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Nov 19, 2024
Form I-129 is one of the most important documents needed for the nonimmigrant U.S. visa application process and is used for a wide range of visa categories. This form, filed by employers with the United States Citizenship and Immigration Services (USCIS), is a key step in securing temporary work visas for their foreign employees.
In this article, we’ll provide guidance on how immigration lawyers can work with employers to complete Form I-129 and go over the necessary steps to ensure successful visa applications.
What is I-129? In a nutshell, Form I-129, known as a "Petition for a Nonimmigrant Worker," enables U.S. employers to hire global talent legally on a temporary work visa. The form aims to offer benefits to both employers and potential individuals seeking better career opportunities.
In the form, the employer provides information about themselves, the intended employment, and the details concerning the foreign worker.
Bear in mind that if the employee is already in the U.S. under a certain status, the lawyer can work with the employee to adjust or extend their status to meet the specific visa category the employer requests.
Now, let’s take a look at which visa categories Form I-129 covers.
*Small employers and non-profits qualify for a reduced fee of $300 or are exempt, respectively.
Use this checklist below to ensure consistency when helping employers complete Form I-129.
Immigration law and USCIS procedures are subject to change, so it's essential to begin the process with the most current information. Start by visiting the official USCIS website and locate the section dedicated to Form I-129, Petition for a Nonimmigrant Worker. Then, look for any recent announcements, news releases, or changes to the form's instructions that might be relevant to your petition. Pay close attention to the edition date on the form itself, as using an outdated version can cause delays. Also carefully review the filing requirements to understand the eligibility criteria, required supporting documents, and any specific procedures related to the nonimmigrant visa category you are applying for.
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If you are filing a petition for an H-1B visa for a specialty occupation, you'll need to take an important preliminary step. The Labor Condition Application (LCA) is a document employers must submit to the Department of Labor (DOL) to demonstrate that hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers. This is done electronically through the DOL's online iCERT system. The LCA requires detailed information about the offered position, including the wage, job duties, location, and the prevailing wage for that occupation in the area of intended employment. Once the DOL certifies the LCA, you will receive a certified LCA, which is a key supporting document for your H-1B petition.
Collect comprehensive information about the employer (petitioner) and the foreign national employee (beneficiary). This includes details about their respective backgrounds, contact information, and the specifics of the proposed employment. Also confirm the desired nonimmigrant visa category (H-1B, L-1, O-1, etc.) and gather all relevant details about the job offer, such as the job title, duties, salary, location, and duration of employment.
Accuracy is critical when completing Form I-129. Download the latest version from the USCIS website and meticulously complete each section, referring to the instructions frequently.
Ensure all required fields are filled out correctly and that you provide detailed and accurate information about both the employer (the petitioner) and the foreign national employee (the beneficiary). This includes basic identifying information for both parties, such as names, addresses, and contact details. You'll also need to provide information about the employer's legal status and history, as well as the employee's qualifications and prior immigration history, if applicable. The form also requires specific details about the offered position, including job duties, required qualifications, salary, and work location.
Finally, be sure to complete any sections or supplements that are specific to the visa category you are applying for. By providing complete and correct information, you can help ensure a smooth and efficient adjudication process.
Always refer to the USCIS website for the most current fee schedule to ensure accuracy and avoid unnecessary delays in processing. In general, you will need to include fees for Form I-129 itself, a fraud prevention fee, and (in the case of H-1B petitions) an American Competitiveness and Workforce Improvement Act (ACWIA) fee that is used to support training for U.S. workers. Remember that your client has the option to request premium processing, which requires an additional fee but can significantly reduce the processing time. Fees are typically paid by check or money order and made payable to the U.S. Department of Homeland Security.
After meticulously completing Form I-129 (gathering all necessary supporting documentation and preparing the correct filing fees), you are ready to assemble the petition package for your client. When organizing the documents, adhere to the following recommended order:
When submitting Form I-129, the required supporting documentation will vary based on the type of work visa you are applying for.
Below are some common supporting documents and evidence that are needed:
Since the required documentation depends on the specific visa category, it's necessary to review the USCIS checklist for the appropriate visa type before submitting Form I-129.
Immigration lawyers need to inform clients of all the essential details for form I-129 by outlining the latest information on processing times, filming locations, and tracking options. Clear guidance on these steps can help clients understand what to expect and avoid common filing errors.
Different visa categories (e.g., H-1B, H-2A, L-1) have varying processing times. Cases with additional documents or unusual circumstances will require more time. Additionally, processing times can differ between different service centers.
On average, applicants can expect processing times to range from weeks to months.
To check the status of the Form I-129 petition online, use the USCIS case status online tool. You'll need the 13-character receipt number to track the case.
Note: If the case is eligible, you can expedite the processing by paying an additional fee for premium processing.
The Texas Service Center originally processed all I-129 petitions except for those related to H-1B and H-1B1 (HSC) visas. If you're submitting Form I-129, either by itself or with Form I-907, you can file it online.
This means that as of April 1, 2024 the USCIS Texas Service Center is no longer a designated Form I-129 filing address for the H-1B visa category as they no longer accept petitions that are not submitted online or sent to the USCIS lockbox. There is no grace period for this change. Any Form I-129 under the H-1B category received at a service center after April 1, 2024, will be rejected.
For filing online, follow this link: https://www.uscis.gov/file-online.
Once everything is in order, the USCIS will send all correspondence, including the I-797 approval notice, to the address provided on Form G-28. This means the lawyer will receive the I-129 approval notice at their office address.
2024 was the year when the USCIS updated the whole process. Now we can expect a streamlined and more efficient process for filing Form I-129 thanks to the mandatory online filing system.
New fees (outlined above) and a revised Form I-129 edition (04/01/24) are also in place—requiring accurate fee calculation and use of the updated form.
Below are tips that will help you complete I-129 Forms correctly, avoid mistakes, and achieve outstanding outcomes for you and your clients.
Instead of typing everything by hand, use software to fill out Form I-129. This can save you a lot of time and reduce errors. Some software can even pull information from other documents, like your client's passport or employment contract, to fill in the form automatically. This helps ensure accuracy and saves you from retyping information. Docketwise’s Immigration Forms feature helps immigration lawyers save time by automatically filling out immigration forms with client information.
Once you submit the form, it's important to keep track of its status via the USCIS website. This will help you actively monitor if there are any issues or if the processing is taking longer than expected. Some software, like Docketwise, can automatically track your cases for you and send you updates, so you don't have to constantly check the website.
Immigration rules and procedures are always changing. Make sure you have the latest USCIS information on visa categories, fees, and required documents. This will help you avoid mistakes and ensure your applications are processed smoothly.
Before you submit anything, double-check that your client meets all the requirements for the specific visa they are applying for. Each visa category has different rules about education, work experience, and other qualifications. If your client doesn't meet these requirements, their application could be delayed or denied.
Explain the process to your clients in a way they can understand. Make sure they know what documents they need to provide, what to expect during the process, and how long it might take. This will help them feel more comfortable and confident.
Docketwise helps make the Form I-129 submission process easier, saves time, and reduces errors. With Docketwise’s automation, information from clients is inserted directly into the I-129 forms, so there is no manual work required.
In addition, Docketwise helps ensure that deadlines are met and cases stay on track with a calendar that shows important dates, like when to file forms.
Schedule a demo today and experience how Docketwise can help your immigration firm spend less time on paperwork and more time ensuring the best client service.
