| 
			Page 3, Who
			May File Form I-129? 
 | 
			[Page 3] 
 Who May File Form I-129? 
 General.  A U.S. employer may
			file this form and applicable supplements to classify an alien in
			any nonimmigrant classification listed in Part 1. or Part
			2. of these instructions.  A foreign employer, U.S. agent, or
			association of U.S. agricultural employers may file for certain
			classifications as indicated in the specific instructions. 
 Agents.   A U.S. individual
			or company in business as an agent may file 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 filed 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 filed
			by a U.S. agent must guarantee the wages and other terms and
			conditions of employment by contractual agreement with the
			beneficiary or beneficiaries of the petition.  The agent/employer
			must also provide an itinerary of definite employment and
			information on any other services planned for the period of time
			requested. 
 Including more than one alien in
			a petition.  You may include on the same petition multiple
			aliens 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 classifications provided all will: 
 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 file a
			separate Form I-129 to petition for O and P essential support
			personnel apart from any petition they file for O or P principal
			aliens or P group or team.  All essential-support beneficiaries
			listed on this petition must establish prior essentiality to the
			principal O or P aliens. 
 Exception:  It is recommended
			that H-2A and H-2B petitions for workers from countries not listed
			on the respective “Eligible Countries List” be filed
			separately.  See www.uscis.gov for the list of H-2A and H-2B
			participating countries. 
 Multiple locations.  A
			petition for aliens 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. 
 
 
 … 
 
 | 
			[Page 3] 
 Who May File Form I-129? 
 General.  A U.S. employer may
			file this form and applicable supplements to classify an alien in
			any nonimmigrant classification listed in Part 1. or Part
			2. of these instructions.  A foreign employer, U.S. agent, or
			association of U.S. agricultural employers may file for certain
			classifications as indicated in the specific instructions. 
 Agents.   A U.S. individual
			or company in business as an agent may file 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 filed 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 filed
			by a U.S. agent must guarantee the wages and other terms and
			conditions of employment by contractual agreement with the
			beneficiary or beneficiaries of the petition.  The agent
			must also provide an itinerary of definite employment and
			information on any other services planned for the period of time
			requested. 
 Including more than one alien in
			a petition.  You may include on the same petition multiple
			aliens 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 classifications provided all will: 
 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 file a
			separate Form I-129 to petition for O and P essential support
			personnel apart from any petition they file for O or P principal
			aliens or P group or team.  All essential-support beneficiaries
			listed on this petition must establish prior essentiality to the
			principal O or P aliens. 
 Exception:  It is recommended
			that H-2A and H-2B petitions for workers from countries not listed
			on the respective “Eligible Countries List” be filed
			separately.  See www.uscis.gov for the list of H-2A and H-2B
			participating countries. 
 Multiple locations.  A
			petition for aliens 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.  This general itinerary requirement
			does not apply to H-1B petitions. 
			 
 [no changes] | 
	
		| 
			Pages 3-6, General Filing
			Instructions | 
			[Page 3] 
 General Filing Instructions 
 … 
 How to Fill Out 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, go to Part 10., Additional Information About
			Your Petition for Nonimmigrant Worker, indicate the Page
			Number, Part Number, and Item Number to which
			your answer refers, and date and sign each sheet. 
 4. Answer all questions fully
			and accurately. If an item is not applicable or the answer is
			“none,” type or print “N/A.” 
			 
 
 
 
 
 
 
 
 
 
 5. Submit a duplicate copy of
			the petition and all supporting documentation.  Failure to do
			so may result in delays in processing this petition or in visa
			processing abroad. 
 
 Petitioner Information 
 Complete the “Legal Name of
			Petitioner” field (if the petitioner is an individual
			person or a company or organization).   For mailing address, list
			the address of the petitioner’s primary office within
			the United States.  This address will determine the filing
			jurisdiction if the beneficiary will be providing services or
			completing training in multiple locations. 
 
 
 
 
 
 
 
 
 
 … 
 
 | 
			[Page 3] 
 General Filing Instructions 
 … 
 How to Fill Out 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, go to Part 10., Additional Information About
			Your Petition for Nonimmigrant Worker, indicate the Page
			Number, Part Number, and Item Number to which
			your answer refers, and date and sign each sheet. 
 4. Answer
			all questions fully and accurately. If an item is not applicable
			(for example, if you have never been married and the question
			asks, “Provide the name of your current spouse”), type
			or print “N/A.” 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. 
 5. Submit a duplicate copy of
			the petition and all supporting documentation.  Failure to do
			so may result in delays in processing this petition or in visa
			processing abroad. 
 
