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pdfApplication for Nonimmigrant Worker:
E and TN Classifications
USCIS
Form
I-129E&TN
Department of Homeland Security
U.S. Citizenship and Immigration Services
Partial Approval (explain)
Receipt
For
USCIS
Use
Only
Class:
No. of Workers:
Job Code:
Validity Dates:
From:
To:
OMB No. 1615-xxxx
Expires xx/xx/20xx
Action Block
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Classification Approved
Consulate/POE/PFI Notified
At:
Extension Granted
COS/Extension Granted
► START HERE - Type or print in black ink. Answer all questions fully and accurately. If a question does not apply to you
(for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print
“N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example,
“How many children do you have?” or “How many times have you departed the United States?”), type or print “None” unless
otherwise directed.
Part 1. Applicant Information
If you are an individual employer or sole proprietor filing this application, or are filing for yourself as the applicant, complete Item
Numbers 1. - 2. If you are a company or an organization filing this application, complete Item Number 3. All filers should
complete Item Numbers 4. - 11., as applicable.
1.
Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)
Given Name (First Name)
2.
Date of Birth (mm/dd/yyyy)
3.
4.
Trade Name or “Doing Business As” Name
6.
Primary U.S. Office Address of the Company or Organization
Middle Name
Name of Company or Organization
5.
USCIS Online Account Number
►
Street Number and Name
Apt. Ste. Flr. Number
City or Town
State
Form I-129E&TN Edition 10/02/20
ZIP Code
(USPS ZIP Code Lookup)
Page 1 of 22
Part 1. Applicant Information (continued)
7.
Is your mailing address different from your Primary U.S. Office Address?
Yes
No
If you answered “Yes” to Item Number 7., provide your mailing address below.
8.
Mailing Address
In Care Of Name
Street Number and Name
Apt. Ste. Flr. Number
City or Town
State
Province
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Postal Code
ZIP Code
(USPS ZIP Code Lookup)
Country
Applicant's Contact Information
9.
U.S. Daytime Telephone Number
11.
Email Address
10.
U.S. Mobile Telephone Number
13.
Individual Taxpayer Identification Number (ITIN)
Tax Payer Identification Numbers
Provide the following information, as applicable.
12.
Employer Identification Number (EIN)
►
14.
►
U.S. Social Security Number (SSN)
►
E-Verify Information
15.
Are you an employer who, or will you work for a principal employer who, participates in the E-Verify
program?
Yes
No
If you answered “Yes” to Item Number 15., provide the information requested in Item Numbers 16. - 17.
16.
Employer's Name as Listed in E-Verify
17.
Employer's E-Verify Company Identification Number or an E-Verify Client Company Identification Number
Form I-129E&TN Edition 10/02/20
Page 2 of 22
Part 2. Information About This Application
1.
2.
3.
Requested Nonimmigrant Classification (Select only one box)
A.
E-1
D.
E-3
B.
E-2
E.
NAFTA (TN)
C.
E-2 CNMI Investor (extensions only)
Basis for Classification (Select only one box)
A.
New employment/investment/trade.
B.
Continuation of previously approved employment/investment/trade without change with the same employer.
C.
Change in previously approved employment but continuation of employment with the same employer
(provide an explanation in Part 10. Additional Information).
D.
New concurrent employment.
E.
Change of employer or change of investment for an applicant already in the requested classification.
F.
Amended application (provide an explanation in Part 10. Additional Information).
Provide the most recent petition/application receipt number for the applicant. If none exists, indicate "None."
►
4.
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Requested Action (Select only one box)
A.
Notify the office in Part 5. so that the applicant can apply for and obtain a visa or be admitted, if eligible.
B.
Change the status and extend the stay of the applicant because the applicant is now in the United States in another status
(see the Instructions for limitations). This is available only when you select Item A. New Employment/investment/
trade in Item Number 2. above.
C.
Extend the stay of the applicant because the applicant now holds this status.
D.
Amend the terms of stay of the applicant because the applicant now holds this status.
E.
Request for advice as to whether a change in the terms or conditions that relates to E eligibility is substantive.
Part 3. Applicant or Employee Information
Provide the information requested about the applicant or employee for whom you are filing.
1.
Applicant's or Employee's Full Name (If you are applying for yourself and you provided this information in Part 1. Item
Number 1., leave these fields blank.)
Family Name (Last Name)
2.
Given Name (First Name)
Middle Name
Provide all other names the applicant or employee has ever used. Include nicknames, aliases, maiden name, and names from all
previous marriages. If you need extra space to complete this section, use the space provided in Part 10. Additional Information.
Family Name (Last Name)
Form I-129E&TN Edition 10/02/20
Given Name (First Name)
Middle Name
Page 3 of 22
Part 3. Applicant or Employee Information (continued)
Other Information
3.
5.
Date of Birth (mm/dd/yyyy) (If you provided this information in Part 1.
