Instructions for Petition for Nonimmigrant Worker
Department of Homeland Security
U.S. Citizenship and Immigration Services
Form I-129 Instructions 04/01/24 Page 1 of 30
USCIS
Form I-129
OMB No. 1615-0009
Expires 02/28/2027
Table of Contents Page
Instructions for Form I-129
General Information
The Purpose of Form I-129 .............................................................................................................................................2
Who May File Form I-129?
............................................................................................................................................3
General Filing Instructions
..............................................................................................................................................3
Classication-Initial Evidence
........................................................................................................................................7
Reduced Fees For Small Employers and Non-Prots......................................................................................................7
Part 1. Petition Always Required
E-2 CNMI Classication ................................................................................................................................................. 8
H Classications
..............................................................................................................................................................8
H-1B Data Collection
....................................................................................................................................................10
L Classication
..............................................................................................................................................................17
O and P Classications
..................................................................................................................................................18
Q-1 Classication
.......................................................................................................................................................... 22
R-1 Classication
..........................................................................................................................................................23
Part 2. Petition Only Required for a Nonimmigrant in the United States to Change Status or Extend Stay
E Classications (not including E-2 CNMI) ................................................................................................................. 24
Free Trade Nonimmigrant Classications (H-1B1 and TNs)
........................................................................................25
Filing Requirements
Written Consultation for O and P Nonimmigrants ........................................................................................................27
Liability for Return Transportation................................................................................................................................27
When To File?
...............................................................................................................................................................27
Where To File?
..............................................................................................................................................................27
Additional Information
Address Change.............................................................................................................................................................28
Processing Information
.................................................................................................................................................28
USCIS Forms and Information
.....................................................................................................................................28
Penalties........................................................................................................................................................................ 29
USCIS Compliance Review and Monitoring
................................................................................................................ 29
DHS Privacy Act
...........................................................................................................................................................29
Paperwork Reduction Act
.............................................................................................................................................30
Supplements to Form I-129
E-1/E-2 Classication Supplement .................................................................................................................................9
Trade Agreement Supplement
....................................................................................................................................... 11
H Classication Supplement
.........................................................................................................................................13
H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement
..................................................................19
L Classication Supplement
..........................................................................................................................................22
O and P Classications Supplement
..............................................................................................................................26
Q-1 Classication Supplement
......................................................................................................................................29
Form I-129 Instructions 04/01/24 Page 2 of 30
R-1 Classication Supplement ...................................................................................................................................... 30
Attachment - 1 (Used when more than one beneciary is included on the form).........................................................35
The Purpose of Form I-129
This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for a beneciary to
come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training.
Form I-129 consists of the:
1. Basic petition;
2. Individual supplements relating to specic classications; and
3. H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classications only).
These instructions are divided into two parts:
Part 1: Classications that always require a petition.
E-2 CNMI -- treaty investor exclusively in the Commonwealth of the Northern Mariana Islands (CNMI).
H-1B -- specialty occupation worker; a beneciary coming to perform services of an exceptional nature that relate to a
U.S. Department of Defense-administered project; or a fashion model of distinguished merit and ability.
H-2A -- temporary agricultural worker.
H-2B -- temporary nonagricultural worker.
H-3 -- trainee.
L-1 -- intracompany transferee.
O-1 -- beneciary of extraordinary ability in arts, science, education, business, or athletics.
O-2 -- accompanying beneciary who is coming to the United States to assist in the artistic or athletic performance of
an O-1 artist or athlete.
P-1 -- major league sports.
P-1 -- internationally recognized athlete/entertainment group.
P-1S -- essential support personnel for a P-1.
P-2 -- artist/entertainer in reciprocal exchange program.
P-2S -- essential support personnel for a P-2.
P-3 -- artist/entertainer coming to the United States to perform, teach, or coach under a program that is culturally
unique.
P-3S -- essential support personnel for a P-3.
Q-1 -- international cultural exchange program participant.
R-1 -- religious worker.
Part 2: Classications that require a petition only if the beneciary is already in the United States and requesting an
extension of stay or a change of status:
E-1 -- treaty trader.
E-2 -- treaty investor (not including E-2 CNMI treaty investors).
E-3 -- Free Trade Agreement professionals from Australia.
Free Trade Nonimmigrants -- H-1B1 specialty occupation workers from Chile or Singapore and TN professionals
from Canada or Mexico.
Form I-129 Instructions 04/01/24 Page 3 of 30
Who May File Form I-129?
General. A U.S. employer may le this form and applicable supplements to classify a beneciary in any nonimmigrant
classication listed in Part 1. or Part 2. of these instructions. A foreign employer, U.S. agent, or association of U.S.
agricultural employers may le for certain classications as indicated in the specic instructions.
Agents. A U.S. individual or company in business as an agent may le a petition for workers who are traditionally
self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers,
and in cases where a foreign employer authorizes the agent to act on its behalf. A petition led by an agent must include
a complete itinerary of services or engagements, including dates, names, and addresses of the actual employers, and the
locations where the services will be performed. A petition led by a U.S. agent must guarantee the wages and other terms
and conditions of employment by contractual agreement with the beneciary or beneciaries of the petition. The agent/
employer must also provide an itinerary of denite employment and information on any other services planned for the
period of time requested.
Including more than one beneciary in a petition. You may include on the same petition multiple beneciaries who
seek admission in the H-2A, H-2B, H-3, P-1, P-2, P-3, P-1S, P-2S, P-3S, O-2, or Q-1 classications if the conditions listed
below are met. However, H-2A, H-2B, H-3, O-2, P-1, P-2, P-3, and P essential support petitions are limited to 25 named
beneciaries per petition.
All beneciaries must:
1. Be employed for the same period of time; and
2. Perform the same services, receive the same training, or participate in the same international cultural exchange
program.
NOTE: Employers must le a separate Form I-129 to petition for O and P essential support personnel apart from any
petition they le for O or P principal nonimmigrants or P group or team. All essential-support beneciaries listed on this
petition must establish prior essentiality to the principal O or P nonimmigrants.
Exception: It is recommended that H-2A and H-2B petitions for workers from countries not listed on the respective
“Eligible Countries List” be led separately. See www.uscis.gov for the list of H-2A and H-2B participating countries.
Multiple locations. A petition for beneciaries to perform services or labor or receive training in more than one location
must include an itinerary with the dates and locations where the services or training will take place.
Naming beneciaries. All beneciaries in a petition must be named except for an H-2A agricultural worker or an H-2B
temporary nonagricultural worker. You may not request both named and unnamed workers on the same H-2A or H-2B
petition.
Exceptions for H-2A/H-2B temporary workers: You must provide the name, date of birth, country of birth, and country
of nationality of all H-2A and H-2B workers when (1) the petition is led for a worker who is a national of a country
not designated by the Secretary of Homeland Security as eligible to participate in the H-2A or H-2B program; or (2) the
beneciary is in the United States. In addition, USCIS may require the petitioner to name H-2B beneciaries where the
name is needed to establish eligibility for H-2B nonimmigrant status.
General Filing Instructions
We provide free forms through the USCIS website. To view, print, or complete our forms, you should use the latest
version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have internet
access, you may call the USCIS Contact Center and ask that we mail a form to you.
Each petition must be accompanied by the appropriate ling fees.
Signature. You (or your signing authority) must properly complete your petition. USCIS will not accept a stamped or
typewritten name in place of any signature on this petition. If you are under 14 years of age, your parent or legal guardian
may sign the petition on your behalf. A legal guardian may also sign for a mentally incompetent person. If your petition
is not signed, or if the signature is not valid, we will reject your petition. See 8 CFR 103.2(a)(7)(ii)(A). If USCIS accepts
a request for adjudication and determines that it has a decient signature, USCIS may deny the request.
Form I-129 Instructions 04/01/24 Page 4 of 30
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature
as valid for ling purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink
signature.
Evidence. When you le your petition, you must submit all evidence and supporting documents.
Biometrics Services Appointment for Certain Beneciaries Who Will be Working in the CNMI. After receiving your
petition and ensuring completeness, USCIS will inform you in writing when the beneciary needs to go to his/her local
USCIS Application Support Center (ASC) for his/her biometrics services appointment. Failure to attend the biometrics
services appointment may result in denial of your petition.
Form I-94, Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued the beneciary
a Form I-94, Arrival/Departure Record, provide his/her Form I-94 number and date that his/her authorized period of stay
expires or expired (as shown on the Form I-94). The Form I-94 number also is known as the Departure Number on some
versions of Form I-94.
NOTE: If CBP admitted the beneciary into the United States at an airport or seaport after April 30, 2013, they may have
been issued an electronic Form I-94 instead of a paper Form I-94. He/she may visit the CBP website at www.cbp.gov/
i94 to obtain a paper version of his/her electronic Form I-94. CBP does not charge a fee for this service. Some travelers
may also be able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United
States at a land border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper
Form I-94 from CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by ling Form I-102,
Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for
Form I-102. See Form G-1055, available at www.uscis.gov/forms, for specic information about the fees applicable to
this form.
Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States,
enter the passport or travel document information in the appropriate space on the petition, even if the passport or travel
document is currently expired.
Copies. You should submit legible photocopies of requested documents unless the Instructions specically instruct you to
submit an original document. USCIS may request an original document at any time during our process. If we request an
original document from you, we will return it to you after USCIS determines it no longer needs the original.
NOTE: If you submit original documents when they are not required or requested, USCIS may destroy them after we
receive them.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certication that the English language translation is complete and accurate, and that
they are competent to translate from the foreign language into English. The certication must also include their signature,
printed name, the signature date, and their contact information.
USCIS Contact Center. For additional information on the petition and Instructions about where to le, change of
address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call 800-375-5283 (TTY
800-767-1833). The USCIS Contact Center provides information in English and Spanish.