 Petitioner Information 
 If you are an
			individual or sole proprietor filing this petition, complete Item
			Number 1.  If
			you are a company or an organization filing this petition,
			complete Item Number 2.
			 
			 
 Item
			Number 2.  Petitioning Company or Organization Name.  If
			you are a company or an organization filing this application,
			provide the name of your company or organization. 
			 
 For
			mailing address, list the address of the petitioner’s
			primary office within the United States.  This address will
			determine the filing jurisdiction if the beneficiary will be
			providing services or completing training in multiple locations. 
 [no changes] | 
	
		| 
			Pages 10-25, Part 1.  Petition
			Always Required | 
			[Page 10] 
 Part 1.  Petition Always Required 
 … 
 
 [Page 11] 
 H-1B Nonimmigrants (Three
			Types) 
 [new] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The H-1B classification is for
			aliens coming to the United States temporarily to perform services
			in a specialty occupation. 
 Write H-1B in the
			classification 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 specific specialty, or its equivalent, as a minimum for entry
			into the occupation in the United States. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The petition must be filed by a U.S.
			employer or a U.S. agent and must be filed with: 
 1. Evidence that a labor
			condition application (LCA) has been certified by the U.S.
			Department of Labor; 
 2. Evidence showing that the
			proposed employment qualifies as a specialty occupation; 
 [new] 
 
 
 
 3. Evidence showing that the
			beneficiary has the required degree by submitting either: 
 A. A copy of the
			beneficiary’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 official permission to practice the occupation in
			the state of intended  employment; and 
 5. A copy of any written
			contract between the petitioner and the beneficiary or a summary
			of the terms of the oral agreement under which the beneficiary
			will be employed. 
 6. If you are filing an H-1B
			cap petition for a fiscal year that H-1B registration is required,
			you must provide a valid Beneficiary Confirmation Number for the
			beneficiary included in this petition, along with a copy of the
			H-1B Registration Selection Notice. 
			 
 NOTE: This evidence
			requirement is not applicable to H-1B2 petitions.
 
 7. Off-site Assignment of H-1B
			Beneficiaries:  Petitioners seeking to place the H-1B
			beneficiary off-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 beneficiary of the off-site
			work placement. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Additionally, petitioner should
			submit an itinerary that shows the dates and places of assignment
			if the beneficiary will be providing services at more than one
			location. 
 
 
 
 
 
 … 
 General H-1B Requirements 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Three relevant laws impacting the
			filing 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. 
 A petitioner seeking initial
			approval of H-1B or L nonimmigrant status for a beneficiary, or
			seeking approval to employ an H-1B or L nonimmigrant currently
			working for another employer, must submit an additional $500
			Fraud Prevention and Detection fee.  This fee does not apply to
			H-1B1 petitions.  The Form I-129 will serve as the vehicle for
			collection of the $500 fee. 
 Those petitioners required to submit
			the $500 Fraud Prevention and Detection fee are also required to
			submit either an additional $4,000 (H-1B) or $4,500 (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. The petition is filed on
			or after December 18, 2015. 
 The Fraud Prevention and
			Detection Fee and Public Law 114-113 Fee, when applicable, may not
			be waived.  Each fee should be submitted by separate check or
			money order. 
 To determine if they are subject to
			any of these fees, petitioners must complete the H-1B and H1B1
			Data Collection and Filing Fee Exemption Supplement discussed
			below. 
 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 beneficiary in H-1B classification (including
			H-1B1 classification for free trade aliens from Chile and
			Singapore) must file this supplement. 
 … 
 8. DOT Code.  The DOT Code is
			a three-digit occupational group for professional, technical, and
			managerial occupations and fashion models that can be obtained
			from the Dictionary of Occupational Titles.  A reference chart can
			be found on our website at www.uscis.gov. 
 | 
			[Page 10] 
 Part 1.  Petition Always Required 
 … 
 
 
 
