’s or higher degree or its equivalent in the field of employment; and
5. A verification letter from the DOD project manager. Details about the specific project are not required.
The H-1B classification is also for aliens of distinguished merit and ability in the field of fashion modeling.
Write H-1B3 in the classification block.
The petition must be filed by a U.S. employer or U.S. agent. The petitioner must submit evidence that establishes the
beneficiary will perform services at events or productions of a distinguished reputation. Such evidence includes:
1. Documentary evidence (such as certifications, affidavits, and reviews) to establish the beneficiary is a fashion model
of distinguished merit and ability. Any affidavits submitted by present or former employers or recognized experts
must set forth their expertise of the affiant and the manner in which the affiant acquired such information; and
2. Copies of any written contracts between the petitioner and the beneficiary or, if there is no written agreement, a
summary of the terms of the oral agreement under which the beneficiary will be employed.
General H-1B Requirements
Three relevant laws impacting the filing of H-1B and/or L visa petitions; include:
1. The American Competitiveness and Workforce Improvement Act (ACWIA), Public Law 105-277 (signed into
law on October 21, 1998);
2. The H-1B Visa Reform Act of 2004 (signed into law on December 8, 2004); and
3. Public Law 114-113 (signed into law on December 18, 2005).
Because of ACWIA, H-1B and H-1B1 free trade nonimmigrant petitioners must complete the H-1B Data Collection and
Filing Fee Exemption Supplement, which is part of this petition. We use this supplement (formerly issued separately as
Form I-129W) to collect additional information about the H-1B nonimmigrant workers and the H-1B petitioners, and to
determine the applicability of fees mandated by ACWIA (INA section 214(c)(9)), the H-1B1 Visa Reform Act of 2004
(INA section 214(c)(12)), and Public Law 114-113.
Form I-129 Instructions 01/17/17 N
Page 8 of 29

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