Item Number 2., leave this field blank.)
4.
U.S. Social Security Number (If you provided this information in Part 1.
Item Number 14., leave this field blank.)
►
6.
Gender
Male
Female
Alien Registration Number
(A-Number)
► A-
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7.
USCIS Online Account Number
►
8.
City or Town of Birth
9.
Province of Birth
10.
Country of Birth
11.
Country of Citizenship or Nationality
12.
If the applicant or employee is in the United States, complete the following:
Date of Last Arrival
Form I-94 Arrival-Departure Record Number
(mm/dd/yyyy)
►
Passport or Travel Document Number
Date Passport or Travel Document Issued
(mm/dd/yyyy)
Date Passport or Travel Document Expires
(mm/dd/yyyy)
Passport or Travel Document Country of Issuance
Current Nonimmigrant
Status
Date Status Expires or Duration of Status (D/S)
(see Form I-94 Arrival/Departure Document)
(mm/dd/yyyy)
Student and Exchange Visitor Information System (SEVIS)
Number
13.
Employment Authorization Document (EAD)
Number
Does the applicant or employee have a U.S. residential address?
Yes
No
If you answered “Yes” to Item Number 13., you must provide the applicant or employee's U.S. residential address information in
Item Number 14.
14.
Applicant or Employee's Current U.S. Residential Address (Do not list a P.O. Box unless you are requesting E-2
Commonwealth of the Northern Mariana Islands (CNMI) classification.)
Street Number and Name
Apt. Ste. Flr. Number
City or Town
State
Form I-129E&TN Edition 10/02/20
ZIP Code
Page 4 of 22
Part 4. Information About Applicant or Employee's Public Benefits
Part 4. only applies to applications that also seek a change of an applicant or employee's status or an extension of an applicant or
employee's nonimmigrant stay in the United States. If you are filing this application without a request for the beneficiary's change of
status or extension of stay, you may skip Part 4.
1.
Has the applicant or employee received, since obtaining the nonimmigrant status that you seek to extend or that you seek to
change on behalf of applicant or employee, received, or the applicant or employee currently certified to receive, the following
public benefits? (select all that apply).
Yes, the applicant or employee has received or is currently certified to receive the following public benefits:
(select all that apply)
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Any Federal, State, local or tribal cash assistance for income maintenance
Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
General Assistance (GA)
Supplemental Nutrition Assistance Program (SNAP, formerly called "Food Stamps")
Section 8 Housing Assistance under the Housing Choice Voucher Program
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
Public Housing under the Housing Act of 1937, 42 U.S.C. 1437 et seq.
Federally-funded Medicaid
No, the applicant or employee has not received any of the above listed public benefits.
No, the applicant or employee is not certified to receive any of the above listed public benefits.
2.
If the applicant or employee has received or is currently certified to receive any of the above public benefits, provide information
about the public benefits below. If you need additional space to complete any Item Number in this Part, use the space provided in
Part 10. Additional Information. Submit evidence as outlined in the Instructions.
A.
Type of Benefit
Agency that Granted the Benefit
Date the Applicant or Employee Started Receiving the Benefit or if Certified,
Date the Applicant or Employee Will Start Receiving the Benefit
(mm/dd/yyyy)
B.
Type of Benefit
Agency that Granted the Benefit
Date the Applicant or Employee Started Receiving the Benefit or if Certified,
Date the Applicant or Employee Will Start Receiving the Benefit
(mm/dd/yyyy)
C.
Type of Benefit
Form I-129E&TN Edition 10/02/20
Date Benefit or Coverage Ended
or Expires
(mm/dd/yyyy)
Agency that Granted the Benefit
Date the Applicant or Employee Started Receiving the Benefit or if Certified,
Date the Applicant or Employee Will Start Receiving the Benefit
(mm/dd/yyyy)
Date Benefit or Coverage Ended
or Expires
(mm/dd/yyyy)
Date Benefit or Coverage Ended
or Expires
(mm/dd/yyyy)
Page 5 of 22
Part 4. Information About The Beneficiary's Public Benefits (continued)
D.
Type of Benefit
Agency that Granted the Benefit
Date the Applicant or Employee Started Receiving the Benefit or if Certified,
Date the Applicant or Employee Will Start Receiving the Benefit
Date Benefit or Coverage Ended
or Expires
(mm/dd/yyyy)
(mm/dd/yyyy)
3.
If you answered “Yes” to Item Number 1., do any of the following apply to the applicant or employee? Provide the evidence
listed in the Form I-129E&TN Instructions.
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The applicant or employee is enlisted in the Armed Forces, or is serving in active duty or in the Ready Reserve Component
of the U.S. Armed Forces.
The applicant or employee is the spouse or the child of an individual who is enlisted in the Armed Forces, or who is serving
in active duty or in the Ready Reserve Component of the U.S. Armed Forces.