Disability Accommodations/Modications. To request a disability accommodation/modication, follow the instructions
on your appointment notice or at www.uscis.gov/accommodationsinfo.
How To Complete 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 within this petition, use the space provided in Part 9. Additional
Information About Your Petition for Nonimmigrant Worker or attach a separate sheet of paper. Type or print the
Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number,
and Item Number to which your answer refers; and sign and date each sheet.
Form I-129 Instructions 04/01/24 Page 5 of 30
4. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None” unless
otherwise directed.
Petitioner Information
Complete the “Legal Name of Petitioner” eld (if the petitioner is an individual person or a company or organization).
For mailing address, list the address of the petitioner’s primary oce within the United States.
Basis for Classication
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 beneciary:
(1) Is outside the United States and holds no classication;
(2) Will begin employment for a new U.S. employer in a dierent nonimmigrant classication than the beneciary
currently holds; or
(3) Will work for the same employer but in a dierent nonimmigrant classication.
NOTE: Do not check this box if the beneciary will work for the same employer in the same classication but
there is a material change in the terms and conditions of employment, training, or the beneciary’s eligibility as
specied 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 beneciary in the same nonimmigrant classication the
beneciary 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.
D. New concurrent employment. Check this box if you are applying for a beneciary to begin new employment
with an additional employer in the same nonimmigrant classication the beneciary currently holds while the
beneciary will continue working for his or her current employer in the same classication.
E. Change of employer. Check this box if you are applying for a beneciary to begin employment working for a
new employer in the same nonimmigrant classication that the beneciary 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 beneciary’s eligibility as specied 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 oce listed in Part 4. so the beneciary(ies) can seek a visa or admission. Check this box if the
beneciary is outside of the United States, or, if the beneciary 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 beneciaries who are now in the United States in another status.
Check this box if the beneciary is currently in the United States in a dierent nonimmigrant classication and is
applying to change to a new, nonimmigrant status.
Exception: If the beneciary seeks to change status to H-1B1 Chile/Singapore or TN classication, see Item f.
below.
Form I-129 Instructions 04/01/24 Page 6 of 30
C. Extend the stay of each beneciary who now holds this status. Check this box if the beneciary is currently
in the United States in a nonimmigrant classication and is requesting an extension of his or her stay in the same
nonimmigrant classication.
Exception: If the beneciary seeks to extend his/her stay in H1B1 Chile/Singapore or TN classication, see
Item e. below.
D. Amend the stay of each beneciary who now holds this status. Check this box if the beneciary is currently in
the United States in the same nonimmigrant classication and you are notifying USCIS of any material changes
in the terms and conditions of employment, training or the beneciary’s eligibility as specied in the original
approved petition.
E. Extend the status of a nonimmigrant classication that is based on a Free Trade Agreement. Check this box
if the beneciary is currently in the United States based on a Free Trade Agreement (H-1B1 Chile/Singapore or
TN classication) and is requesting an extension of his or her stay in that same classication.
F. Change status to a nonimmigrant classication that is based on a Free Trade Agreement. Check this box
if the beneciary is currently in the United States in a dierent nonimmigrant classication and is applying
to change to a nonimmigrant classication based on a Free Trade Agreement (H-1B1 Chile/Singapore or TN
classication).
Certication 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 Trac 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 beneciaries.
Requirement to Certify Compliance with U.S. Export Control Regulations. The U.S. Government requires each
company or other entity that les a Form I-129 to certify that to the best of its knowledge at the time of ling it has
reviewed the Export Administration Regulations (EAR) and the International Trac in Arms Regulations (ITAR) and
determined whether it will require a U.S. Government export license to release controlled technology or technical data to
the beneciary.
If an export license is required, the company or other entity must further certify that it will not release or otherwise
provide access to controlled technology or technical data to the beneciary until it has received the required authorization
from the U.S. Government.
The petitioner must indicate whether or not a license is required in Part 6., Certication Regarding the Release of
Controlled Technology or Technical Data to Foreign Persons in the United States, of Form I-129.
Controlled Technology and Technical Data. The licensing requirements described above will aect only a small
percentage of petitioners because most types of technology are not controlled for export or release to foreign persons.
The technology and technical data that are, however, controlled for release to foreign persons are identied on the EAR’s
Commerce Control List (CCL) and the ITAR’s U.S. Munitions List (USML). The CCL is found at 15 CFR Part 774,
Supp. 1. See http://www.access.gpo.gov/bis/ear/ear_data.html#ccl. The USML is at 22 CFR 121.1. See
http://www.pmddtc.state.gov/regulations_laws/itar.html. The EAR-controlled technology on the CCL generally
pertains to that which is for the production, development, or use of what are generally known as “dual-use” items. The
ITAR-controlled technical data on the USML generally pertains to that which is directly related to defense articles.
The U.S. Department of Commerce’s Bureau of Industry and Security administers the CCL and is responsible for
issuing licenses for the release to foreign persons of technology controlled under the EAR. The U.S. Department of
State’s Directorate of Defense Trade Controls (DDTC) administers the USML and is responsible for issuing licenses
for the release to foreign persons of technical data controlled under the ITAR. Information about the EAR and how to
apply for a license from BIS are at www.bis.doc.gov. Specic information about EAR’s requirements pertaining to the
release of controlled technology to foreign persons is at www.bis.doc.gov/index.php/policy-guidance/deemed-exports.
Information about the ITAR and how to apply for a license from DDTC are at www.pmddtc.state.gov.
Form I-129 Instructions 04/01/24 Page 7 of 30
Classication - Initial Evidence
For all classications, if a beneciary is seeking a change of status or extension of stay, evidence of maintenance of
status must be included with the new petition. If the beneciary is employed in the United States, the petitioner may
submit copies of the beneciary’s last 2 pay stubs, Form W-2, and other relevant evidence, as well as a copy of the
beneciary’s Form I-94, passport, travel document, or I-797.
The beneciary’s dependent family members (generally, spouses and children under 21) should use Form I-539,
Application to Change/Extend Nonimmigrant Status, to apply for a change of status or extension of stay.
A nonimmigrant, who must have a passport to be admitted, generally must maintain a valid passport during his or her
entire stay.
The following nonimmigrants are not eligible to change status:
1. A nonimmigrant admitted under a visa waiver program;
2. A nonimmigrant is transit (C) or in transit without a visa (TWOV);
3. A crewman (D);
4. A ancé(e) (K-1) or his or her dependent (K-2);
5. A spouse of a U.S. citizen (K-3) or his or her dependent (K-4);
6. A J-1 exchange visitor who was admitted in J-1 status for the purpose of receiving graduate medical training;
7. A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement;
and
8. An M-1 student to an H classication if training received as an M-1 helped him or her qualify for H classication.
Reduced Fees For Small Employers and Non-Prots
You may qualify for a reduced fee on this form and the associated asylum program fee if you:
1. Have 25 or fewer full-time equivalent employees in the United States, including any aliates and subsidiaries; or
• Reduced fee for form and asylum program fee.
• Possible evidence to support eligibility for the reduced fees includes a copy of the petitioner’s most recent IRS
Form 941, Employer’s Quarterly Federal Return or IRS Form 943, Employer’ Annual Tax Return for Agricultural
Workers.
2. Are a not-for-prot primary or secondary educational institution, or institution of higher education, as dened in
section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a); tax exempt organization under the Internal
Revenue Code of 1986, section 501(c)(3), 26 U.S.C. 501(c)(3), or a governmental research organization as dened
under 8 CFR 214.2(h)(19)(iii)(C).
• Reduced fee for form and no asylum program fee.
• Possible evidence to support eligibility for the reduced fees includes the organization’s Determination Letter from
the IRS or copy of a currently valid IRS tax exemption certicate.
Part 1. Petition Always Required
The following classications 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 led with the
initial evidence required in the extension of stay instructions.
Form I-129 Instructions 04/01/24 Page 8 of 30
E-2 CNMI
An E-2 CNMI investor is a nonimmigrant 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 classication is specically limited to a
nonimmigrant investor who has previously been granted a qualifying long term investor status under the laws
of the CNMI. This classication allows an eligible nonimmigrant 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 classication.
This classication expires on December 31, 2029
A petition for the initial issuance of an E-2 CNMI investor classication must be led within 2 years of the date the E-2
CNMI investor classication became available, which was January 18, 2011. Petitions for the initial issuance of the E-2
CNMI led after January 18, 2013 will be rejected.
Requests for extension of the E-2 CNMI investor classication may be granted, in increments of not more than 2 years,
until December 31, 2029.
Applications for the dependents of E-2 CNMI investors must be led on Form I-539, Application to Extend/Change
Nonimmigrant Status.
Write E-2C in the classication block.
The petition must be led 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 ling of the extension of stay request; and
3. The fact that the beneciary will not leave during the pendency of the extension of stay request.
H-1B Beneciaries (Three Types)
The H-1B classication is for beneciaries coming to the United States temporarily to perform services in a
specialty occupation.
Write H-1B in the classication 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 specic
specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
The petition must be led by a U.S. employer or a U.S. agent and must be led with:
1. Evidence that a labor condition application (LCA) has been certied by the U.S. Department of Labor;
2. Evidence showing that the proposed employment qualies as a specialty occupation;
3. Evidence showing that the beneciary has the required degree by submitting either:
A. A copy of the beneciary’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.
4. A copy of any required license or other ocial permission to practice the occupation in the state of intended
employment; and
5. A copy of any written contract between the petitioner and the beneciary or a summary of the terms of the oral
agreement under which the beneciary will be employed.
6. If you are ling an H-1B cap petition for a scal year that H-1B registration is required, you must provide a valid
Beneciary Conrmation Number for the beneciary included in this petition, along with a copy of the H-1B
Registration Selection Notice.
