User:Vipul/Form I-129

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. Approval of the form makes the worker eligible to start or continue working at the job (on or after the indicated start date) if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long.

Reasons for filing Form I-129
Broadly, the Form I-129 is used to either file for a new status or a change of status. In more detail, the following is a complete list of reasons for filing the form:


 * New Employment, for first time employment with the U.S. company or for employment in a new position;
 * Continuation of Employment, to continue employment of a foreign worker in the same position;
 * Non-Material Change, if there is a non-material change in the position of the foreign worker such as a title of job change;
 * Additional Employment, if the foreign worker is to begin employment with an additional employer under the same nonimmigrant classification;
 * Change of Employer, if the foreign worker will work for a new employer in the same nonimmigrant classification; or
 * Amended Petition, for material changes in the foreign-worker’s terms and conditions of employment such as an adjustment of duties.

Visa statuses for which the form is required or may be used
For the following statuses, a Form I-129 must always be filed for initial employment as well as for extension of status or change to employment details:

For visa statuses associated with free trade agreements, a Form I-129 is needed only if the worker is transitioning status while within the United States. Workers who are outside the United States can directly apply for a visa based on their job offer and other supporting documents. The statuses include:

Application can be made at most six months before the start date
Form I-129 cannot be filed more than 6 months before the start date of employment on the requested status.

This is particularly important for the H-1B visa and associated status. There is a cap of 65,000 for new H-1Bs every Fiscal Year, where the Fiscal Year begins in October. Due to the six month limit for Form I-129, the earliest that somebody can apply for a H-1B for a given Fiscal Year is the beginning of April. Due to the fierce competition for H-1B slots, slots for a given Fiscal Year can get filled in April itself, and those who want a serious shot at getting H-1B status may need to apply early in April to have a high chance of getting the visa.

Premium processing: Form I-907
Form I-129 petitioners can optionally request premium processing by submitting Form I-907. Premium processing is only available for this form and for Form I-140. It costs $1225. According to the United States Citizenship and Immigration Services website, USCIS guarantees 15 calendar day processing to those petitioners or applicants who choose to use this service or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the relating case will continue to receive expedited processing. The time begins from the receipt of Form I-907 and the associated fee. Form I-907 may be filed along with Form I-129, or electronically as a standalone form for a previously filed Form I-129.

Premium processing is not available for H-2B visa applicants and is also available to R-1 visa applicants only if the petitioner has passed an on-site inspection.

Filing fee
As of 2015, the filing fee for Form I-129 is $325. Those applying for premium processing also need to pay the $1225 premium processing fee. There may be additional fees associated with the type of classification being sought. For instance, first-time cap subject H-1B visa applicants need to pay an additional fee of $750 or $1500 for retraining US workers as well as a $500 anti-fraud fee.

Filing addresses
Form I-129 must be filed by paper, along with fees and associated supporting documents, to the appropriate Service Center (either the California Service Center or the Vermont Service Center) based on the petitioner's geographic location. The mailing address used varies based on the visa classification for which Form I-129 is being filed. Form I-907 may be included along with Form I-129 or filed separately electronically later.

Cancellation
It is possible to request cancellation of a pending Form I-129 petition. However, the associated fees are non-refundable.

H-1B portability rule
Per the American Competitiveness in the 21st Century Act (AC21) of 2000, people who have been in valid H-1B status can start a new job, or extend their stay, on H-1B after submitting a Form I-129, even before that Form is approved. The following are the conditions:


 * The I-129 petition is not frivolous; meaning it is being filed for a true job
 * The I-129 petition is receipted in at the USCIS service center before the foreign employee’s H-1B status expires; and
 * The foreign employee has been maintaining valid H-1B status the entire time.

People can continue in such employment (while waiting to hear on the decision regarding their Form I-129) for up to 240 days.