Form M-1097 - Optional Checklist For Form I-129 H-2a Filings Page 3
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4Additional Documentation to Show the Worker Qualifies for H-2A Employment
You may file for more than one worker on a single petition if:
1. All of the beneficiaries will perform the same services for the same period of time and in the same location;
2. The total number of H-2A workers you request does not exceed the number of positions indicated on the
corresponding ETA Form 9142; and
3. You request the same action for all beneficiaries included on the petition. The requested action must be one of
the following:
a. Notification of a U.S. Embassy or Consulate, Port of Entry (POE), or Pre-Flight Inspection (PFI);
b. Extension in H-2A classification;
c. Change of status; or
d. Amended stay.
If ETA Form 9142 states the workers require certain education, training, experience, or other special requirements,
you must:
1. Name the workers on the petition; and
2. Provide documentation to show that each worker qualifies for the job offered.
If you are requesting a change of status or extension of stay, provide evidence of each worker's previous nonimmigrant
classification and maintenance of status. This evidence may include, but is not limited to:
1. Copies of each worker's most recent paystubs;
2. Copies of each worker's Form I-94, Arrival-Departure Record;
3. Copies of the biographic information pages from each worker's passport or travel document; and
4. Documents showing how long the workers have been present in the United States.
If you are filing an amended petition due to the unavailability of H-2A workers you originally requested, provide:
1. A copy of the original H-2A petition approval notice;
2. A photocopy of the previously submitted ETA Form 9142;
3. A statement explaining why the substitution is necessary;
4. Evidence that the total number of workers will not exceed the number of H-2A workers authorized on ETA Form
9142; and
5. Evidence of the qualifications of the newly identified beneficiaries, if applicable.
H-2 Eligible Countries List Requirements
Are you requesting workers from a country that is included on the H-2 Eligible Countries List? See
for the current list.
Yes You are only required to provide the names and biographical information on Attachment 1 of Form I-129 for
requested workers who are currently in the United States. You do not have to provide the names of requested
workers who are outside the United States, but you must provide their countries of birth and citizenship so that
USCIS may verify that the countries are included on the H-2 Eligible Countries List.
You must provide the names and biographical information on Attachment 1 of Form I-129 for all requested
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workers - including workers who are outside the United States. Additionally, you must establish that
employment of the worker is in the U.S. interest. When determining whether the U.S. interest requirement has
been met in an H-2A petition, USCIS considers the following:
Form M-1097 12/23/16 N
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