Form I-129 Instructions 04/01/24 Page 9 of 30
7. If you are ling an H-1B cap petition for a scal year that H-1B registration is required, you must submit evidence of
the beneciary’s passport or travel document used at the time of registration to identify the beneciary.
NOTE: This evidence requirement is not applicable to H-1B2 petitions.
8. O-site Assignment of H-1B Beneciaries: Petitioners seeking to place the H-1B beneciary o-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 beneciary of the o-site
work placement.
Additionally, petitioner should submit an itinerary that shows the dates and places of assignment if the beneciary will
be providing services at more than one location.
The H-1B classication is also for beneciaries 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 classication requested block.
A U.S. employer or U.S. agent may le the petition.
The petition must be led 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 nonimmigrants who are currently or have been employed on the project within the
past year, along with their dates of employment;
4. Evidence that the beneciary holds a bachelor’s or higher degree or its equivalent in the eld of employment; and
5. A verication letter from the DOD project manager. Details about the specic project are not required.
The H-1B classication is also for beneciaries of distinguished merit and ability in the eld of fashion modeling.
Write H-1B3 in the classication block.
The petition must be led by a U.S. employer or U.S. agent. The petitioner must submit evidence that establishes the
beneciary will perform services at events or productions of a distinguished reputation. Such evidence includes:
1. Documentary evidence (such as certications, adavits, and reviews) to establish the beneciary is a fashion model
of distinguished merit and ability. Any adavits submitted by present or former employers or recognized experts
must set forth their expertise of the aant and the manner in which the aant acquired such information; and
2. Copies of any written contracts between the petitioner and the beneciary or, if there is no written agreement, a
summary of the terms of the oral agreement under which the beneciary will be employed.
General H-1B Requirements
Three relevant laws impacting the ling 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 04/01/24 Page 10 of 30
A petitioner seeking initial approval of H-1B or L nonimmigrant status for a beneciary, or seeking approval to employ
an H-1B or L nonimmigrant currently working for another employer, must submit an additional Fraud Prevention and
Detection fee. This fee does not apply to H-1B1 petitions.
Those petitioners required to submit the Fraud Prevention and Detection fee are also required to submit either an
additional H-1B or L-1 fee mandated by Public Law 114-113, if:
1. The petitioner employs 50 or more individuals in the United States;
2. More than 50 percent of those employees are in H-1B or L-1A or L-1B nonimmigrant status; and
3. Public Law 114-113 (signed into law on December 18, 2015.
To determine if they are subject to any of these fees, petitioners must complete the H-1B and H-1B1 Data Collection and
Filing Fee Exemption Supplement discussed below. See Form G-1055 for specic fee amounts.
H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement
A U.S. employer or U.S. agent who seek to place a beneciary in H-1B classication (including H-1B1 classication for
free trade nonimmigrants from Chile and Singapore) must le this supplement.
The supplement is used to:
1. Collect additional information about the H-1B employer and beneciary; and
2. Determine the appropriate American Competitiveness and Workforce Improvement Act (ACWIA) fee. The ACWIA
Fee is a training fee meant to fund the training of U.S. workers. But if the employer has 25 or fewer full-time
employees, they must pay only one-half of the required fee at INA 214(c)(9)(B). This supplement also helps to
determine whether the beneciary is subject to the H-1B numerical limitation (also known as the H-1B Cap). Please
note that the ACWIA fee may not be assessed to the beneciary.
Who is required to submit this supplement?
A U.S. employer or U.S. agent seeking to classify a beneciary as an H-1B or H-1B1 Free Trade Nonimmigrant worker
must le this supplement with the Form I-129 and the appropriate fee.
Completing Section 1. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement Form
All petitioners who seek to classify a beneciary as an H-1B or H-1B1 free trade nonimmigrant worker must answer every
question in Item Number 1. of Section 1., General Information. Guidance on how to answer these questions follows.
1. H-1B dependent employer. An “H-1B dependent employer” is an employer that:
A. Has 25 or fewer full-time-equivalent employees who are employed in the United States and employs more than
seven H-1B nonimmigrants;
B. Has at least 26 but not more than 50 full-time-equivalent employees who are employed in the United States and
employs more than 12 H-1B nonimmigrants; or
C. Has at least 51 full-time equivalent employees who are employed in the United States and employs H-1B
nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time-equivalent
employees.
2. Willful violators. A willful violator is an employer whom the U.S. Secretary of Labor has found, after notice and
opportunity for a hearing, to have willfully failed to meet a condition of the labor condition application described in
section 212(n) of the Immigration and Nationality Act.
3. Exempt H-1B nonimmigrant. An “exempt H-1B nonimmigrant” is an H-1B nonimmigrant who:
A. Receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or
B. Has attained a master’s degree or higher (or its equivalent) in a specialty related to the intended employment.
4. Highest level of formal education. In Item Number 2. of Section 1., place an “X” in the appropriate box that most
closely reects the highest level of formal education the beneciary has attained.
Form I-129 Instructions 04/01/24 Page 11 of 30
5. Major/primary eld of study. Use the beneciary’s degree transcripts to determine the primary eld of study. DO
NOT consider work experience to determine the beneciary’s major eld of study.
6. Master’s or higher degree from a U.S. institution of higher education. Indicate whether or not the beneciary has
earned a master’s or higher degree from a U.S. institution of higher education, as dened in 20 U.S.C. section 1001(a).
7. Rate of pay per year. The “rate of pay’’ is the salary or wages paid to the beneciary. Salary or wages must be
expressed in an annual full-time amount and do not include non-cash compensation or benets. For example, an
H-1B worker is to be paid $6,500 per month for a 4-month period and also provided separately a health benets
package and transportation during the 4-month period. The yearly rate of pay if he or she were working for a full year
would be 12 times the monthly rate, or $78,000. This amount does not include health benets or transportation costs.
The gure $78,000 should be entered on this form as the rate of pay.
8. SOC Code. This is the Standard Occupational Classication (SOC) Code. You can obtain the SOC codes from the
Department of Labor (DOL), Bureau of Labor Statistics at www.bls.gov/soc.
9. NAICS Code. This is the North American Industry Classication System (NAICS) Code. This code can be obtained
from the U.S. Department of Commerce, Census Bureau (www.census.gov/epcd/www/naics.html). Enter the code
from left to right, one digit in each of the six boxes. If you use a code with fewer than six digits, enter the code left to
right and then add zeros in the remaining unoccupied boxes.
For example, the code sequence 33466 would be entered as: [Each number inside a separate
box]
For example, the code sequence 5133 would be entered as: [Each number inside a separate
box]
Completing Section 2. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form
Petitioners must complete Section 2., Fee Exemption and/or Determination, to determine whether they must pay the
ACWIA fee. See Form G-1055, available at www.uscis.gov/forms, for specic information about the fees applicable to
this form. The petitioner is exempt from payment of the ACWIA fee if at least one of the following conditions apply:
1. The employer is an institution of higher education as dened in the Higher Education Act of 1965, section 101(a), 20
U.S.C. 1001(a);
2. The employer is a nonprot organization or entity related to, or aliated with an institution of higher education as
dened in 20 U.S.C. 1001(a). Such nonprot organizations or entities include, but are not limited to, hospitals and
medical research institutions;
NOTE: “Related to” or “aliated with” means the entity is:
A. Connected to or associated with the institution of higher education through shared ownership or control by the
same board or federation; or
B. Operated by the institution of higher education; or
C. Attached to the institution of higher education as a member, branch, cooperative, or subsidiary; or
D. A nonprot entity that has entered into a formal written aliation agreement with an institution of higher
education that establishes an active working relationship between the nonprot entity and the institution of higher
education for the purposes of research or education, and a fundamental activity of the nonprot entity is to directly
contribute to the research or education mission of the institution of higher education.
3. The employer is a nonprot research organization or governmental research organization that is primarily engaged in
basic research and/or applied research;
NOTE: The term “governmental research organization” is dened at 8 CFR 214.2(h)(19)(iii)(C) as “a federal, state,
or local entity whose primary mission is the performance or promotion of basic research and/or applied research.”
NOTE: “Nonprot organization or entity” means the organization or entity is:
A. Dened as a tax-exempt organization under the Internal Revenue Code of 1986, section 501(c)(3), (c)(4), or (c)(6)
(codied at 26 U.S.C. 501(c)(3), (c)(4), or (c)(6)); and
Form I-129 Instructions 04/01/24 Page 12 of 30
B. Has been approved as a tax-exempt organization for research or educational purposes by the Internal Revenue
Service.
4. This petition is the second or subsequent request for an extension of stay led by the employer regardless of when the
rst extension of stay was led or whether the ACWIA ling fee was paid on the initial petition or the rst extension
of stay;
5. This petition is an amended petition that does not contain any requests for extension of stay;
6. This petition is being led to correct a USCIS error;
7. The employer is a primary or secondary education institution;
8. The employer is a nonprot entity which engages in an established curriculum-related clinical training for students
registered at the institution of higher education.
What evidence is required under Section 2.?
Petitioners claiming an exemption from the ACWIA ling fee must submit evidence showing why the organization or
entity is exempt.
Completing Section 3. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form
All petitioners must complete Section 3., Numerical Limitation Information, to determine whether the beneciary is
subject to the H-1B cap.
Public Law 110-229 provides that nonimmigrant workers admitted to Guam or CNMI are exempt from the statutory caps
for the H visa programs through December 31, 2029.
