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Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain (or amend the details of) a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or ...
There may be additional fees associated with that status. For instance, Form I-129 is used to apply for H-1B status (among many other statuses); there are several additional fees associated with H-1B status. [7] Two of the forms, Form I-129 and Form I-140, are eligible for the Premium Processing Service, which requires the filing of Form I-907. [8]
A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond. [1]
This is often prompted by a consular officer returning the petition to the USCIS. Consular officers return petitions to the USCIS if, in the course of deciding a visa application by the beneficiary based on the petition, they come across reason to believe that the petition was based on fraud or misrepresentation. [6]
Regardless of whether the visa is invalidated, the withdrawal of application for admission does not directly invalidate any underlying USCIS application or petition (such as Form I-129 or Form I-130), or other form (such as Form I-20 for students) that was a prerequisite to obtaining the visa. [4]
Note that Form I-129 is used for a large number of nonimmigrant worker statuses, not just the H-2A. Those using it for the H-2A status need to fill the main form followed by the H classification supplement, Pages 13–17. [10] The H-2A status is one of the statuses where it is possible for a single Form I-129 to be used for multiple beneficiaries.