Petition for Nonimmigrant Worker: H-1 Classifications

Instructions for Petition for Nonimmigrant Worker
H1 Classifications
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-129H1

OMB No. 1615-xxxx
Expires xx/xx/xxxx

Purpose of Form I-129H1
This petition is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien
beneficiary to come temporarily to the United States as an H-1B or H-1B1 nonimmigrant to perform services or labor in
the following classifications:
1. H-1B - specialty occupation worker; an alien coming to perform services of an exceptional nature that relate to a U.S.
Department of Defense-administered project, or a fashion model of distinguished merit and ability; and
2. Free Trade Nonimmigrants - H-1B1 specialty occupation workers from Chile or Singapore.

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Who May File Form I-129H1

Employers. A U.S. employer may file this petition to classify an alien as an H-1B or H-1B1 nonimmigrant. A U.S.
employer is a person, firm, corporation, contractor, or other association or organization in the United States that:
1. Engages a person to work within the United States;

2. Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may
hire, pay, fire, supervise, or otherwise control the work of any such employee; and
3. Has an Internal Revenue Service tax identification number.

Agents. A U.S. agent may file an H-1B or H-1B1 petition in certain instances. A U.S. individual or company in business
as an agent may file a petition for workers who are traditionally self-employed or use agents to arrange short-term
employment on their behalf with multiple employers, and when a foreign employer authorizes the U.S. agent to act on its
behalf.

General Instructions

USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have internet access, you may order USCIS forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS
Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a
stamped or typewritten name in place of a signature. A legal guardian may also sign for a mentally incompetent person.
If the request is not signed or if the requisite signature on the request is not valid, USCIS will reject the request. See 8
CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request for adjudication and determines that it has a deficient signature,
USCIS will deny the request.
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of the original, handwritten signature
valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink
signature.
Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of
these Instructions.)

Form I-129H1 Instructions xx/xx/20

Evidence. At the time of filing, you must submit all evidence required by statute, regulations and/or these Instructions
with your petition, as applicable. USCIS may reject or deny your petition for failure to submit evidence or supporting
documents in accordance with 8 CFR 103.2(b)(1).
Biometrics Services Appointment for Certain Beneficiaries. After receiving your petition and ensuring completeness,
USCIS may inform you in writing if the beneficiary or beneficiaries must submit biometrics. Failure of a beneficiary to
appear at a biometrics appointment may result in denial of your petition.
Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an application or petition. If USCIS requests an original document from you, it will be returned to you after
USCIS determines it no longer needs your original.

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NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be
immediately destroyed after we receive them.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and
that he or she is competent to translate from the foreign language into English. The certification must also include the
translator's signature, printed name, the signature date, and the translator's contact information.
How to Fill Out Form I-129H1

1. Type or print legibly in black ink.

2. If you need extra space to complete any item within this petition, use the space provided in Part 12. Additional
Information or attach a separate sheet of paper. Type or print the individual petitioner's or the company 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.
3. 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.
4. You should submit a duplicate copy of the petition and all supporting documentation. Failure to do so may result in
delays in processing this petition or in visa processing abroad.

Information About Form I-129H1
Petition Always Required
The H-1B classification always requires a petition. The three types of H-1B Nonimmigrant classifications are described
below.
The evidence listed below for petitions for H-1B or H-1B1 classification and for those petitions seeking a change of status
or extension of stay, as applicable, must be included with a petition for a new or concurrent employment or for an
extension where there is a change in previously approved employment.
However, a petition for extension based on unchanged, previously approved employment may be filed with only the initial
evidence required in the extension of stay instructions.
Naming beneficiaries. The beneficiary must be named.

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Liability for Return Transportation
The Immigration and Nationality Act (INA) makes a petitioner liable for the reasonable cost of return transportation for
an H-1B beneficiary who is dismissed before the end of the period of authorized admission.
H-1B Nonimmigrants (Three Types)
1. The H-1B classification is for beneficiaries coming to the United States temporarily to perform services in a
specialty occupation.
A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized
knowledge to fully perform the occupation and requires the attainment of a bachelor's or higher degree in a specific
specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

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The petition must be filed with:

A. Evidence that a labor condition application (LCA) has been certified by the U.S. Department of Labor (DOL);
B. Evidence showing that the proposed employment qualifies as a specialty occupation;