The Form I-129 H Classication Supplement and H-1B Data Collection and Filing Fee Exemption Worksheet require
employers to indicate the specic reason for any claimed cap exemption. Please select, in Section 3 of the H-1B and
H-1B1 Data Collection and Filing Fee Exemption Supplement, the reason(s) this petition is exempt from the numerical
limitation for H-1B classication:
1. The employer is an institution of higher education as dened in 20 U.S.C. 1001(a);
2. The employer is a nonprot entity related to or aliated with an institution of higher education as dened in 8 CFR
214.2(h)(8)(ii)(F)(2);
3. The employer is a nonprot research organization or governmental research organization that is primarily engaged in
basic research and/or applied research as dened in 8 CFR 214.2(h)(8)(ii)(F)(3);
NOTE: To determine if you qualify for exemption from the H-1B cap as an institution of higher education, nonprot
entity related to or aliated with an institution of higher education, nonprot research organization or governmental
research organization, please refer to the denitions of those terms in the section above (“Completing Section 2. of the
H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form”).
4. The beneciary will spend the majority of his or her work time performing job duties at a qualifying institution,
organization, or entity and those job duties directly and predominantly further the essential purpose, mission,
objectives, or functions of the qualifying institution, organization, or entity, namely, either higher education, nonprot
research, or governmental research;
NOTE: The burden is on the H-1B petitioner to establish that there is a nexus between the duties to be performed
by the H-1B beneciary and the essential purpose, mission, objectives or functions of the qualifying institution,
organization or entity.
5. The beneciary is currently employed at a cap-exempt institution, entity, or organization and you seek to concurrently
employ the H-1B beneciary;
6. The beneciary is a J-1 nonimmigrant physician who has received a waiver based on section 214(l) of the Act;
7. The beneciary of this petition has been counted against the regular H-1B cap or masters cap exemption; and
A. This petition is an amended petition without an extension of stay request;
B. You are applying to extend or obtain H-1B classication for time remaining (including through recapture) on the
beneciary’s full period of authorized admission; or
Form I-129 Instructions 04/01/24 Page 13 of 30
C. You are seeking an extension beyond the 6-year period of authorized admission limitation based on sections
104(c) or 106(a) and 106(b) of the American Competitiveness in the Twenty-rst Century Act (AC21); or
8. The petitioner is an employer eligible for the Guam-CNMI cap exemption pursuant to Public Law 110-229.
H-2A Nonimmigrants
The H-2A classication is for beneciaries coming to the United States temporarily to perform agricultural labor
or services of a temporary or seasonal nature.
Write H-2A in the classication block.
Total number of workers: The total number of workers you request on an H-2A petition must not exceed the number of
workers approved by the Department of Labor on the temporary labor certication. If naming beneciaries, a single H-2A
petition may not include more than 25 named workers. A petitioner may le additional petitions if requesting more than
25 named workers.
Naming beneciaries. Generally, you may request named or unnamed workers as beneciaries of an H-2A petition.
However, you may not request both named and unnamed workers on the same H-2A petition.
Workers must be named if you request workers who:
1. Are currently in the United States; and
2. Are nationals of countries that are not on the eligible countries list (see link and information below).
The petition may be led by:
1. The employer listed on the temporary labor certication;
2. The employer’s agent; or
3. The association of U.S. agricultural producers named as a joint employer on the temporary labor certication.
The petitioner, employer (if dierent from the petitioner), and each joint employer must complete and sign the relevant
sections of the H Classication Supplement.
Additionally, the petitioner must submit:
1. A single valid temporary labor certication from the U.S. Department of Labor;* and
2. Evidence showing that each named beneciary meets the minimum job requirements stated in the temporary labor
certication at the time the certication application was led.
* Under certain emergent circumstances, as determined by USCIS, petitions requesting a continuation of
employment with the same employer for 2 weeks or less are exempt from the temporary labor certication
requirement. See 8 CFR 214.2(h)(5)(x).
E-Verify and H-2A Petitions
In certain cases, H-2A workers may start work immediately after a petitioner les a Form I-129 on their behalf. This may
happen only if:
1. The petitioner is a participant in good standing in the E-Verify program; and
2. The requested workers are currently in the United States in a lawful nonimmigrant status, and either:
A. Changing status to H-2A, or
B. Extending their stay in H-2A status by changing employers.
If the petitioner and the requested H-2A workers meet these criteria, provide the E-Verify Company ID or Client Company
ID in Section 2., Complete This Section If Filing For H-2A or H-2B Classication, of the H Classication Supplement.
See 8 CFR 274a.12(b)(21) for more information.
H-2B Nonimmigrants
The H-2B classication is for beneciaries coming to the United States temporarily to engage in nonagricultural
services or labor that is based on the employer’s seasonal, intermittent, peak load, or one-time need.
Form I-129 Instructions 04/01/24 Page 14 of 30
Write H-2B in the classication block.
Total number of workers: The total number of workers you request on an H-2B petition must not exceed the number of
workers approved by the Department of Labor on the temporary labor certication. If naming beneciaries, a single H-2B
petition may not include more than 25 named workers. A petitioner may le additional petitions if requesting more than
25 named workers.
Naming beneciaries. Generally, you may request named or unnamed workers as beneciaries of an H-2B petition.
However, you may not request both named and unnamed workers on the same H-2B petition.
Workers must be named if you request workers who:
1. Are currently in the United States; and
2. Are nationals of countries that are not on the eligible countries list (see link and information below).
The petition must be led by a U.S. employer, a U.S. agent, or a foreign employer ling through a U.S. agent. The
petitioner and employer (if dierent from the petitioner) must complete and sign the relevant sections of the H
Classication Supplement.
Additionally, the petitioner must submit:
1. An approved temporary labor certication from the U.S. Department of Labor (or the Governor of Guam, if the
employment will occur in Guam);** and
2. Evidence showing that each named beneciary meets the minimum job requirements, if any, stated on the temporary
labor certication.
** Petitions led on behalf of Canadian musicians who will be performing for 1 month or less within 50 miles
of the U.S. - Canadian border do not require a temporary labor certication. Petitions which require work in
the jurisdictions of both the U.S. and Guam Departments of Labor must submit an approved temporary labor
certication from each agency.
H-2B Start Date
A petition for H-2B workers must request an employment start date that matches the start date approved by the
Department of Labor on the temporary labor certication. Petitions without matching start dates may be denied. This
does not apply to amended petitions which request to substitute H-2B workers using the same temporary labor certicate.
Additional Information Regarding H-2A and H-2B Petitions
Eligible Countries List
H-2A and H-2B petitions may generally only be approved for nationals of countries that the Secretary of Homeland
Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2 program. The
current list of eligible countries is located at www.uscis.gov/h-2a and www.uscis.gov/h-2b.
Nationals of countries that are not eligible to participate in the H-2 program may still be named as beneciaries on an
H-2A or H-2B petition. To do so, you must:
1. Name each beneciary who is not from an eligible country; and
2. Provide evidence to show that it is in the U.S. interest for the national to be the beneciary of such a petition.
USCIS’ determination of what constitutes U.S. interest takes into account certain factors, including but not limited to:
1. Evidence demonstrating that a worker with the required skills is not available from among foreign workers from a
country currently on the eligible countries list;
NOTE: Also, for H-2A petitions only, the petitioner must submit evidence demonstrating that a U.S. worker with the
required skills is not available.
2. Evidence that the beneciary has been admitted to the United States previously in H-2A or H-2B status;
Form I-129 Instructions 04/01/24 Page 15 of 30
3. The potential for abuse, fraud, or other harm to the integrity of the H-2A or H-2B visa program through the potential
admission of a beneciary from a country not currently on the eligible countries list; and
4. Such other factors as may serve the U.S. interest.
Prohibited Fees
As a condition of approval of an H-2A or H-2B petition, no job placement fee or other compensation (either direct or
indirect) may be collected at any time from a beneciary of an H-2A or H-2B petition. This includes collection by a
petitioner, agent, facilitator, recruiter, or similar employment service, as a condition of employment, whether before or
after the ling or approval of a petition. Unless the payment of such fees by a worker is prohibited under law, the only
exceptions to this are:
1. The lower of the actual cost or fair market value of transportation to the oered employment; and
2. Any government-mandated passport, visa, or inspection fees.
If USCIS determines any of the following have occurred, the petition will be denied or revoked. The only exceptions to a
mandatory denial or revocation are found at 8 CFR 214.2(h)(5)(xi)(A)(4) and 8 CFR 214.2(h)(6)(i)(B)(4):
1. You collected, or entered into an agreement to collect, prohibited fees as described above;
2. You knew, or should have known, at the time of ling the petition that the beneciary paid, or agreed to pay, any
agent, facilitator, recruiter, or similar employment service as a condition of employment;
3. The beneciary paid you prohibited fees or compensation as a condition of employment after the petition was led; or
4. You knew, or had reason to know, that the beneciary paid, or agreed to pay, the agent, facilitator, recruiter, or similar
employment service prohibited fees after the petition was led.
The petition should be led with evidence that indicates the beneciaries have not paid, and will not pay, prohibited fees
to the best of your knowledge.
Interrupted Stays
Interrupted stays are certain periods of time that a worker spends outside the United States during an authorized period
of stay in H-2A or H-2B status. An interrupted stay does not count toward the worker’s maximum 3-year limit in the
classication.
An H-2A or H-2B worker may qualify for an interrupted stay under the following conditions:
If the worker was in the United States in H-2 status
for an aggregate period of:
Then H-2 time is interrupted if he or she is outside
the United States for:
18 months or less At least 45 days, but less than 3 months
More than 18 months, but less than 3 years At least 2 months
Time in H-2A or H-2B status is not automatically interrupted if the worker departs the United States. It is considered
interrupted only if the guidelines in the above chart are met. For more on interrupted stays, see www.uscis.gov.
Notication Requirements
By ling an H-2A or H-2B petition, you agree to notify USCIS within 2 work days if an H-2A or H-2B worker:
1. Fails to report to work within 5 workdays after the employment start date stated on the petition or within 5 workdays
after the start date as established by the H-2A employer, whichever is later;
2. Completes the labor or services more than 30 days earlier than the employment end date stated on the petition;
3. Absconds from the worksite; or
4. Is terminated prior to the completion of the services or labor.
Failure to comply with this agreement may result in penalties. See www.uscis.gov for more information.