At the time the applicant or employee received the public benefits, the applicant or employee (or the applicant or employee's
spouse or parent) was enlisted in the Armed Forces, or was serving in active duty or in the Ready Reserve Component of
the U.S. Armed Forces.
At the time the applicant or employee received the public benefits, the applicant or employee was present in the United
States in a status exempt from the public charge ground of inadmissibility.
At the time the applicant or employee received the public benefits, the applicant or employee was present in the United
States after being granted a waiver of the public charge ground of inadmissibility.
The applicant or employee is a child currently residing abroad who entered the United States with a nonimmigrant visa to
attend an N-600K, Application for Citizenship and Issuance of Certificate Under INA Section 322 interview.
None of the above statements apply to the applicant or employee.
4.
A.
Has the applicant or employee received, applied for, or been certified to receive federally-funded Medicaid in connection
with any of the following (select all that apply): Submit evidence as outlined in the Instructions.
An emergency medical condition
For a service under the Individuals with Disabilities Education Act (IDEA)
Other school-based benefits or services available up to the oldest age eligible for secondary education under State law
While under the of age 21
While pregnant or during the 60-day period following the last day of pregnancy
B.
Provide the applicable dates from (mm/dd/yyyy)
to (mm/dd/yyyy)
Part 5. Processing Information
1.
If filing for a TN-1 (Canadian) employee and the employee will be seeking a new visa or admission upon approval of this
application, indicate the U.S. Consulate or U.S. Customs and Border Protection (CBP) inspection facility you would like notified.
A.
Type of Office (select only one box)
U.S. Consulate
B.
CBP Pre-flight Inspection Facility
City Where Office is Located
Form I-129E&TN Edition 10/02/20
C.
U.S. Port of Entry
U.S. State or Foreign Country
Page 6 of 22
Part 5. Processing Information (continued)
2.
Applicant or Employee's Foreign Address
Street Number and Name
Apt. Ste. Flr. Number
City or Town
Province
3.
Postal Code
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Are you filing any other applications with this one?
If you answered "Yes" to Item Number 3., how many?
4.
6.
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
►
Are you filing any applications for dependents with this application?
If you answered "Yes" to Item Number 5., how many?
Yes
►
Are you filing any applications for replacement/initial Form I-94, Arrival-Departure Records, with this
application? (If the applicant was issued an electronic Form I-94 by CBP when he/she was admitted to the
United States at an airport or seaport, he/she may be able to obtain the Form I-94 from the CBP website at
www.cbp.gov/i94 instead of filing an application for a replacement/initial Form I-94.)
If you answered "Yes" to Item Number 4., how many?
5.
Country
►
Is the applicant or employee in removal proceedings?
If you are applying on behalf of someone else, answer Item Numbers 7. - 12.
7.
Have you ever filed an immigrant petition on behalf of this applicant or employee?
If you answered “Yes” to Item Number 7., identify the receipt number of each petition, in Part 10.
Additional Information.
8.
Have you ever filed a nonimmigrant petition or application on behalf of this applicant or employee?
If you answered “Yes” to Item Number 8., identify the receipt number for each petition and/or
application in Part 10. Additional Information.
9.
Has the applicant or employee in this application ever been granted the classification you are now
requesting?
If you answered “Yes” to Item Number 9., provide an explanation in Part 10. Additional Information.
10.
Has the applicant or employee in this application ever been denied the classification you are now
requesting?
If you answered “Yes” to Item Number 10., provide an explanation in Part 10. Additional Information.
11.
Has the applicant or employee ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange
visitor?
If you answered “Yes” to Item Number 11., provide a response to Item Number 12.
12.
If you answered "Yes" to Item Number 11., provide the dates the applicant or employee maintained status as a J-1 exchange
visitor or J-2 dependent. Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility
for Exchange Visitor (J-1) Status, a Form IAP-66, or a copy of the passport that includes the J visa stamp. Additionally, provide
evidence that the applicant or employee fulfilled the two-year foreign residence requirement or had such residence requirement
waived.
Form I-129E&TN Edition 10/02/20
Page 7 of 22
Part 5. Processing Information (continued)
If you are applying for yourself, answer Item Numbers 13. - 18.
13.
Has anyone ever filed an immigrant petition on your behalf?
Yes
No
Yes
No
Yes
No
Yes
No
If you answered “Yes” to Item Number 13., identify the receipt number of each petition, in Part 10.
Additional Information.
14.
Has anyone ever filed a nonimmigrant petition or application on your behalf?
If you answered “Yes” to Item Number 14., identify the receipt number of each petition and/or
application in Part 10. Additional Information.
15.
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Have you ever been granted the classification you are now requesting?
If you answered “Yes” to Item Number 15., provide an explanation in Part 10. Additional Information.
16.
Have you ever been denied the classification you are now requesting?
