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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 ...
The employer must demonstrate that the trainee will not be engaged in productive employment unless necessary as part of the training. The petitioner must file form I-129 "Petition for a Nonimmigrant Worker", and if approved, the trainee may remain in the United States for up to two years.
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 LCA petition approved by the United States Department of Labor must be submitted as part of the Form I-129 (Petition for a Nonimmigrant Worker) application for work authorization for H-1B, H-1B1, or E-3 status. [2] This is true both for people applying for their first H-1B work authorization and for people transferring to a different job.
Role of Form I-129 (Petition for a Nonimmigrant Worker) All H-1B classifications require the employer to file this form: Only applications for change of status, extension of status, or change of employer (applicable to people already present in the United States) need this Form. Duration: 3 years, can be extended by another 3 years.
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.