Form I-129 Instructions 04/01/24 Page 16 of 30
Filing Multiple Petitions
You generally may le one petition to request all of your H-2A or H-2B workers associated with one temporary labor
certication (with a limit of 25 named workers per petition). In cases where ling a separate petition is not required, it
may be advantageous to le more than one H-2A or H-2B petition instead. This can occur when you petition for multiple
workers, some of whom may not qualify for part or all of the validity period you request. This most frequently occurs
when:
1. Some of the workers you request are not nationals of a country on the eligible countries list;
2. You request interrupted stays for workers; or
3. At least one worker is nearing the 3-year maximum stay limit.
If we request additional evidence because of these situations, it may delay petition processing. Filing separate petitions
for workers who are not aected by these scenarios may enable you to quickly obtain some workers, if they are otherwise
eligible, in the event that the petition for your other workers is delayed.
If you decide to le more than one petition with the same temporary labor certication, you may do so if:
1. One petition is accompanied by the original temporary labor certication;
2. The total number of beneciaries on your petitions does not exceed the total number of workers approved by the U.S.
Department of Labor on the temporary labor certication; and
3. The other petitions are accompanied by copies of the same temporary labor certication, along with an attachment
explaining why the original was not submitted.
H-3 Nonimmigrants (Two Types)
The H-3 classication is for beneciaries coming to the United States temporarily to participate in a special
education exchange visitor program in the education of children with physical, mental, or emotional disabilities.
Write H-3 in the classication block.
Including more than one beneciary in a petition. You may include up to 25 beneciaries on the same petition if all
beneciaries will receive the same training for the same period of time in the same location. If you seek H-3 classication
for more than 25 beneciaries, you must le more than one petition.
Any custodial care of the children must be incidental to the training program. The petition must be led by a U.S.
employer, which must be a facility which has professionally trained sta and a structured program for providing education
to children with disabilities and training and hands-on experience to participants in the special education exchange visitor
program. The petition must be led with:
1. A description of the training, sta, and facilities; evidence that the program meets the above conditions; and details of
the beneciary’s participation in the program; and
2. Evidence showing that the beneciary is nearing completion of a baccalaureate degree in special education, or already
holds such a degree, or has extensive prior training and experience in teaching children with physical, mental, or
emotional disabilities.
The H-3 classication is also for beneciaries coming to the United States temporarily to receive training from an
employer in any eld other than graduate medical education or training.
Write H-3 in the classication block.
The petition must be led with:
1. A detailed description of the structured training program, including the number of classroom hours per week and the
number of hours of on-the-job training per week;
2. A summary of the prior training and experience of each beneciary in the petition; and
3. An explanation stating why the training is required, whether similar training is available in the beneciary’s country,
how the training will benet the beneciary in pursuing a career abroad, the source of any remuneration the trainee
will receive and any benet the petitioner will obtain by providing the training.
Form I-129 Instructions 04/01/24 Page 17 of 30
L-1 Nonimmigrants (Two Types)
The L-1A classication is for beneciaries coming to the United States temporarily to perform services in a
managerial or executive capacity for the same employer (or for the parent, branch, subsidiary, or aliate of the
employer) that employed the beneciary abroad in a capacity that was managerial or executive in nature, or one that
required specialized knowledge, for at least 1 continuous year within the last 3 years. In the case of an L-1A beneciary
who is coming to the United States to set up a new oce, the 1 year of experience abroad must have been in an executive
or managerial capacity.
Write L-1A in the classication block.
Either a U.S. employer or foreign employer may le the petition, but the foreign employer must have a legal business
entity in the United States.
The L-1B classication is for beneciaries coming to the United States temporarily to perform services that
require specialized knowledge for the same employer (or for the parent, branch, subsidiary, or aliate of the employer)
that employed the beneciary abroad in a capacity that was managerial or executive in nature, or one that required
specialized knowledge for at least 1 continuous year within the last 3 years.*** Specialized knowledge is either: (a)
special knowledge of the petitioning employer’s product, service research, equipment, techniques, management, or other
interests and its application in international markets or (b) an advanced level of knowledge or expertise in the employing
organization’s processes or procedures.
*** In the case of blanket petitions, the L-1B must be a specialized knowledge professional. There is no requirement,
however, that the person have acted in a “professional capacity” while abroad for purposes of meeting the one-year
requirement.
Write L-1B in the classication block.
General L Classication Requirements
Either a U.S. or foreign employer may le the petition.
The petition must be led with:
1. Evidence establishing the existence of the qualifying relationship between the U.S. and foreign employer based on
ownership and control, such as: an annual report, articles of incorporation, nancial statements, or copies of stock
certicates. Note: Whether such evidence will be sucient to meet the petitioner’s burden of establishing such a
qualifying relationship will depend on the quality and probative value of the evidence submitted.
2. Evidence of the beneciary’s employment for the required one year abroad in, as applicable, a managerial, executive,
or specialized knowledge capacity. Such evidence may include, but is not limited to, a letter from the beneciary’s
foreign qualifying employer detailing his or her dates of employment, job duties, and qualications, along with
supporting documentary evidence; and
3. A description of the proposed job duties and qualications, and evidence showing that the proposed employment is in
an executive, managerial, or specialized knowledge capacity.
Evidence for a New Oce
In addition to the evidence required under the General L Classication Requirements section above, if the beneciary
is coming to the United States to open or to be employed in a new oce in the United States, the petitioner must submit
evidence to show the following:
For managerial or executive capacity (L-1A):
1. Sucient physical premises to house the new oce have been secured;
2. The beneciary has been employed for 1 continuous year in the 3-year period preceding the ling of the petition in an
executive or managerial capacity and that the proposed employment involves executive or managerial authority over
the new operation; and
3. The intended U.S. operation, within 1 year of approval, will support an executive or managerial position. This
statement should be supported by information regarding:
Form I-129 Instructions 04/01/24 Page 18 of 30
A. The proposed nature of the oce describing the scope of the entity, its organizational structure, and its nancial
goals;
B. The size of the United States investment and the foreign entity’s nancial ability to remunerate the beneciary and
to commence doing business in the United States; and
C. The organizational structure of the foreign entity.
For specialized knowledge capacity (L-1B):
1. Sucient physical premises to house the new oce have been secured; and
2. The petitioner has the nancial ability to remunerate the beneciary and to commence doing business in the
United States.
O-1A Nonimmigrants
The O-1A classication is for beneciaries coming to the United States temporarily who have extraordinary ability
in the sciences, education, business, or athletics (not including the arts, motion picture, or television industry). The
extraordinary ability must be demonstrated by sustained national or international acclaim.
Write O-1A in the classication block.
The petition must be led with:
1. A written consultation from a peer group or labor and/or management organization with expertise in the eld (which
could include a person or persons with expertise in the eld (see General Evidence);
2. A copy of any written contract between the employer and the beneciary or a summary of the terms of the oral
agreement under which the beneciary will be employed;
3. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and
a copy of any itinerary for the events and activities; and
4. Evidence of the beneciary’s extraordinary ability, such as receipt of major nationally or internationally recognized
awards or prizes for excellence in the eld, documentation of the beneciary’s membership in associations in the
eld which require outstanding achievements of their members, published material relating to the beneciary’s work,
evidence of the beneciary’s original scholarly work or, contributions of major signicance to the eld, evidence of
the beneciary’s high salary within the eld, evidence that the beneciary participated individually on a panel that
judges the work of others in the eld, or evidence of the beneciary’s prior employment in a critical or essential
capacity for organizations and establishments that have a distinguished reputation.
NOTE: If the preceding forms of evidence do not readily apply to the beneciary’s eld of endeavor, you may submit
other comparable evidence.
O-1B Nonimmigrants
The O-1B classication is for beneciaries coming to the United States temporarily who have extraordinary ability
in the arts or extraordinary achievement in the motion picture or television industry.
Write O-1B in the classication block.
The petition must be led with:
1. A written consultation from a peer group (which could be a person with expertise in the beneciary’s eld), a labor,
and/or a management organization (see General Evidence). If the petition is based on the beneciary’s extraordinary
achievement in the motion picture or television industry, separate consultations are required from the relevant labor
and management organizations;
2. A copy of any written contract between the employer and the beneciary or a summary of the terms of the oral
agreement under which the beneciary will be employed;
Form I-129 Instructions 04/01/24 Page 19 of 30
3. Evidence that the beneciary has received or been nominated for signicant national or international awards or
prizes in the eld, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award, or at least three of the
following:
A. Evidence that the beneciary has performed and will perform as a lead or starring participant in productions or
events that have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases,
publications contracts, or endorsements;
B. Evidence that the beneciary has achieved national or international recognition for achievements in the eld as
evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade
journals, magazines, or other publications;
C. Evidence that the beneciary has a record of major commercial or critically acclaimed successes, as evidenced
by title, rating, standing in the eld, box oce receipts, and other occupational achievements reported in
publications;
D. Evidence that the beneciary has received signicant recognition from organizations, critics, government
agencies, or other recognized experts;
E. Evidence that the beneciary commands or will command a high salary or other remuneration for services in
relation to others in the eld; or
F. Evidence that the beneciary has performed and will perform in a lead or starring role for organizations that have
a distinguished reputation.
NOTE: If you are applying for O-1B in the Arts and the preceding forms of evidence do not readily apply to the
beneciary’s eld of endeavor, you may submit other comparable evidence.