 H-1B Nonimmigrants (Three
			Types) 
 NOTE:  For
			all H-1B petitions, a U.S. employer is a person, firm,
			corporation, company, or other association or organization in the
			United States that: 
 1.
			Engages the beneficiary to work within the United States, and has
			a bona fide, non-speculative job offer for the beneficiary; 
 2.
			Has an employer-employee relationship with respect to employees
			under this part; and 
 3.
			Has an Internal Revenue Service tax identification number. 
 The H-1B classification is for
			aliens coming to the United States temporarily to perform services
			in a specialty occupation. 
 Write H-1B in the
			classification block. 
 A specialty occupation is one that
			requires the theoretical and practical application of a body of
			highly specialized knowledge in fields
			of human endeavor (such as architecture, engineering, mathematics,
			physical sciences, social sciences, medicine and health,
			education, business specialties, accounting, law, theology, or the
			arts) and requires the
			attainment of a U.S. bachelor’s or higher degree in a
			directly related specific specialty, or its equivalent, as a
			minimum for entry into the occupation in the United States. The
			required specialized studies must be directly related to the
			position. A position is not a
			specialty occupation if attainment of a general degree, such as
			business administration or liberal arts, without further
			specialization, is sufficient to qualify for the position. While a
			position may allow a range of degrees or apply multiple bodies of
			highly specialized knowledge, each of those qualifying degree
			fields must be directly related to the proffered position. A
			proffered position does not meet the definition of specialty
			occupation unless it also satisfies at least one of the following
			criteria: 
 1.
			A U.S. baccalaureate or higher degree in a directly related
			specific specialty, or its equivalent, is the minimum requirement
			for entry into the particular occupation in which the beneficiary
			will be employed; 
 2.
			A U.S. baccalaureate or higher degree in a directly related
			specific specialty, or its equivalent, is the minimum requirement
			for entry into parallel positions at similar organizations in the
			employer’s United States industry;
 
 3.
			The employer has an established practice of requiring a U.S.
			baccalaureate or higher degree in a directly related specific
			specialty, or its equivalent, for the position. The petitioner
			must also establish that the proffered position requires such a
			directly related specialty degree, or its equivalent, to perform
			its duties; or
 
 4.
			The specific duties of the proffered position are so specialized,
			complex or unique that they can only be performed by an individual
			with a U.S. baccalaureate or higher degree in a directly related
			specific specialty, or its equivalent.  
			 A
			petition must include evidence that the position meets the
			definition of specialty occupation and at least one of these
			criteria. 
			 
 The petition must be filed by a U.S.
			employer or a U.S. agent and must be filed with: 
 1. Evidence that a labor
			condition application (LCA) has been certified by the U.S.
			Department of Labor; 
 2. Evidence showing that the
			proposed employment qualifies as a specialty occupation; 
 3. Evidence
			that the employer has actual work in a specialty occupation,
			available for the beneficiary as of the start date of the validity
			period, as requested on the petition; 
 4. 
			Evidence showing that the beneficiary has the required
			degree by submitting either: 
 A. A copy of the
			beneficiary’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. 
 5.
			A copy of any required license or other official permission to
			practice the occupation in the state of intended employment; and 
 6.
			A copy of any written contract between the petitioner and the
			beneficiary or, if there is no written
			agreement, a summary of the terms of the oral agreement
			under which the beneficiary will be employed.
 
 7.
			If you are filing an H-1B cap petition for a fiscal year that H-1B
			registration is required, you must provide a valid Beneficiary
			Confirmation Number for the beneficiary included in this petition,
			along with a copy of the H-1B Registration Selection Notice. 
			 
 NOTE: This evidence
			requirement is not applicable to H-1B2 petitions. 
 8.
			H-1B Beneficiaries Working at Third-Party Worksites:
			 Petitioners
			seeking to place the H-1B beneficiary
			at one or more third-party
			worksites must
			answer general questions regarding this assignment in Part
			5., Basic Information About the Proposed Employment and Employer.
			 Petitioners should advise the H-1B beneficiary of
			their intended placement at a third-party worksite.  “Third-party
			worksite” means a
			worksite,
			other than the beneficiary’s residence in the United States,
			that is not owned or leased, and not operated, by the petitioner. 
			A “worksite” means the physical location where the
			work actually is performed by the H-1B nonimmigrant. A “worksite”
			will not include any location that would not be considered a
			“worksite” for LCA purposes. 
 NOTE:
			 Where the beneficiary will be placed at a third-party worksite,
			the maximum validity period is one year. 
 