If you answered “Yes” to Item Number 16., proceed to Part 10. Additional Information and type or print your explanation.
17.
Have you ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange visitor?
18.
If you answered "Yes" to Item Number 17., provide the dates you maintained status as a J-1 exchange visitor or J-2 dependent.
Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility for Exchange Visitor
(J-1) Status, a Form IAP-66, or a copy of the passport that includes the J visa stamp. Additionally, provide evidence that the
principal J-1 applicant or employee fulfilled the two-year foreign residence requirement or had such residence requirement
waived.
Yes
No
Part 6. Basic Information About the Proposed Employment and Employer
Attach the Form I-129E&TN Supplement relevant to the classification you are requesting.
1.
Job Title
2.
Addresses where the applicant or employee will work if different from the address in Part 1. If you need to provide more than
two additional addresses, use Part 10. Additional Information.
Address 1
Street Number and Name
Apt. Ste. Flr.
City or Town
State
Number
ZIP Code
Address 2
Street Number and Name
Apt. Ste. Flr.
City or Town
State
Form I-129E&TN Edition 10/02/20
Number
ZIP Code
Page 8 of 22
Part 6. Basic Information About the Proposed Employment and Employer (continued)
3.
Will the applicant work for you off-site at another company or organization's location?
Yes
No
4.
Will the applicant work exclusively in the CNMI?
Yes
No
5.
Is this a full-time position?
Yes
No
6.
If you answered "No" to Item Number 5., how many hours per week for the position?
►
7.
Wages (in U.S. dollars): $
►
8.
Other Compensation (Explain)
9.
Dates of intended employment
per (Specify hour, week, month, or year)
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From (mm/dd/yyyy)
To (mm/dd/yyyy)
10.
Type of Business
12.
Current Number of Employees in the United States ►
13.
Gross Annual Income
$
14.
11.
Year Established
Net Annual Income
$
Part 7. Statement, Contact Information, Certification, and Signature of the Employer, Applicant, or
Authorized Signatory
NOTE: Read the Penalties section of the Form I-129E&TN Instructions before completing this section.
Employer's, Applicant's, or Authorized Signatory's Statement
NOTE: Select the box for either Item A. or B. in Item Number 1. If applicable, select the box for Item Number 2.
1.
Employer, Applicant, or Authorized Signatory's Statement Regarding the Interpreter
A.
I can read and understand English, and I have read and understand every question and instruction on this application
and my answer to every question.
B.
The interpreter named in Part 8. read to me every question and instruction on this application and my answer to every
question in
, a language in which I am fluent, and I understood all of this
information as interpreted.
2.
Employer, Applicant, or Authorized Signatory's Statement Regarding the Preparer
At my request, the preparer named in Part 9.,
,
prepared this application for me based only upon information I provided or authorized.
Form I-129E&TN Edition 10/02/20
Page 9 of 22
Part 7. Statement, Contact Information, Certification, and Signature of the Employer, Applicant, or
Authorized Signatory (continued)
Employer's Applicant's, or Authorized Signatory's Certification
Copies of any documents submitted are exact photocopies of unaltered, original documents, and I understand that, as the employer, applicant, or
authorized signatory, I may be required to submit original documents to U.S. Citizenship and Immigration Services (USCIS) at a later date..
I authorize the release of any information contained in this application, in supporting documents, in my USCIS records, and in the
organization's USCIS records, to USCIS or other entities and persons where necessary to determine eligibility for the immigration
benefit sought or where authorized by law. I recognize the authority of USCIS to conduct audits of this application using publicly
available open source information. I also recognize that any supporting evidence submitted in support of this application may be
verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.
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If filing this application on behalf of an organization, I certify that I am authorized to do so by the organization
I certify, under penalty of perjury, that I provided or authorized all of the information in my application, I understand all of the
information contained in, and submitted with, my application, and that all of this information is complete, true, and correct.
Employer's, Applicant's, or Authorized Signatory's Signature
3.
Employer, Applicant, or Authorized Signatory's Signature
Date of Signature (mm/dd/yyyy)
If Part 7. is being completed by an Authorized Signatory, provide the following information:
Name and Title of Authorized Signatory
4.
Family Name (Last Name)
5.
Title
Given Name (First Name)
Authorized Signatory's Contact Information
6.
Daytime Telephone Number
8.
Email Address
7.
Mobile Telephone Number
NOTE TO ALL EMPLOYERS, APPLICANTS, AND AUTHORIZED SIGNATORIES: If you do not completely fill out this
application or fail to submit required documents listed in the Instructions, USCIS may deny your application.
Form I-129E&TN Edition 10/02/20
Page 10 of 22
Part 8. Interpreter's Contact Information, Certification, and Signature
Provide the following information about the interpreter.
Interpreter's Full Name
1.
Interpreter's Family Name (Last Name)
Interpreter's Given Name (First Name)
2.
