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Petition for a Nonimmigrant Worker

Writer : acc Date : 2013-12-27 (Fi) 16:57 Clicks : 3079

I-129, Petition for a Nonimmigrant Worker

Purpose of Form

For petitioners filing on behalf of an alien to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.

Number of Pages

Form 35; Instructions 24.

Edition Date

10/07/11 (01/19/11; 11/23/10 edition also accepted)

A new edition of this form is coming soon. In the meantime, customers may file using the 10/07/11 or other previous editions.

Where to File

See filing instructions.

Filing Fee


Special Instructions

Duplicate Copies:

Please provide a duplicate copy of Form I-129 and all supporting documentation at the time of filing if the beneficiary is seeking a nonimmigrant visa abroad, or if the beneficiary is seeking a change of status (COS) or extension of stay (EOS).  Additionally, please provide duplicate copies of all documents sent to USCIS in response to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).  USCIS will not make a duplicate copy if one is not provided.

Please note: Failure to submit duplicate copies may cause a delay in issuance of a visa abroad from the Department of State.

Evidence of Petition Approval Needed When Traveling

Along with a valid passport and visa (if applicable), the alien beneficiary should carry the following documents when traveling to the United States:

  • Form I-797 USCIS petition approval notice or
  • A copy of the approved Form I-129S (if applicable)

The alien beneficiary should present this documentation to Customs and Border Protection (CBP) when seeking entry or re-entry into the United States in the approved I-129 petition employment classification.

Please note: Evidence of a petition approval is not a visa and the alien beneficiary must possess the appropriate nonimmigrant visa, if one is required, before applying for admission into the United States.

I-94 Validity:

When an alien beneficiary with an approved I-129 petition is admitted to the United States, CBP grants the alien beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.

If the expiration date on the Form I-94 ends before the validity period of the I-129 petition (as shown on the I-797 approval notice) one of the following must occur before the expiration date on the Form I-94 or as noted in the passport or travel document:

  • A request for an extension of stay must be filed on behalf of the alien  using Form I-129; or
  • An application for some other immigration benefit that would allow the alien to remain in the United States must be filed; or
  • The alien must depart the United States.

If the alien’s stay is limited as described above, any dependent family members who accompanied or followed to join the alien must also: (a) request an extension of stay using Form I-539; (b) apply for some other immigration benefit that would allow the family member to remain in the United States; or (c) depart the United States, before the expiration date on the family member’s Form I-94 or the date noted in the family member’s passport or travel document.

Part 6 - “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States”

Part 6 of the Form I-129 must be completed by petitioners filing petitions seeking classification of aliens as H-1B, H-1B1 Chili/Singapore, L-1, and O-1A.  Part 6 is not required for petitions for all other classifications, including but not limited to Blanket L petitions (LZ). See our Part 6 of Form I-129: Frequently Asked Questions for more information.

Troubled Asset Relief Program (TARP):

Employers who received funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (“covered funding”) are no longer required to answer Question 1d in Part A of the H-1B Data Collection and Filing Fee Exemption Supplement.

The Employ American Workers Act (EAWA) had mandated additional requirements on H-1B petitioners who received covered funding.  These requirements ended on February 16, 2011.  The additional requirements under EAWA no longer apply to any H-1B petition requesting an employment start date of February 17, 2011, or later. 

For Residence in the Commonwealth of the Northern Mariana Islands (CNMI):

There is additional guidance you must follow if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information please visit the grant of status webpage.

When completing Form I-129, please list your CNMI Post Office Box when asked for a street or physical address. All filings for employment or services in CNMI, regardless of classification, are filed with the California Service Center at: P.O. Box 10698, Laguna Niguel, CA 92607-1098.  All courier or express deliveries should be forwarded to 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677.

This page can be found at

Last Reviewed/Updated: 06/07/2013


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The 29th  Annual Inaugural Ceremonies 

Honorable Barack Obama

President of the United States of America

Honorable Andrew M. Cuomo

Governor of the New York State

Honorable Michael R. Bloomberg

The Mayor of the City of New York

Honorable Richard A. Brown

District Attorney Queens County

Honorable Raymond W. Kelly

Police Commissioner City of New York

The Asian American Council

Michael S. Limb

Executive Chairman


Together we can become more

Innovative, Adaptive and Creative

In solving today’s problems


Reception committee Co-Chairmen

01) Tomiko Abe                    Co-Chairman of the Tokyo Chapter of the AAC

02) Dr. Louis Fujimoto         Chairman of the Japanese Affairs Committee

03) James Fan                       Director of the Chinese Affairs Committee

04) David Ignacio, Esq.        Chairman of the Filipino Affairs Committee

05) Richie Ian                        Chairman of the   Caribbean Affairs Committee

06) Mohummad Iqubal       Chairman of the International Affairs Committee

07) Lisa Su Li                         Chairman of the Inter Governmental Affairs Committee

08) Young Chul Lee             Co-Chairman of the Korean Affairs Queens Committee

09) Qasim Majeed                 Chairman of the Event Committee

10) Pea Young Ho                Co-Chairman of the Korean Business Affairs Committee

11) Jae Hack Sin                   Co-Chairman of the Korean Business Affairs  Committee

12) James Sheng                  Director of the Chinese Business Affairs Committee

13) Gun  Soo Youn               Chairman of the Korean Affairs Committee

14) Wu, Kuan He                  Chairman of the Chinese Business Affairs Queens Committee

15) Oshell Oh                       Communication Director of the International  Affairs Committee    

16) Rafael Flores                Director of Central America Affair Committee         


The Asian American Council

Request the Honor of Your Presence


The Twenty Ninth Annual Inaugural Ceremonies


Anniversary Dinner Reception


Oct. 23rd, 2013


Good Fortune Restaurant (Former East Manor) Banquet Hall

46-45 Kissena Boulevard, Flushing, New York 11355

Tel 1-718-326-8988

Business Attire

Cocktail Reception                                           at 6:00 P.M.

Official Anniversary Ceremony                 at 7:00 P.M.

Dinner Reception                                             at 8:00 P.M.

R. S.V.P.

Michael S. Limb

Executive Chairman

The Asian American Council

Tel: 718-820-0300 Cell: 917-279-7410 Fax 718-820-0700

E-mail:   limb300@hotmail.


Copyright ⓒAll rights reserved.

The Asian American Council
Michael S. Limb Executive Chairman
Web Producer: by AAC Communication Director Oshell Oh

159-16 Union Tpke. Suite # 212 Fresh Meadows, New York 11366 email: