Form I-129 Guide

USCIS evaluates several criteria when reviewing Form I-129, including the beneficiary's qualifications and the legitimacy of the job offer. A common mismatch occurs when the evidence provided does not clearly demonstrate the beneficiary's eligibility for the requested classification. Ensuring all documentation aligns with the requirements is vital for approval.

• Gather educational credentials to demonstrate the beneficiary's qualifications.
• Include a detailed job description that aligns with the requested classification.
• Provide proof of the petitioner's ability to pay the offered wage.
• Ensure all documents are properly translated and certified if not in English.
• Attach any necessary supplemental forms specific to the classification.
• Document any prior employment or experience relevant to the petition.

• Missing evidence of the beneficiary's qualifications, such as degrees or certifications.
• Incomplete or inaccurate information in the petition, which can lead to delays.
• Failure to provide a valid signature, which is crucial for the acceptance of the petition.
• Not submitting the required itinerary for petitions involving multiple locations or beneficiaries.
• Omitting necessary documentation that supports the classification being requested.

• A completed Form I-129 with all required sections filled out.
• Evidence of the beneficiary's qualifications, such as degrees or licenses.
• Filing fees as specified in Form G-1055.
• A valid handwritten signature from the petitioner.
• Legible photocopies of all supporting documents.
• Translations of documents not in English, certified by the translator.
• Signed declaration and date.
• Passport or travel document details.
• NOC code and position/title.
• Hours per week for work experience.

• General Information

  This section provides an overview of the form's purpose and the classifications available for petitioning nonimmigrant workers.

• Filing Requirements

  Detail the necessary evidence and documentation required to support the petition, including any specific forms or fees.

• Petitioner Information

  Provide the legal name and address of the petitioner, ensuring all contact information is accurate.

• Requested Action

  Specify the action you are requesting for the beneficiary, such as a new employment classification or extension of stay.

• Beneficiary Information

  Include detailed information about the beneficiary, including their qualifications and current immigration status.

• Classification - Initial Evidence

  Outline the initial evidence required for the specific classification being requested, ensuring all criteria are met.

• Part 1. Petition Always Required
  • Petitioner Information
  • Beneficiary Information
  • Requested Action
  • Basis for Classification
  • Evidence of the beneficiary's qualifications
  • Details of the proposed employment
  • Signature of the petitioner or authorized representative
  • Filing fees as specified in Form G-1055
  • Form I-94 number if applicable
  • Passport and Travel Document Numbers
  • The Purpose of Form I-129
  • 1. Basic petition;
  • 2. Individual supplements relating to specific classifications; and

• Evidence of identity (passport, government ID, or USCIS-issued document).
• Evidence of current immigration status or admission/parole.
• Evidence that supports the eligibility category selected.
• Evidence of any required family relationship or sponsorship.

• Missing or invalid signatures on the petition.
• Submitting original documents when not required.
• Failing to include required evidence for the beneficiary's qualifications.
• Not providing a complete itinerary for services when necessary.
• Inaccurate or incomplete information in the petitioner or beneficiary sections.
• Omitting the filing fee or providing incorrect payment.

• Situation: An applicant is preparing I-129 and must include all required evidence. Task: They submit a complete packet within a 30-day preparation window. Action: They compile identity records, eligibility evidence, and the filing fee before submitting. Result: The petition is accepted without a request for missing items.
• Situation: A filer is close to a deadline for I-129. Task: They submit within the required 90-day timeline. Action: They finalize the packet and file within the stated window. Result: The case proceeds without a late-filing issue.
• Situation: A petitioner must reference a receipt number. Task: They match the receipt number to the underlying petition. Action: They include the exact receipt number on I-129 and attach the notice copy. Result: USCIS can verify the underlying filing quickly.

• All signatures must be original; photocopies are acceptable if they are of a valid handwritten signature as per the instructions.
• You can submit original documents without risk; USCIS may destroy them if not required, which is a critical point to remember.
• Translations are not necessary for documents in foreign languages; they must be provided along with a certification from the translator.
• You can file for multiple beneficiaries on the same petition without restrictions; however, there are limits and specific requirements for certain classifications.
• The filing fee is the same for all classifications; in reality, it varies depending on the specific classification being requested.

This guide is based on the official instructions for Form I-129, ensuring that you have the most accurate and current information. It provides non-legal advice to help you navigate the petition process effectively.

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