O-2 Nonimmigrants
The O-2 classication is for beneciaries coming to the United States temporarily and solely to assist in the
performance of an O-1 artist or athlete because he or she performs support services that are integral to the
successful performance of the O-1. No test of the U.S. labor market is required. The beneciary must have critical
skills and experience with the O-1 which must not be of a general nature or possessed by U.S. workers.
Write O-2 in the classication block.
This form must be led in conjunction with an O-1 petition and led with:
1. A written consultation (see General Evidence);
A. If it is for support of an athlete or an alien with extraordinary ability in the arts, the consultation must be from an
appropriate labor organization; or
B. If it is for support of an alien with extraordinary achievement in motion pictures or television, the consultation
must be from an appropriate labor organization and management organization.
2. Evidence of the current essentiality, critical skills, and experience of the O-2 with the O-1 and evidence that the
beneciary has substantial experience performing the critical skills and essential support services for the O-1 principal
nonimmigrant. In the case of a specic motion picture or television production, the evidence must establish that
signicant production has taken place outside the United States, and will take place inside the United States, and that
the continuing participation of the beneciary is essential to the successful completion of the production.
Including more than one beneciary in a petition. You may include up to 25 beneciaries seeking O-2 classication on
the same petition if they will all be assisting the same O-1 for the same events or performances, during the same period of
time, and in the same location.
If you seek O classication for more than 25 beneciaries, or if the above conditions do not apply, you must le a separate
petition.
Employers must le separate petitions for O-2 accompanying aliens providing essential support. These beneciaries may
not be included in the same petition as the O-1 principal they seek to accompany.
Form I-129 Instructions 04/01/24 Page 20 of 30
P-1A or P-1 Major League Sports
The P-1A classication is for beneciaries coming to the United States temporarily to perform at a specic athletic
competition as an individual or as part of a group or team participating at an internationally recognized level of
performance.
P-1 Major League Sports classication is for an association of teams or clubs that compete chiey among themselves
which include major league athletes, minor league sports, and any aliates associated with the major leagues including
but not limited to baseball, hockey, soccer, basketball, and football. Support personnel for Major League Sports include
coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
Write P-1A in the classication block.
Including more than one beneciary in a petition. You may include up to 25 beneciaries on the same petition,
provided that the beneciaries are all members of a team. If you seek P-1A or P-1 classication for more than 25
beneciaries, you must le more than one petition.
The petition must be led with:
1. A written consultation (see General Evidence);
2. A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with
national or international recognition in the sport, if such contracts are normally utilized in the sport; and
3. Evidence of at least two of the following:
A. Signicant participation in a prior season with a major U.S. sports league;
B. Signicant participation in a prior season for a U.S. college or university in intercollegiate competition;
C. Participation in international competition with a national team;
D. A written statement from a member of the sports media or a recognized expert in the sport which details how the
beneciary or team is internationally recognized;
E. A written statement from an ocial of a major U.S. sports league or ocial of the governing body for a sport that
details how the beneciary or team is internationally recognized;
F. That the beneciary or team is ranked if the sport has international rankings; or
G. That the beneciary or team has received a signicant honor or award in the sport.
P-1B Entertainer or Entertainment Group
The P-1B classication is for beneciaries coming to the United States temporarily to perform as a member of an
entertainment group that has been recognized internationally as outstanding in the discipline for a substantial
period of time, and who has had a sustained relationship with the group (ordinarily for at least 1 year).
Write P-1B in the classication block.
Including more than one beneciary in a petition. You may include up to 25 beneciaries on the same petition,
provided that the beneciaries are all members of a group. If you seek P-1B classication for more than 25 beneciaries,
you must le more than one petition.
The petition must be led with:
1. A written consultation (see General Evidence);
2. Evidence that the beneciary or group is internationally recognized in the discipline as demonstrated by the
submission of evidence of the group’s receipt of or nomination for signicant international awards or prizes for
outstanding achievement, or evidence of at least two of the following:
A. The beneciary or group has performed, and will perform as a starring or leading group in productions or events
with a distinguished reputation;
B. The beneciary or group has achieved international recognition and acclaim for outstanding achievement in the
eld;
Form I-129 Instructions 04/01/24 Page 21 of 30
C. The group has performed, and will perform, services as a star or leading group for organizations and
establishments that have a distinguished reputation;
D. The beneciary or group has a record of major commercial or critically acclaimed success;
E. The beneciary or group has received signicant recognition for achievements from critics, organizations,
government agencies, or other recognized experts in the eld; or
F. The beneciary or group commands a high salary or other substantial remuneration for services compared to other
similarly situated in the eld.
3. Evidence that 75 percent of the members of the group have had a sustained and substantial relationship with the group
for at least 1 year. Provide a list of the beneriary’s functions which are integral to the group’s performance.
By ling for a P-1 group, the petitioner certies that at least 75 percent of the group members have been performing
regularly together for at least 1 year. The 1-year requirement does not apply to circus groups coming to perform with
nationally recognized circuses.
Attach a separate statement to the form to request a waiver of:
1. The 1-year relationship requirement due to exigent circumstances; or
2. The international recognition requirement (1) due to emergent circumstances, or (2) because the group has been
nationally recognized as outstanding in its discipline for a sustained and substantial period of time.
P-2 Nonimmigrants
The P-2 classication is for beneciaries coming to the United States temporarily to perform as an artist or
entertainer, individually or as part of a group, under a reciprocal exchange program between an organization in
the United States and an organization in another country.
Write P-2 in the classication block.
Including more than one beneciary in a petition. You may include up to 25 beneciaries on the same petition,
provided that the beneciaries are all members of a group. If you seek P-2 classication for more than 25 beneciaries,
you must le more than one petition.
The petition must be led by the sponsoring organization or U.S. employer with:
1. A written consultation (see General Evidence);
2. A copy of the reciprocal exchange program agreement;
3. A statement from the sponsoring organization describing the reciprocal agreement as it relates to the petition;
4. Evidence that the beneciary and the U.S. artist or group have comparable skills and that the terms of employment are
similar; and
5. Evidence that an appropriate labor organization in the United States was involved in negotiating or concurred with the
exchange.
P-3 Nonimmigrants
The P-3 classication is for beneciaries coming to the United States temporarily to perform, teach, or coach,
individually or as part of a group, in the arts or entertainment elds in a program that is culturally unique and
which will further the understanding or development of the art form.
Write P-3 in the classication block.
Including more than one beneciary in a petition. You may include up to 25 beneciaries on the same petition,
provided that the beneciaries are all members of a group. If you seek P-3 classication for more than 25 beneciaries,
you must le more than one petition.
The petition must be led with:
1. A written consultation (see General Evidence);
2. Evidence that all performances will be culturally unique events; and either
Form I-129 Instructions 04/01/24 Page 22 of 30
A. Adavits, testimonials, or letters from recognized experts attesting to the authenticity of the beneciary’s or
group’s skills in performing, presenting, coaching, or teaching art forms; or
B. Documentation that the performance of the beneciary or group is culturally unique as evidenced by actual
reviews in newspapers, journals, or other published material.
Essential Support Personnel
The P-1S, P-2S, or P-3S classication are for beneciaries coming to the United States temporarily as essential and
integral parts of the competition or performance of a principal P-1 athlete, athletic team or entertainment group, P-2, or
P-3 entertainer or entertainment group, because they perform support services which cannot be readily performed by
a U.S. worker and which are essential to the successful performance or services of the principal P-1, P-2, or P-3. The
accompanying personnel must have appropriate qualications, prior experience and critical knowledge of the specic
services to be performed by the principal P-1, P-2, or P-3 petition.
Write P-1S, P-2S, or P-3S as appropriate in the classication block.
Including more than one beneciary in a petition. You may include up to 25 beneciaries on the same petition if they
will provide essential support to P-1, P-2, or P-3 beneciaries performing in the same location and in the same occupation.
If you seek P-1, P-2, or P-3 classication for more than 25 beneciaries, or seek dierent classications for each
beneciary, you must le more than one petition.
The petition must be led with:
1. A written consultation (see General Evidence);
2. Evidence of the beneciary’s qualications to perform the services, if any;
3. A statement describing the beneciary’s critical knowledge of the specic services to be performed and prior
experience with the principal P-1, P-2, or P-3;
4. Statements or adavits from persons with rst-hand knowledge that the beneciary has had experience performing
the critical skills and essential support services for the principal P-1, P-2, or P-3; and
5. A copy of any written contract between the employer and the beneciary or a summary of the terms of the oral
agreement under which the beneciary will be employed.
Q-1 Nonimmigrants
The Q-1 classication is for beneciaries coming to the United States temporarily to participate in an international
cultural exchange program for the purpose of providing practical training, employment, and the sharing of the
history, culture, and traditions of the country of the beneciary’s nationality.
The culture sharing must take place in a school, museum, business, or other establishment where the public, or a segment
of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program.
The work component of the program may not be independent of the cultural component, but must serve as the vehicle to
achieve the objectives of the cultural component. An employer (U.S. or foreign rm, corporation, nonprot organization,
or other legal entity) or its designated agent may le the petition. If a designated agent is ling the petition, that agent
must be employed by the qualied employer on a permanent basis in an executive or managerial capacity and must be
either a U.S. citizen or lawful permanent resident.
Write Q-1 in the classication block on the petition.
The petition must be led with evidence showing that the employer:
1. Maintains an established international cultural exchange program;
2. Has designated a qualied employee to administer the program and serve as a liaison with USCIS;
3. Is actively doing business in the United States;
4. Will oer the beneciary wages and working conditions comparable to those accorded local domestic workers
similarly employed; and
5. Has the nancial ability to remunerate the participants.
Form I-129 Instructions 04/01/24 Page 23 of 30
To demonstrate that the petitioner has an established international cultural exchange program, submit program
documentation, such as catalogs, brochures, or other types of material.