Interpreter's Business or Organization Name (if any)
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Interpreter's Mailing Address
3.
Street Number and Name
Apt. Ste. Flr. Number
City or Town
State
Province
Postal Code
ZIP Code
Country
Interpreter's Contact Information
4.
Interpreter's Daytime Telephone Number
6.
Interpreter's Email Address (if any)
5.
Interpreter's Mobile Telephone Number (if any)
Interpreter's Certification
I certify, under penalty of perjury, that:
I am fluent in English and
, which is the same language specified in Part 7.,
Item B. in Item Number 1., and I have read to this employer, applicant, or the authorized signatory in the identified language every
question and instruction on this application and his or her answer to every question. The employer, applicant, or authorized signatory
informed me that he or she understands every instruction, question, and answer on the application, including the Employer's,
Applicant's, or Authorized Signatory's Certification, and has verified the accuracy of every answer.
Interpreter's Signature
7.
Interpreter's Signature
Form I-129E&TN Edition 10/02/20
Date of Signature (mm/dd/yyyy)
Page 11 of 22
Part 9. Contact Information, Declaration, and Signature of the Person Preparing this Application, if
Other Than the Employer, Applicant, or Authorized Signatory
Provide the following information about the preparer.
Preparer's Full Name
1.
Preparer's Family Name (Last Name)
Preparer's Given Name (First Name)
2.
Preparer's Business or Organization Name (if any)
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Preparer's Mailing Address
3.
Street Number and Name
Apt. Ste. Flr. Number
City or Town
State
Province
Postal Code
ZIP Code
Country
Preparer's Contact Information
4.
Preparer's Daytime Telephone Number
6.
Preparer's Email Address (if any)
5.
Preparer's Mobile Telephone Number (if any)
Preparer's Statement
7.
A.
I am not an attorney or accredited representative but have prepared this application on behalf of the applicant and with
the employer's, applicant's, or authorized signatory's consent.
B.
I am an attorney or accredited representative and my representation of the employer, applicant, or authorized signatory
in this case
extends
does not extend beyond the preparation of this application.
NOTE: If you are an attorney or accredited representative, you may need to submit a completed Form G-28, Notice of
Entry of Appearance as Attorney or Accredited Representative, with this application.
Preparer's Certification
By my signature, I certify, under penalty of perjury, that I prepared this application at the request of the employer, applicant, or
authorized signatory. The employer, applicant, or authorized signatory has reviewed this completed application, including the
Employer's, Applicant's, or Authorized Signatory's Certification, and informed me that all of the information in the application
and in the supporting documents is complete, true, and correct.
Preparer's Signature
8.
Preparer's Signature
Form I-129E&TN Edition 10/02/20
Date of Signature (mm/dd/yyyy)
Page 12 of 22
Part 10. Additional Information
If you need extra space to provide any additional information within this application, use the space below. If you require more space
than what is provided, you may make copies of this page to complete and file with this application or attach a separate sheet of paper.
Type or print the employer, sole proprietor, or applicant name at the top of each sheet; indicate the Page Number, Part Number, and
Item Number to which your answer refers; and sign and date each sheet.
1.
Individual Employer, Sole Proprietor, or Applicant Name (same as in Part 1.)
Family Name (Last Name)
2.
A.
D.
3.
A.
D.
4.
A.
D.
5.
A.
Given Name (First Name)
Middle Name
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Page Number
B.
Part Number C.
Item Number
Page Number
B.
Part Number C.
Item Number
Page Number
B.
Part Number C.
Item Number
Page Number
B.
Part Number C.
Item Number
Page Number
B.
Part Number C.
Item Number
D.
6.
A.
D.
Form I-129E&TN Edition 10/02/20
Page 13 of 22
E-1 or E-2 Classification Supplement to
Form I-129E&TN
USCIS
Form I-129E&TN
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-xxxx
Expires xx/xx/20xx
Part 1. Information About the U.S. Employer
1.
Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)
Given Name (First Name)
Middle Name
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2.
Name of Company or Organization
3.
Classification or Action Sought (Select only one box)
E-1 Treaty Trader
E-1 Employee - Executive or Supervisory
E-1 Employee - Special Qualifications
E-2 Treaty Investor
E-2 CNMI Investor (extensions only)
E-2 Employee - Executive or Supervisory
E-2 Employee - Special Qualifications
Advice on Whether a Change in the Terms or Conditions of E Status is Substantive
4.
Name of country signatory to the applicable treaty with the United States upon which you are basing your E application
5.
How is the U.S. commercial enterprise related to the company or organization abroad? (Select only one box)
Parent
6.
Branch
Subsidiary
Affiliate
Joint Venture
Other
Provide the following information for each individual who has a percentage of ownership in the U.S. commercial enterprise.
