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Purpose |
Employers may use this form to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, as an
H-1B,
H-1C,
H-2B,
H-3,
L-1,
O-1,
P-1,
P-2,
P-3, or
Q-1 nonimmigrant worker. Employers may also use this form to petition for an
extension of stay or
change of status for an alien as an
E-1,
E-2,
R-1 or
TN nonimmigrant.
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Size |
26 Pages + Instructions | |
Edition Date |
03/11/09 | |
Where to File |
In most cases, file this form with the Service Center responsible for the state in which the employment or training will be performed.
Exceptions for NAFTA Countries (Mexico and Canada)
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If you are filing for a national from Mexico for initial classification as a
TN (Trade NAFTA), file your application with the Nebraska Service Center.
If you are filing for a national from Canada, and applying for initial classification as a
TN (Trade NAFTA), you will not need to complete Form I-129. See 8 CFR 214.6 for information on applying at a U.S. port of entry.
If you are applying for a national from Mexico or Canada, who is already in the U.S., and applying for a change of status to TN, or extension of stay as a
TN, file at the Nebraska Service Center. |
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Filing Fee |
Base Fee: $320.
A U.S. employer filing an H-1B
petition must submit the $320 petition filing fee and, unless exempt under Part
B of the H-1B Data Collection and Filing Fee
Exemption Supplement of this form, an additional
fee of either $1,500 or $750 . A U.S. employer with a total of 25 or less
full-time equivalent employees in the United
States (including any affiliate or subsidiary of
the employer) is only obligated to pay the $750 fee.
Petitioners filing Form I-129 to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore must also complete the applicable supplements to the Form I-129 petition. Specifically, the Nonimmigrant Classification Based on Free Trade Agreement Supplement to Form I-129, and the H-1B Data Collection and Filing Fee Exemption Supplement are required.
Unless exempt under Part B of
the H-1B Data Collection and Filing Fee Exemption
Supplement of this form, the additional filing fee
of either $1,500 or $750 is also required of U.S. employers seeking to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in the following situations:
- Employers seeking to
employ a current H-1B1 Free Trade Nonimmigrant
from Chile or Singapore presently employed by
another H-1B1 employer;
- Employers requesting an
initial extension of H-1B1 status for an H-1B1
Free Trade Nonimmigrant from Chile or Singapore
that they presently employ; and
- Employers seeking to change an alien's status and employ the alien as an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in new employment.
A U.S. employer filing an H-1B petition who is required to pay the additional fee may make the payment in the form of a single check or money order for the total amount due or as two checks or money orders, one for the additional fee and one for the petition fee.
NOTE: H-1B and L-1
petitioners who must pay the $500 Fraud Prevention and Detection Fee must pay with
a check or money order that is separate from the
additional fee and petition fee. The $500 Fraud Prevention and Detection Fee is never required for petitions for H-1B1 Free Trade Nonimmigrants from Chile or Singapore.
Note that premium processing fees are optional and additional (see form I-907). | |
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