C. Evidence that the beneficiary has the education, or its equivalent, to qualify for the specialty occupation by
submitting either:
(1) A copy of the beneficiary's U.S. bachelor's or higher degree as required by the specialty occupation;
(2) A copy of the beneficiary's foreign degree and evidence that it is equivalent to a U.S. bachelor's or higher
degree as required by the specific specialty; or
(3) Evidence of the beneficiary's education, specialized training, and/or progressively responsible experience that
is equivalent to completion of a U.S. bachelor's or higher degree in the specialty occupation;
D. Evidence showing that the beneficiary has the experience and/or special skills required for the position, if
applicable;
E. A copy of any required license or other official permission to practice the occupation in the state of intended
employment; and
F. A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed.
If you are filing an H-1B cap petition for a fiscal year that H-1B registration is required, you must provide a valid H-1B
Registration Selection Number for the beneficiary included in this petition, along with a copy of the H-1B Registration
Selection Notice. This evidence requirement is not applicable to H-1B2 petitions.
Off-site Assignment of H-1B Beneficiaries: Petitioners seeking to place the H-1B beneficiary off-site at a location other
than their own location must answer general questions regarding this assignment and petitioners should advise the H-1B
beneficiary of the off-site work placement.
2. The H-1B classification is also for beneficiaries coming to the United States to perform services of an
exceptional nature relating to a cooperative research and development project administered by the U.S.
Department of Defense (DOD).
The petition must be filed with:
A. A description of the proposed employment;
B. Evidence that the services and project meet the above conditions;
C. A statement listing the names of beneficiaries who are currently or have been employed on the project within the
past year, along with their dates of employment;
D. Evidence that the beneficiary holds a bachelor's or higher degree or its equivalent in the field of employment; and
E. A verification letter from the DOD project manager. Details about the specific project are not required.
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3. The H-1B classification is also for beneficiaries of distinguished merit and ability in the field of fashion modeling.
The petitioner must submit evidence that establishes the beneficiary will perform services at events or productions of a
distinguished reputation. Such evidence includes:
A. Documentary evidence (such as certifications, affidavits, and reviews) to establish the beneficiary is a fashion
model of distinguished merit and ability. Any affidavits submitted by present or former employers or recognized
experts must set forth their expertise of the affiant and the manner in which the affiant acquired such information;
and
B. Copies of any written contracts between the petitioner and the beneficiary or, if there is no written agreement, a
summary of the terms of the oral agreement under which the beneficiary will be employed.

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H-1B1 Free Trade Nonimmigrants

The H-1B1 classification is for beneficiaries from Chile or Singapore coming to the United States temporarily to
perform services in a specialty occupation. See the instructions for H-1B nonimmigrants for the definition of
"specialty occupation."
The H-1B1 classification does not require a petition for new employment if the beneficiary is outside the United States.
Use Form I-129H1 when the beneficiary is physically present in the United States and a change of status, concurrent
employment, or an extension of stay is needed.
If requesting an "Extension of Stay," submit evidence, such as a letter describing the continuing employment, as well as
evidence of the beneficiary's continued valid licensing (if required by the profession and/or the state). Also, if this
extension is the 6th consecutive extension requested for this beneficiary, a statement to that effect should be provided.
All Classifications - Change of Status or Extension of Stay

For all H-1B and H-1B1 petitions requesting a change of status or extension of stay for the beneficiary, the petitioner
must include with the petition evidence of the beneficiary's maintenance of status, including but not limited to:
1. A copy of the beneficiary's Form I-94, Nonimmigrant Arrival-Departure Record, passport, travel document, or Form
I-797;
2. Evidence showing that the beneficiary qualifies for the specific classification sought;

3. A copy of the beneficiary's last two pay stubs, most recent W-2, and Internal Revenue Service (IRS) transcripts of the
beneficiary's federal individual income tax return for the three most recent tax years, if applicable; and
4. Evidence the beneficiary continues to meet the licensing requirements for the profession or occupation, if applicable.
The beneficiary's dependent family members (generally, spouses and children under 21 years of age) should use Form
I-539, Application to Change/Extend Nonimmigrant Status, to apply for a change of status or extension of stay.
A nonimmigrant who must have a passport to be admitted generally must maintain a valid passport during his or her entire
stay. If a required passport is not valid, include a full explanation with your application.
The following nonimmigrants are not eligible to change status:
1. An alien admitted under a visa waiver program;
2. An alien in transit (C) or in transit without a visa (TWOV);
3. A crewman (D);
4. A fiancé(e) (K-1) or his or her dependent (K-2);
5. A spouse of a U.S. citizen (K-3) or his or her dependent (K-4);
6. A J-1 exchange visitor who was admitted in J-1 status for the purpose of receiving graduate medical training;

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7. A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement;
and
8. An M-1 student to an H classification, if training received as an M-1 helped him or her qualify for H classification.
Itinerary Requirements for Agent-Petitioners:
1. An agent performing the function of an employer must provide an itinerary of definite employment and information
on any other services planned for the period of time requested.
2. An agent filing a petition as the representative of both the employer and the beneficiary must include a complete
itinerary that specifies the dates of each service or engagement, the names and addresses of the actual employers, and
the names and addresses of the establishments, venues, or locations where the services will be performed.