To demonstrate nancial ability to remunerate the participants, submit your organization’s most recent annual report,
business income tax return, or other form of certied accountant’s report.
If the proposed dates of employment are within the same calendar year of a previously approved Q-1 petition led for the
same international cultural exchange program, a copy of the approval notice for that prior petition may be submitted in
lieu of the required evidence about the program described above.
R-1 Nonimmigrants
The R-1 classication is for beneciaries coming to the United States temporarily to be employed at least part time
(average of at least 20 hours per week) by a bona de nonprot religious organization in the United States (or a
bona de organization that is aliated with the religious denomination in the United States) to work:
1. Solely as a minister;
2. In a religious vocation; or
3. In a religious occupation.
To qualify, the beneciary must have been a member of a religious denomination that has a bona de nonprot religious
organization in the United States, for at least 2 years immediately preceding the ling of the petition.
Write R-1 in the classication block.
Petitions for R-1 classication may not include more than one beneciary.
The petition must be led by a U.S. employer with:
1. Evidence relating to the petitioning organization:
A. Currently valid determination letter from the Internal Revenue Service (IRS) establishing that the organization is a
tax-exempt organization; or
B. For a religious organization that is recognized as tax-exempt under a group tax-exemption, a currently valid
determination letter from the IRS establishing that the group is tax exempt; or
C. For a bona de organization that is aliated with the religious denomination, if the organization was granted
tax-exempt status under section 501(c)(3) of the Internal Revenue Code (IRC) of 1986, or any subsequent
amendments or equivalent sections of prior enactments of the IRC, as something other than a religious
organization
(1) A currently valid determination letter from the IRS establishing that the organization is a tax-exempt
organization;
(2) Documentation that establishes the religious nature and purpose of the organization, such as a copy of the
organizing instrument of the organization that species the purposes of the organization;
(3) Organizational literature, such as books, articles, brochures, calendars, yers, and other literature describing
the religious purpose and nature of the activities of the organization; and
(4) Religious Denomination Certication, which is part of the R-1 Classication Supplement to Form I-129,
completed, signed, and dated by the religious organization certifying that the petitioning organization is
aliated with the religious denomination.
2. Employer Attestation, which is part of the R-1 Classication Supplement to Form I-129, completed, signed, and dated
by an authorized ocial of the petitioner;
3. Veriable evidence of how the petitioner intends to compensate the beneciary, including salaried or non-salaried
compensation;
4. If the beneciary will be self-supporting, the petitioner must submit documentation establishing that the position the
beneciary will hold is part of an established program for temporary, uncompensated missionary work, which is part
of a broader international program of missionary work sponsored by the denomination;
Form I-129 Instructions 04/01/24 Page 24 of 30
5. Evidence that the beneciary has been a member in the religious denomination during at least the 2 years immediately
preceding the ling of the petition; and
6. Evidence to establish the beneciary is qualied to perform the duties of the oered position.
Part 2. Petition Only Required for a Nonimmigrant in the United States to Change Status or Extend
Stay
The following classications listed in this Part 2. do not require a petition for new employment if the applicant is outside
the United States.
Use this Form I-129 when the beneciary is physically present in the United States and a change of status, concurrent
employment, or an extension of stay is needed. Note: The beneciary must be maintaining lawful status in the United
States to remain eligible for the benet sought.
E-1 Nonimmigrants
The E-1 classication is for nonimmigrants who are nationals of a country with which the United States maintains
a qualifying treaty or an international agreement, or which has been deemed a qualifying country by legislation,
and who are coming to the United States to carry on substantial trade principally between the United States and
the nonimmigrants’s country of nationality. The Department of State maintains a list of countries with qualifying
treaties. See https://travel.state.gov/content/visas/en/fees/treaty.html for a list of qualifying countries.
Write E-1 in the classication block.
Qualifying trade involves the commercial exchange of goods or services in the international market place. Substantial
trade is an amount of trade sucient to ensure continuous ow of international trade items between the United States and
the treaty country. Principal trade exists when more than 50 percent of the E-1’s total volume of international trade is
conducted between United States and the treaty country.
An employee of an E-1 treaty trader who possesses the same nationality as the E-1 employer may also be classied as E-1.
The employee must principally and primarily perform executive or supervisory duties or possess special qualications that
are essential to the successful or ecient operation of the enterprise. The E-1 employee may perform work for the parent
treaty organization or enterprise, or any subsidiary of the parent organization or enterprise.
The petition must be led with evidence of:
1. Ownership and Nationality of the E-1 treaty trader. Such evidence may include, but is not limited to, lists of
investors with current status and nationality, stock certicates, certicate of ownership issued by the commercial
section of a foreign embassy, and reports from a certied personal accountant;
2. Substantial Trade. Evidence of substantial trade may include, but is not limited to, copies of three or more of the
following: bills of lading, customs receipts, letter of credit, trade brochures, purchase orders, insurance papers,
documenting commodities imported, carrier inventories, and/or sales contracts, or other probative documentation
establishing the requisite substantial trade; and
3. For E-1 employees only: Executive or Supervisory Duties or special qualication essential to the enterprise.
Evidence of such duties or qualications may include, but is not limited to, certicates, diplomas or transcripts, letters
from employers describing job titles, duties, operators’ manuals, and the required level of education and knowledge.
E-2 Nonimmigrants
The E-2 classication is for nonimmigrants who are nationals of a country with which the United States
maintains a qualifying treaty or an international agreement, or which has been deemed a qualifying
country by legislation, and who are coming to the United States to develop and direct the operations of an
enterprise in which the nonimmigrant has invested or is actively in the process of investing a substantial
amount of capital. The Department of State maintains a list of countries with qualifying treaties. See
https://travel.state.gov/content/visas/en/fees/treaty.html for a list of qualifying countries.
Write E-2 in the classication block.
Form I-129 Instructions 04/01/24 Page 25 of 30
An E-2 must demonstrate possession and control of capital and the ability to develop and direct the investment enterprise
and the ability to develop and direct the investment enterprise. Capital in the process of being invested or that has been
invested must be placed at risk and be irrevocably committed to the enterprise. The enterprise must be a real, active, and
operating commercial or entrepreneurial undertaking that produces services or goods for prot. The investment must be
substantial and the funds must not have been obtained, directly or indirectly, from criminal activity. The enterprise must
be more than marginal.
An employee of an E-2 who possesses the same nationality as the E-2 employer may also be classied as E-2. The
employee must principally and primarily perform executive or supervisory duties or possess special qualications that are
essential to the successful or ecient operation of the enterprise.
The petition must be led with evidence of:
1. Ownership and Nationality of the E-2 treaty investor. Such evidence may include, but is not limited to, lists of
investors with current status and nationality, stock certicates, certicate of ownership issued by the commercial
section of a foreign embassy, and reports from a certied personal accountant;
2. Substantial investment. Such evidence may include, but is not limited to, copies of partnership agreements (with a
statement on proportionate ownership), articles of incorporation, payments for the rental of business premises or oce
equipment, business licenses, stock certicates, oce inventories (goods and equipment purchased for the business),
insurance appraisals, annual reports, net worth statements from certied profession accountants, advertising invoices,
business bank accounts containing funds for routine operations, funds held in escrow; and
3. For E-2 employees only: Executive or Supervisory Duties or special qualications essential to the enterprise.
Evidence of such duties or qualications may include, but is not limited to, certicates, diplomas or transcripts, letters
from employers describing job titles, duties, operators’ manuals, and the required level of education and knowledge.
Advice on E-1 and E-2 petitions
You must obtain approval from USCIS when substantive changes occur in the terms or conditions of the status of the
treaty trader, investor, or E employee. To do this, le Form I-129 and E-1/E-2 Classication Supplement, with fee, and
request an extension of stay.
You may seek advice from USCIS to determine whether changes in the terms or conditions in E status are substantive.
To obtain advice, le Form I-129 and E-1/E-2 Classication Supplement, with fee. Answer “Yes” to the question on the
Supplement which asks whether you are seeking advice.
Free Trade Nonimmigrants (H-1B1 and TNs)
The Free Trade Nonimmigrant classications (H-1B1 and TN) are temporary nonimmigrant classications based on the
provisions of a Free Trade Agreement between the United States and the nonimmigrant’s country of citizenship. Currently
there are two stand-alone Free Trade Nonimmigrant classications available: TN and H-1B1.
The TN nonimmigrant classication is for nonimmigrants who are citizens of Canada or Mexico covered by the
United States-Mexico-Canada Agreement (“USMCA” formerly North American Free Trade Agreement) coming to
the United States to engage temporarily in business activities at a professional level. Depending on the specic type
of business activity, a TN must at least have a bachelor’s degree or, in certain limited instances, other appropriate
credentials which demonstrate status as a professional. The acceptable types of TN business activities at a
professional level are listed at 8 CFR 214.6(c).
Write TN in the classication block.
Documentary evidence must be submitted if the applicant is a citizen of Canada and is currently outside the United States
OR if the applicant is a citizen of Canada or Mexico and is requesting a “Change of Status” to TN. The applicant must
submit evidence demonstrating that he or she will be engaged in business activities at a professional level and that the
applicant possesses the requisite professional qualications. Acceptable evidence may include, but is not limited to, the
following:
1. A letter from the employer stating the activity the beneciary will be engaged in, the anticipated length of stay, and
the arrangements for remuneration;
2. A copy of the beneciary’s last two pay stubs and W-2 if employed in the United States; and
3. Evidence the beneciary meets the educational and/or licensing requirements for the profession or occupation.
Form I-129 Instructions 04/01/24 Page 26 of 30
NOTE: While a petition is not required, citizens of Canada who are outside the United States may use this form to apply
for TN status.
If the applicant is a citizen of Canada or Mexico and is requesting an “Extension of Stay” in TN classication, submit
evidence, such as a letter, describing the continuing employment and evidence of the beneciary’s continued valid
licensing (if required by the profession and/or the state).