			Additionally, petitioners seeking to place
			the H-1B beneficiary at a third-party
			worksite must submit evidence such as contracts, work orders, or
			other similar corroborating evidence showing that the petitioner
			will have an employer-employee relationship with the beneficiary,
			and that the beneficiary will perform services in a specialty
			occupation at the third-party worksite(s).  
 [no changes] 
 General H-1B Requirements 
 H
			Classification Supplement 
 Section 1,
			Item Number 7. Select all of the
			checkboxes that apply, according to the explanations for each
			option (a. through d.). 
 
			a. Recapture time.
			This is time the beneficiary spent outside the United States or in
			a nonimmigrant status other than H-1B, H-2, H-3, or L-1, since
			first obtaining H-1B or L-1 status and for purposes of calculating
			the beneficiary’s 6-year period of authorized admission. 
 b. 3-year
			Per-Country Limitations Exemption.
			This is an exemption under 8 CFR 214.2(h)(13)(iii)(E) to the
			6-year maximum period of H-1B admission. A beneficiary may receive
			this exemption if they are: 
 1. The
			beneficiary of an approved immigrant petition granted under INA
			section 203(b)(1), (2), or (3); and 
 2. Eligible to
			be granted immigrant status but for application of the per country
			limitations. 
 c. 1-year
			Lengthy Adjudication Delay Exemption. This
			is an exemption under 8 CFR 214.2(h)(13)(iii)(D) to the 6-year
			maximum period of H-1B admission. A beneficiary may receive an
			extension in one-year increments beyond the maximum period of H-1B
			admission, if at least 365 days have passed since: 
 1. The filing
			of a permanent labor certification with the Department of Labor
			for the purpose of filing an immigrant visa petition under INA
			section 203(b); or 
 2. The filing
			of an immigrant visa petition (Form I-140) with USCIS under INA
			section 203(b). 
 The extension
			can be approved for up to one year until the approved permanent
			labor certification expires or a final decision has been made to: 
 A. Deny the
			application for permanent labor certification, or, if approved,
			revoke or invalidate; 
 B. Deny the
			immigrant visa petition, or, if approved, revoke; 
 C. Deny or
			approve the beneficiary’s application for an immigrant visa
			or application to adjust status to lawful permanent residence; or 
 D.
			Administratively or otherwise close the application for permanent
			labor certification, immigrant visa petition, or application to
			adjust status. 
 A beneficiary
			is not eligible for further extensions if the beneficiary fails to
			file an adjustment of status application or apply for an immigrant
			visa within one year of an immigrant visa being authorized for
			issuance based on their preference category and country of
			chargeability. 
 d. A
			time limit exemption because the beneficiary did not reside
			continually in the United States and the beneficiary’s
			employment was intermittent, seasonal, or for an aggregate of six
			months or less per year. 
 H-1B and
			H-1B1 Data Collection and Filing Fee Exemption Supplement 
 Three relevant laws impacting the
			filing 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. 
 A petitioner seeking initial
			approval of H-1B or L nonimmigrant status for a beneficiary, or
			seeking approval to employ an H-1B or L nonimmigrant currently
			working for another employer, must submit an additional $500
			Fraud Prevention and Detection fee.  This fee does not apply to
			H-1B1 petitions.  The Form I-129 will serve as the vehicle for
			collection of the $500 fee. 
 Those petitioners required to submit
			the $500 Fraud Prevention and Detection fee are also required to
			submit either an additional $4,000 (H-1B) or $4,500 (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. The petition is filed on
			or after December 18, 2015. 
 The Fraud Prevention and
			Detection Fee and Public Law 114-113 Fee, when applicable, may not
			be waived.  Each fee should be submitted by separate check or
			money order. 
 To determine if they are subject to
			any of these fees, petitioners must complete the H-1B and H1B1
			Data Collection and Filing Fee Exemption Supplement.
			 A U.S. employer or U.S. agent who
			seek to place a beneficiary in H-1B classification (including
			H-1B1 classification for free trade aliens from Chile and
			Singapore) must file this supplement. 
 
 
 
 
 
 … 
 8. SOC
			Code.  This is the Standard
			Occupational Classification (SOC) code.  You can obtain the SOC
			codes from DOL, Bureau of Labor Statistics at www.bls.gov/soc.
			 Type or print the code from left to right, one digit in each of
			the six boxes.  
			 
 |