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General Contract Requirement: All H-1B and H-1B1 petitions must include a copy of any written contract between the
petitioner and beneficiary. If a written contract does not exist, USCIS will accept evidence that summarizes the terms of
the oral agreement under which the beneficiary will be employed.
Specific Contract Requirements for Agent-Petitioners: The type of agent-petitioner scenario determines the type of
contract or summary of the terms of the oral agreement that must be submitted. If the agent:
1. Is performing the function of an employer, then a contractual agreement between the agent and beneficiary that
guarantees the wages and other terms and conditions of the employment is required;
2. Represents multiple employers as the representative of both the employers and the beneficiary, then the contracts or
the summaries of the terms of the oral agreement between each employer and the beneficiary may be required in
questionable cases; and
3. Is filing for a foreign employer, then a contract between the foreign employer and the beneficiary or a summary of the
terms of the oral agreement under which the beneficiary will be employed is required.
Special Instructions for Certain Beneficiaries in the Commonwealth of the Northern Mariana Islands (CNMI)
An alien who was admitted to the CNMI prior to November 28, 2009, may not currently hold a Federal nonimmigrant
classification that permits a change of status. However, in certain situations, a petitioner may request that the beneficiary
be granted initial status in the CNMI. This will allow certain beneficiaries who were present in the CNMI prior to the
transition date and are currently lawfully present in the CNMI in parole status to be granted an initial nonimmigrant status
without having to depart the CNMI.

Specific Instructions

Part 1. Petitioner Information
Item Numbers 1. and 2. If you are an individual or sole proprietor (someone who owns a business, but the business is
not organized as a separate legal entity) filing this petition, you must complete Item Numbers 1. and 2., in addition to
Item Numbers 4. - 17., as applicable.
Item Number 3. Petitioning Company or Organization Name. If you are a company or an organization filing this
application, provide the name of your company or organization.
Item Number 4. Trade Name or "Doing Business As" Name. If you are a company or an organization that is known
by a different name than the one you provided in Item Number 3., provide your trade name or "doing business as" name.
Item Number 6. Primary U.S. Office Address of Petitioner. Provide the address of the petitioner's primary office
within the United States. The primary U.S. office address must not be the address of petitioner's outside counsel or
clients. Petitions filed with an address that is not the petitioner's U.S. office address may be rejected or denied. The
location of your primary office may determine where the petition must be filed.
Item Numbers 7. - 8. Mailing Address. Provide the petitioner's mailing address, if different from the Primary U.S.
Office Address.
Form I-129H1 Instructions xx/xx/20

Item Numbers 9. - 11. Petitioner's Contact Information. Provide the petitioner's contact information.
Item Numbers 12. - 14. Tax Payer Identification Numbers. Provide an Employer Identification Number (EIN),
Individual Taxpayer Identification Number (ITIN), and/or U.S. Social Security Number (SSN). Individual employers and
sole proprietors must provide a U.S. Social Security Number.
Item Numbers 15. - 17. E-Verify Information. If the petitioner participates in E-Verify and will complete Form I-9 for
alien beneficiaries to perform services or labor, or to receive training, provide the petitioner's E-Verify Company
Identification Number or Client Company Identification Number. E-Verify is an internet-based system that compares
information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records
available to Department of Homeland Security (DHS) and the Social Security Administration to confirm employment
eligibility. The E-Verify company Identification Number, which consists of four to seven numerical characters, is located
on each page of the memorandum of understanding directly below the E-Verify logo. The E-Verify Contact Center is
available to assist you if you have additional questions by emailing E-Verify@dhs.gov.