Name (First/MI/Last)
Nationality
Immigration Status
Percent of
Ownership
NOTE: Ownership of the commercial enterprise must be traced as best as is practicable to the individuals who are ultimately its
owners. If the commercial enterprise is owned solely or partly by other organizations, you must establish the nationality of the
individual owners of the other organizations (attach documentation).
7.
Commercial Enterprise's Assets
$
Form I-129E&TN Edition 10/02/20
8.
Commercial Enterprise's Net Worth
$
Page 14 of 22
Part 1. Information About the U.S. Employer (continued)
9.
Commercial Enterprise's Liabilities
$
10.
Commercial Enterprise's Net Annual Income
$
Information About Staff in the United States
11.
How many executive and supervisory employees does the U.S. commercial enterprise have who are
nationals of the treaty country in E nonimmigrant status?
12.
How many persons with special qualifications that are essential to the successful or efficient operation of the
U.S. commercial enterprise does the U.S. commercial enterprise employ who are in E nonimmigrant status?
13.
Provide the total number of employees (U.S. and foreign) in executive and supervisory positions in the
United States.
14.
Provide the total number of positions in the United States that require persons with special qualifications
that are essential to the successful or efficient operation of the U.S. commercial enterprise.
15.
If the U.S. commercial enterprise is attempting to qualify the applicant as an executive or supervisor, provide the total number of
employees he or she will supervise. Alternatively, if the commercial enterprise is attempting to qualify the employee based on
special qualifications, explain why the special qualifications are essential to the successful or efficient operation of the treaty
enterprise, and what efforts you are taking to replace such persons with other U.S. workers.
16.
Has the U.S. company or organization met all legal requirements, including licensing, for doing
business in the jurisdiction where it is located?
Yes
No
17.
Is the U.S. company or organization a real, active, and operating commercial undertaking which
produces services or goods for profit?
Yes
No
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If you answered “Yes” to Item Number 17., provide an explanation. If you need extra space to provide your explanation,
use the space provided in Part 10. Additional Information.
Information About the Employer Outside the United States
18.
Employer's Name
20.
Employer's Address
Total Number of Employees
Street Number and Name
Apt. Ste. Flr. Number
City or Town
State
Province
21.
19.
Postal Code
ZIP Code
Country
Principal Product, Merchandise or Service
Form I-129E&TN Edition 10/02/20
Page 15 of 22
Part 2. Information About E-1 Treaty Trader or Employee of an E-1 Treaty Trader
Provide the information requested in Item Numbers 1. - 3. if you are filing for or as an E-1 Treaty Trader. If you are filing for an
employee of an E-1 Treaty Trader, complete Item Numbers 4. - 20.
Complete Item Numbers 1. - 3. if filing for an E-1 Treaty Trader.
1.
Total Annual Gross International Trade/Business of the U.S. commercial enterprise
2.
Select only one box for
3.
Percent of total gross trade between the United States and the treaty trader country for each of the following categories
(provide the dollar value and number of transactions for each):
A.
Number of Transactions
Number of Transactions
Domestic U.S. production manufacturing
$
F.
Number of Transactions
Exports from U.S. business to third countries
$
E.
Number of Transactions
Imports from third countries to U.S. business
$
D.
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Exports from U.S. business to treaty country
$
C.
Fiscal Year Ending (yyyy)
Imports from treaty country to U.S. business
$
B.
Calender or
Number of Transactions
Total amount (Sum of Items A. - E.)
$
Number of Transactions
Complete Item Numbers 4. - 20. if filing for an employee of an E-1 Treaty Trader.
4.
Employee's Position Title
5.
Description of Duties (include names and title of all immediate subordinates)
6.
Number of Years Employee has been employed by Present Employer
7.
Employee's Highest Level of Education
Major/Subject
Degree
8.
Employee's Other Relevant Experience and Education
9.
Provide the following information about the U.S. company or organization.
Number of Executive Employees
Form I-129E&TN Edition 10/02/20
Number of Supervisory Employees
Year
Number of Employees having Special Qualifications
Page 16 of 22
Part 2. Information About E-1 Treaty Trader or Employee of an E-1 Treaty Trader (continued)
10.
Is the principal employer an individual person?
Yes
No
If you answered “Yes” to Item Number 10., complete Item Numbers 11. and 12. If you answered
“No” to Item Number 10., skip to Item Number 15.
11.
Does the principal employer have the nationality of the treaty country?
Yes
No
12.
Is the principal employer in the United States?
Yes
No
If you answered “Yes” to Item Number 12., then complete Item Number 13. If you answered “No”
to Item Number 12., then skip to Item Number 14.
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13.
Is the principal employer maintaining nonimmigrant treaty trader status?
Yes
No
14.
Would the principal employer be classifiable as a treaty trader?
Yes
No
15.
Is the principal employer an enterprise or organization?
Yes
No
16.
