Aware who in US should file INS forms I-129?


For an alien beneficiary to come temporarily to United States as a non-immigrant to perform labor or receive training this form must be used by an employer to petition United States Citizenship and Immigration Services (USCIS). The form consists of the basic petition, supplements for specific classification individually and H-1B data collection and filing fee exemption supplement required for H-1B classifications only.

Who needs to file Form I-129?

A petition by filing INS forms I-129 is required for the classifications including treaty investor exclusively in Commonwealth of the Northern Mariana Islands E-2 CNMI, alien who comes to perform specialty occupation H-1B, registered nurse H-1C, temporary agriculture worker H-2A, temporary non-agriculture worker H-2B, trainee H-3, intra-company transferee L-1, worker with extraordinary ability in science or arts education business or athletics O-1. Also for person accompanying O-1 athlete or artist O-1 to US, major league sports P-1, athlete or entertainment group internationally recognized P-1, for a  P-1 support personnel P-1S, reciprocal exchange program artist or entertainer P-2, for a P-2 support personnel P-2S, for culturally unique program artist or entertainer coming to US to perform, teach or coach, for a P-3 essential support person P-3S, for an international cultural exchange program alien coming to participate temporarily Q-1 and religious worker R-1.

If the applicant is already in United States and wants to request for extension of stay or change of status like treaty trader on E-1, treaty investor on E-2 (excluding treaty investors on E-2 CNMI), from Australia free trade agreement professionals on E-3 and H-1B1 free trade non-immigrants applicants from Chile or Singapore and from Canada or Mexico TN aliens need to file INS formsI-129. 

New filing option from USCIS for Canadian TN Non-immigrants

Form I-129, Petition for Non-immigrant Worker, filing starting from October 1, 2012 will be accepted by USCIS on behalf of Canadian citizens looking for classification as a TN non-immigrant and not in US. To US Customs and Border Protection (CBP) Canadians can continue to apply for TN classification in combination with TN admission application to the United States. Form I-129 was previously accepted by USCIS with regard to TN classification  in association with TN non-immigrant’s request for extension of stay or in order to change to TN status from another non-immigrant status.

United States Citizenship and Immigration Services (USCIS) have reminded that an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 non-immigrant in respect of Canadian L-1 non-immigrants. On behalf of a Canadian citizen who is outside the United States, with the USCIS service center that approved the L-1 blanket petition a United States employer that has an approved L-1 blanket petition, has the option to file a Form I-129S. By presenting the Form I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to US Customs and Border Protection (CBP) Canadian citizens may also continue applying for L-1 classification in concurrence with an application for L-1 admission to the United States.

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