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Part 2. Information About This Petition

Item Number 1. Requested Nonimmigrant Classification. Select the box that indicates the H-1B classification you
seek.
Item Number 2. H-1B Beneficiary Confirmation Number. If you are filing an H-1B cap petition for a fiscal year that
H-1B registration is required, you must provide a valid H-1B Beneficiary Confirmation Number for the beneficiary
included in this petition, along with a copy of the H-1B Registration Selection Notice. NOTE: This evidence
requirement is not applicable to H-1B2 petitions.
Item Number 3. Sixth or Subsequent Free Trade, Chile, or Singapore (H-1B1) Request. If you are filing for a Free
Trade beneficiary from Chile or Singapore, indicate whether this is your sixth or subsequent request.
Item Number 4. Basis for Classification. Select only one of the following options.
Item A. New employment. Select this box if the beneficiary:
1. Is outside the United States and holds no classification;

2. Will begin employment in the United States for a new employer in a different nonimmigrant classification than the
beneficiary currently holds; or
3. Will work for the same employer but in a different nonimmigrant classification.

NOTE: Do not select this box if the beneficiary will work for the same employer in the same classification, but there
is a material change in the terms and conditions of employment, training, or the beneficiary's eligibility as specified in
the original approved petition. Select Item F. Amended Petition, instead.
Item B. Continuation of previously approved employment without change with the same employer. Select this box
if you are applying to continue the employment of the beneficiary in the same nonimmigrant classification the beneficiary
currently holds and there has been no change to the employment.
Item C. Change in previously approved employment. Select this box if you are notifying USCIS of a non-material
change to the previously approved employment, such as a change in job title without a material change in job duties.
Item D. New concurrent employment. Select this box if you are applying for a beneficiary to begin new employment
with an additional employer in the same nonimmigrant classification the beneficiary currently holds while the beneficiary
will continue working for his or her current employer in the same classification.
Item E. Change of employer for a beneficiation already in the required classification. Select this box if you are
applying for a beneficiary to begin employment working for a new employer in the same nonimmigrant classification that
the beneficiary currently holds.
Item F. Amended petition. Select this box if you are applying to notify USCIS of a material change in the terms or
conditions of employment, training, or the beneficiary's eligibility as specified in the original approved petition.
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Item Number 5. Receipt Number. Provide the receipt number for the most recently filed petition or application
submitted to USCIS for this beneficiary.
Item Number 6. Requested Action. The following information explains the actions petitioners/employers may request
on their petition. Select only one action.
Item A. Notify the office in Part 4. so the beneficiary can apply for and obtain a visa or be admitted, if eligible.
Select this box if the beneficiary is outside of the United States, or, if the beneficiary is currently in the United States, but
he or she will leave the United States to obtain a visa/admission abroad.
Item B. Change the status and extend the stay of the beneficiary because the beneiciary is now in the United States
in another status. Select this box if the beneficiary is currently in the United States in a different nonimmigrant
classification and is applying to change to a new nonimmigrant status.

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Item C. Extend the stay of the beneficiary because the beneficiary now holds this status. Select this box if the
beneficiary is currently in the United States in a nonimmigrant classification and is requesting an extension of his or her
stay in the same nonimmigrant classification.
Item D. Amend the stay of the beneficiary because the beneficiary now holds this status. Select this box if the
beneficiary is currently in the United States in the same nonimmigrant classification and you are notifying USCIS of any
material changes in the terms and conditions of employment, training, or the beneficiary's eligibility as specified in the
original approved petition, but you are not seeking a change in previously approved validity dates.
Part 3. Beneficiary Information

Item Numbers 1. - 9. Provide the information requested about the beneficiary for whom you are filing.