Indicate the percentage of ownership by persons having the nationality of the treaty country who are
in the United States and are maintaining treaty investor status.
17.
Indicate the percentage of ownership by persons having the nationality of the treaty country who are
not in the United States and who would be classifiable as treaty investors.
18.
Is this a replacement or an increase in staff? (Select only one box)
Replacement
Increase in Staff
19.
If you indicated that this is a replacement in Item Number 18., provide details regarding the position for which the replacement
is being sought, including, in the case of a worker with special qualifications, any efforts the commercial enterprise has made to
train locally available U.S. workers.
20.
If you indicated that this is a replacement in Item Number 18., indicate the length of time that this
position has existed.
Part 3. Information About E-2 Treaty Investor or Employee of an E-2 Treaty Investor
Provide the information requested in Item Numbers 1. - 7. if you are filing for or as an E-2 Treaty Trader. If you are filing for an
employee of an E-2 Treaty Trader, complete Item Numbers 8. - 22.
Complete Item Numbers 1. - 7. if filing for an E-2 Treaty Investor.
1.
Type of Investment (Select only one box)
Creation of a New Business
Provide Total Start-Up Costs $
Purchase of an Existing Business
Provide Total Purchase Price $
Continuation of an Existing Business
Provide Fair Market Value of Business $
2.
Total Investment Made in the United States (attach documentation):
Cash
$
Inventory $
Form I-129E&TN Edition 10/02/20
Equipment $
Other $
Premises
Total $
$
Page 17 of 22
Part 3. Information About E-2 Treaty Investor or Employee of an E-2 Treaty Investor (continued)
3.
Source of Investment Capital (for example, personal funds, loans, stocks, bonds, etc.)
4.
Do you develop and direct the investment enterprise?
5.
If you answered “Yes” to Item Number 4., indicate which of the following apply to you (select all that apply):
Yes
No
Yes
No
I control the enterprise through ownership of at least 50% of the enterprise.
I possess operational control through a managerial position or other corporate device.
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I control the enterprise by other means.
6.
Provide an explanation and supporting documentation for the items you selected in Item Number 5.
7.
Provide the number of U.S. company or organization employees in E status.
Complete Item Numbers 8. - 22. if filing for an employee of an E-2 Treaty Investor.
8.
Does the Treaty Investor develop and direct the investment enterprise?
9.
If you answered “Yes” to Item Number 8., indicate which of the following apply to the Treaty Investor (select all that apply):
The Treaty Investor controls the enterprise through ownership of at least 50% of the enterprise.
The Treaty Investor possesses operational control through a managerial position or other corporate device.
The Treaty Investor controls the enterprise by other means.
10.
Provide an explanation and supporting documentation for the items you selected in Item Number 9. If you need extra space to
complete this section, use the space provided in Part 10. Additional Information.
11.
Provide the following information about the U.S. company or organization:
Number of Executive Employees
12.
Number of Supervisory Employees
Number of Employees having Special Qualifications
Is the principal employer an individual person?
Yes
No
If you answered “Yes” to Item Number 12., then complete Item Numbers 13. and 14. If you answered “No” to Item Number
12., then skip to Item Number 17.
13.
Does the principal employer have the nationality of the treaty country?
Yes
No
14.
Is the principal employer in the United States?
Yes
No
If you answered “Yes” to Item Number 14., then complete Item Number 15. If you answered “No” to Item Number 14., then
skip to Item Number 16.
15.
Is the principal employer maintaining nonimmigrant treaty investor status?
Yes
No
16.
Would the principal employer be classifiable as a treaty investor?
Yes
No
17.
Is the principal employer an enterprise or organization?
Yes
No
18.
Indicate the percentage of ownership by persons having the nationality of the treaty country who are
in the United States and are maintaining treaty investor status.
Form I-129E&TN Edition 10/02/20
Page 18 of 22
Part 3. Information About E-2 Treaty Investor or Employee of an E-2 Treaty Investor (continued)
19.
Indicate the percentage of ownership by persons having the nationality of the treaty country who are
not in the United States and who would be classifiable as treaty investors.
20.
Is this a replacement or an increase in staff? (Select only one box)
Replacement
Increase in Staff
21.
If you indicated that this is a replacement in Item Number 20., provide details regarding the position for which the replacement
is being sought, including, in the case of a worker with special qualifications, any efforts the commercial enterprise has made to
train locally available U.S. workers.
22.
If you indicated that this is a replacement in Item Number 20., indicate the length of time that this
position has existed.
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Part 4. E-2 CNMI (E-2C) Investor
Provide the information requested in Item Numbers 1. - 5. if you are filing as an E-2 CNMI Investor.
1.
If you are applying for an extension as an E-2 CNMI Investor, indicate which of the following applies to you:
I am a long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment
of at least $50,000.
I am a foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least
$100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment.