The H-1B1 classication is for nonimmigrants from Chile or Singapore coming to the United States temporarily
to perform services in a specialty occupation. See the instructions for H-1B nonimmigrants for the denition of
“specialty occupation.”
Write H-1B1 in the classication block.
Submit all evidence listed in the H Classication Supplement to Form I-129 under Section 1., Complete This Section If
Filing for H-1B Classication, as well as evidence listed in the section of the instructions for H-1B specialty occupation
classication. The following supplements must be led with the petition:
1. Nonimmigrant Classication Based on a Trade Agreement Supplement; and
2. H Classication Supplement; and
3. H-1B Data Collection and Filing Fee Exemption Supplement.
If requesting an “Extension of Stay,” submit evidence, such as a letter describing the continuing employment, as well
as evidence of the beneciary’s continued valid licensing (if required by the profession and/or the state). Also, if this
extension is the 6th consecutive extension requested for this beneciary, a statement to that eect should be provided.
Change of Status
A petition for change of status to one of the classications described in this section must be submitted with the initial
evidence detailed above and with the initial evidence required by the separate instructions for all petitions involving
change of status.
Extension of Stay
A petition requesting an extension of stay for an employee in the United States must be led with a copy of the
beneciary’s Form I-94, Nonimmigrant Arrival/Departure Record, and a letter from the petitioner explaining the reasons
for the extension. Consult the regulations that relate to the specic nonimmigrant classication sought.
NOTE: Dependent family members should use Form I-539 to le for an extension of stay.
A nonimmigrant who must have a passport to be admitted must maintain a valid passport during his or her entire stay. If
a required passport is not valid, include a full explanation with your petition. A petition requesting an extension must be
led with:
1. The appropriate supplements for the classication;
2. A letter describing the proered employment;
3. A copy of the beneciary’s last 2 pay stubs and most recent W-2, if applicable;
4. Evidence the beneciary continues to meet the licensing requirements for the profession or occupation, if applicable;
5. If requesting an extension of H-1B status (including H1B1 Chile/Singapore), evidence that the Department of Labor
has certied a labor condition application for the specialty occupation which is valid for the period of time requested;
6. If requesting H-2A status, submit a U.S. Department of Labor approved temporary labor certication valid for
the dates of the extension, unless it is based on a continuation of previously approved employment due to exigent
circumstances and the extension will last no longer than 2 weeks;
7. If requesting H-2B status, submit a U.S. Department of Labor approved temporary labor certication valid for the
dates of extension.
Form I-129 Instructions 04/01/24 Page 27 of 30
Special Considerations for Beneciaries Residing in CNMI
A nonimmigrant who was admitted to the CNMI prior to November 28, 2009 may not currently hold a Federal
nonimmigrant classication that permits a change of status. However, in certain situations, a petitioner may request
that the beneciary be granted initial status in the CNMI. This will allow certain beneciaries who were present in the
CNMI prior to the transition date and are currently lawfully present in the CNMI with a valid unexpired CNMI status to
be granted an initial status without having to depart the CNMI. Additionally, a nonimmigrant who is currently in parole
status in the CNMI may also be granted an initial status in the CNMI.
The E-2 CNMI investor regulations permit a petitioner to request that the nonimmigrant be granted an initial E-2 CNMI
investor status in the CNMI. In addition to the classication requirements, the petitioner must submit documentation that
the beneciary is currently lawfully present in the CNMI.
The regulations indicate that if the beneciary is lawfully present in the CNMI the beneciary may apply for a change
of status with this form without having to seek consular processing. In addition to the classication requirements, the
petitioner must submit documentation that the beneciary is currently lawfully present in the CNMI.
A petition for a grant of initial status for a beneciary currently in the CNMI with a CNMI issued permit must have been
led on or before November 27, 2011.
Written Consultation for O and P Nonimmigrants
Written consultation. Certain classications require a written consultation with a recognized peer group, labor, and/ or
management organization regarding the nature of the work to be done and the beneciary’s qualications before USCIS
can approve the petition.
To obtain timely adjudication of a petition, you should obtain a written advisory opinion from an appropriate peer group,
labor, and/or management organization and submit it with the petition.
If you le a petition without the advisory opinion, you will need to send a copy of the petition and all supporting
documents to the appropriate organization when you le the petition with USCIS, and name that organization in the
petition. Explain to the organization that USCIS will contact them for an advisory opinion.
If you do not know the name of an appropriate organization with which to consult, indicate that on the petition. However,
a petition led without the actual advisory opinion will require substantially longer processing time.
Liability for Return Transportation
The Immigration and Nationality Act makes a petitioner liable for the reasonable cost of return transportation for an H-1B,
H-2B, O, and P beneciary who is dismissed before the end of the period of authorized admission.
When To File?
Generally, a Form I-129 petition may not be led more than 6 months prior to the date employment is scheduled to begin.
Petitioners should review the appropriate regulatory provisions in 8 CFR that relate to the nonimmigrant classication
sought.
Where To File?
Regular Processing:
Please see our website at www.uscis.gov/I-129 for the most current information about where to le this petition.
Form I-129 Instructions 04/01/24 Page 28 of 30
Premium Processing:
To determine if your requested classication or category is available for Premium Processing, please visit the USCIS
website at www.uscis.gov/forms/how-do-i-use-premium-processing-service. If you are requesting Premium Processing
Services, you must also le Form I-907, Request for Premium Processing Service, with the ling fee.
Address Change
If you are not a U.S. citizen, you must notify USCIS of your new address within 10 days of moving from your previous
residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or call the
USCIS Contact Center.
NOTE: Do not submit a change of address request to the USCIS Lockbox.
Processing Information
Acceptance. Any petition that is not signed or accompanied by the correct fee will be rejected with a notice that the
petition is decient. You may correct the deciency and resubmit the petition. A petition is not considered properly led
until accepted by USCIS.
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not properly
complete this petition, you will not establish a basis for your eligibility and we may reject or deny your petition.
Service Processing Information. Our goal at USCIS is to process all petitions fairly. The processing time will vary,
depending on the specic circumstances of each case. We may reject an incomplete petition. We may deny your petition
if you do not give us the requested information.
Requests for More Information. USCIS may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. If we request an original document
from you, we will return it to you after USCIS determines it is no longer needed.
Requests for Interview. USCIS may request that you appear at a USCIS oce for an interview based on your petition.
During your interview, USCIS may require you to provide your biometrics to verify your identity and/or update
background and security checks.
Decision. The decision on Form I-129 involves a determination of whether you have established eligibility for the
immigration benet you are seeking. USCIS will notify you of our decision in writing.
USCIS Forms and Information
To ensure you are using the latest version of this petition, visit www.uscis.gov.
Form I-129 Instructions 04/01/24 Page 29 of 30
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129, we will
deny your petition and may deny any other immigration benet. In addition, you will face severe penalties provided by
law and may be subject to criminal prosecution.
USCIS Compliance Review and Monitoring
By signing this petition, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and
documentation submitted with this petition are complete, true, and correct. Y
ou also authorize the release of any
information from your records that USCIS may need to determine your eligibility for the immigration benet you are
seeking and consent to USCIS verifying such information.
The Department of Homeland Security (DHS) has the authority to verify any information you submit to establish
eligibility for the immigration benet you are seeking at any time. Our legal authority to verify this information is in
8 U.S.C. sections 1103, 1154, 1155, and 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with
applicable laws and authorities, we may verify information before or after your case is decided.
Agency verication methods may include, but are not limited to: reviewing public records and information; contacting
through written correspondence; using the internet, fax, other electronic transmission, or telephone; making unannounced
physical site inspections of residences and locations of employment; and interviewing people. USCIS will use the
information we obtain to assess your compliance with the laws and to determine your eligibility for an immigration
benet.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse
or derogatory information that may result from a compliance review, verication, or site visit before a decision is made
on your request. For a visit after your request is approved, USCIS will provide you with an opportunity to address any
adverse or derogatory information which may result in revocation or termination of an approval.
DHS Privacy Notice
AUTHORITIES: The information requested on this petition and the associated evidence, is collected under 8 U.S.C.
sections 1154, 1184, and 1258.
PURPOSE: The primary purpose for providing the requested information on this petition is to petition USCIS for a
nonimmigrant worker to come temporarily to the United States to perform services or labor or to receive training. DHS
will use the information you provide to grant or deny the immigration benet you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a nal decision or result in
denial of your petition.
ROUTINE USES: DHS may share the information you provide on this petition and any additional requested evidence
with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved
routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File, Index,
and National File Tracking System and DHS/USCIS-007 Benets Information System, and DHS/USCIS-018 Immigration
Biometric and Background Check] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer
Linked Application Information Management System and Associated Systems] which you can nd at www.dhs.gov/privacy.
DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.
Form I-129 Instructions 04/01/24 Page 30 of 30
Paperwork Reduction Act
USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of
information unless it displays a currently valid OMB control number. The public reporting burden for this collection
of information is estimated for Form I-129 at 2.487 hours; E-1/E-2 Classication at 0.67 hours; Trade Agreement
Supplement at 0.67 hours; H Classication Supplement at 2.07 hours; H-1B and H-1B1 Data Collection and Filing Fee
Exemption Supplement at 1 hour; L Classication Supplement to Form I-129 at 1.34 hours; P Classications Supplement
to Form I-129 at 1 hour; Q-1 Classication Supplement at 0.34 hours; R-1 Classication Supplement at 2.34 hours;
and Form I-129 ATT at 0.33 hours, including the time for reviewing instructions, gathering the required documentation
and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the
petition. Send comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Oce of Policy and Strategy,
Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB
No 1615-0009. Do not mail your completed Form I-129 to this address.