I am a retiree investor over 55 years of age who was issued a foreign retiree investment certificate based upon a qualifying
investment in an approved residence in the CNMI.
2.
Provide an explanation for the item you selected in Item Number 1.
3.
Have there been any substantive changes to your investments, residence, or employment?
Yes
No
Yes
No
If you answered “Yes” to Item Number 3., provide details including dates the change occurred.
4.
For retiree investors only:
Have you had any employment?
If you answered “Yes” to Item Number 4., provide an explanation including the name of employer, address, contact
information, position, and dates of employment.
5.
Have you departed the CNMI during your current E-2C status?
6.
If you answered “Yes” to Item Number 5., provide a detailed list of all of your trips outside of the CNMI.
7.
Were you in the CNMI on the date you filed this application?
Form I-129E&TN Edition 10/02/20
Yes
No
Yes
No
Page 19 of 22
E-3 Classification Supplement to
Form I-129E&TN
USCIS
Form I-129E&TN
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-xxxx
Expires xx/xx/20xx
Only Australian nationals are eligible as principal applicants for E-3.
1.
Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)
Given Name (First Name)
Middle Name
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2.
Name of Company or Organization
3.
Labor Condition Application (LCA) or Employment and Training Administration (ETA) or ETA Case Number
Requirements for the Offered Position
4.
What level of education is required for the position?
5.
What fields of study would qualify someone for this position?
6.
How many years of experience are required in order to qualify for this position?
7.
What special skills are required in order to qualify for the position?
8.
Describe the proposed duties for the applicant's proffered position. If you need extra space to complete this section, use the
space provided in Part 10. Additional Information or attach an additional sheet of paper.
9.
Describe the applicant's present occupation and summary of prior work experience. If you need extra space to complete this
section, use the space provided in Part 10. Additional Information or attach an additional sheet of paper.
10.
Applicant's Highest Level of Education (Select only one box)
No diploma
Bachelor's degree (for example, BA, AB, BS)
High School Graduate Diploma or the equivalent
(for example, GED)
Master's degree (for example, MA, MS, MEng, MEd, MSW,
MBA)
Some college credit, but less than one year
Professional degree (for example, MD, DDS, DVM, LLB, JD)
One or more years of college, no degree
Doctorate degree (for example, PhD, EdD)
Associate's degree (for example, AA, AS)
11.
Major/Primary Field of Study
Form I-129E&TN Edition 10/02/20
Page 20 of 22
Requirements for the Offered Position (continued)
12.
SOC Code
14.
Will the applicant be assigned to work at an off-site location for all or part of the period for which
E-3 classification is sought?
13.
NAICS Code
Yes
No
Yes
No
If you answered “No” to Item Number 14., you may leave Item Number 15. blank.
15.
Will the applicant be paid the higher of the prevailing or actual wage at any and all off-site locations?
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Statement for E-3 Specialty Occupations
By filing this application, I agree to, and will abide by, the terms of the LCA (or ETA) for the duration of the applicant's authorized
period of stay for E-3 employment. If the applicant is assigned to a position in a new location, I will obtain and post an LCA for that
site prior to reassignment.
I further understand that any required reimbursement will be considered an offset against wages and benefits paid relative to the LCA.
Name of Employer
Signature of Employer
Form I-129E&TN Edition 10/02/20
Date (mm/dd/yyyy)
Page 21 of 22
North American Free Trade Agreement (NAFTA)
Supplement to Form I-129E&TN
Department of Homeland Security
U.S. Citizenship and Immigration Services
1.
OMB No. 1615-xxxx
Expires xx/xx/20xx
Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)
Given Name (First Name)
Middle Name
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2.
Name of Company or Organization
3.
This is a request for status based on (select only one box):
NAFTA, Canada (TN-1)
4.
USCIS
Form I-129E&TN
NAFTA, Mexico (TN-2)
Employer is a (select only one box):
U.S. Employer
Foreign Employer
5.
If Foreign Employer, Name the Foreign Country
6.
Does the applicant intend to establish a business or practice in the U.S. in which he or she will be in
substance self-employed?
Yes
No
7.
Is the applicant the sole or controlling shareholder or owner of the U.S. corporation or entity where
he/she will be employed?
Yes
No
8.
Will the applicant perform business activities for a U.S. corporation or entity (including an individual)
that were not arranged from outside the United States?
Yes
No
9.
If you answered “Yes” to Item Numbers 6., 7., or 8., provide an explanation, including but not limited to the percentage of
ownership.
10.
Will the applicant depart upon completion of the assignment?
Form I-129E&TN Edition 10/02/20
Yes
No
Page 22 of 22
| File Type | application/pdf |
| File Title | Form I-129E&TN, Application for Nonimmigrant Worker: E and TN Classifications |
| Subject | I-129E and TN |
| Author | USCIS |
| File Modified | 2020-09-03 |
| File Created | 2020-08-27 |