Item Number 11. Form I-94, Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS
issued the beneficiary a Form I-94, Arrival-Departure Record, provide his or her Form I-94 number and date that his or
her authorized period of stay expires or expired (as shown on his or her Form I-94). The Form I-94 number also is known
as the Departure Number on some versions of Form I-94.
NOTE: If the beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP
may have issued him or her an electronic Form I-94 instead of a paper Form I-94. The beneficiary may visit the CBP
website at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this
service. Some travelers admitted to the United States at a land border, airport, or seaport after April 30, 2013, with a
passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form
I-94 from the CBP website without charge. If the beneficiary cannot obtain their Form I-94 from the CBP website, it may
be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with
USCIS. USCIS does charge a fee for this service. See the USCIS website at www.uscis.gov/I-102 for more information.
You may file the beneficiary's Form I-102 together with your Form I-129H1.
Passport and Travel Document Numbers. If the beneficiary used a passport or travel document to travel to the United
States, enter either the passport or travel document information in the appropriate space on the petition, even if the
passport or travel document is currently expired.
Item Number 13. Beneficiary's Current U.S. Residential Address. You must provide the beneficiary's current address
if the beneficiary is in the United States. USCIS will use this address, unless otherwise updated through the AR-11
process, to notify the beneficiary if USCIS denies a request to change status or extend stay submitted on Form I-129H1.
Part 4. Information About The Beneficiary's Public Benefits
On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v.
DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from
enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule
(“Public Charge Final Rule”) for any period during which there is a declared national health emergency in response to the
COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule
correction). Subsequently, on August 12, 2020, the U.S. Court of Appeals for the Second Circuit, in State of New York, et
al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, granted an administrative stay of the July 29, 2020
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nationwide injunction in all states outside of the Second Circuit, i.e. all states except New York, Connecticut, and
Vermont. This stay allows DHS to continue implementing the Public Charge Final Rule everywhere except in New York,
Connecticut, and Vermont.
During the injunction, petitioners requesting an extension of stay or changes of status using Form I-129H1 on behalf of a
beneficiary using Form I-129H1, in which the petitioner/employer has a physical address or in which the beneficiary
physically resides in New York, Connecticut, or Vermont, should not provide information requested in Part 4.
Information About The Beneficiary's Public Benefits.
In general, a condition of the approval of a request to extend the beneficiary's stay or change the beneficiary's status is that
the beneficiary must demonstrate that, since obtaining the nonimmigrant status that you seek to extend or from which you
seek to change on behalf of the beneficiary, he or she has not received one or more public benefits as set forth in
8 CFR 212.21(b) (and listed below), for more than 12 months in the aggregate within any 36-month period (such that, for
instance, receipt of two benefits in one month counts as two months). This condition only applies to beneficiaries who are
seeking to change status or extend their stay in the United States. Therefore, you only have to complete the information in
Part 4. if you are also requesting an extension of the beneficiary's stay in the United States or a change of the
beneficiary's status with this petition. If you are filing this petition without a request for the beneficiary's change of status
or extension of stay, you may skip Part 4.

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Item Number 1. Public Benefits. Provide the information requested about the beneficiary's receipt or the beneficiary's
current certification for receipt of public benefits, as defined in 8 CFR 212.21(b) (and which are listed below), unless the
nonimmigrant classification you are seeking for the beneficiary is exempt from the public charge inadmissibility ground
under INA 212(a)(4). Provide the requested information and documentation.
Item Number 2. You must provide information about all public benefits as defined in 8 CFR 212.21(b) (and which are
listed below) received by the beneficiary in his or her current nonimmigrant status regardless of how long the beneficiary
has received the public benefit, or the beneficiary's current certification for receipt of public benefits. USCIS will
calculate the duration of each public benefit to be considered. If the beneficiary received public benefits intermittently
throughout the year, provide each instance separately. For example, if the beneficiary received Supplemental Nutrition
Assistance Program (SNAP) from January to February and June to December, list the information separately. If you
require additional space, use the space provided in Part 12. Additional Information.
Receipt means when a benefit-granting agency provides a public benefit to the beneficiary whether in the form of cash,
voucher, services, or insurance coverage. Only the public benefits received by or attributable to the beneficiary will be
considered.
Indicate whether the beneficiary has received or been certified to receive the following public benefits, since having
obtained the nonimmigrant status that you seek to extend or that you seek to change on behalf of the beneficiary. You
need to respond even if the beneficiary falls within one of the categories of individuals for whom receipt of public benefits
will not be considered - see table below for evidence that must be provided to document that the beneficiary qualifies for
the exclusion):
•

Any Federal, state, local, or tribal cash assistance for income maintenance;

•

Supplemental Security Income (SSI);

•

Temporary Assistance for Needy Families (TANF);

•

Federal, state or local cash benefit programs for income maintenance (often called "General Assistance" in the
state context, but which may exist under other names);

•

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.; and

•

Federally-Funded Medicaid.

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NOTE: You need only to report public benefits received by the beneficiary on or after October 15, 2019 but not any received by the
beneficiary before October 15, 2019.
If the beneficiary has not received any of the public benefits listed above, please select that option.
If the beneficiary is currently not certified to receive any of the public benefits listed above, please select that option.
If the beneficiary has received or is certified to receive the public benefits but requested disenrollment, please provide, in
addition to providing the information about any exclusions below, evidence of the disenrollment or the request to disenroll
if the public benefit-granting agency has not processed the request.
Unless the beneficiary qualifies for certain exclusions listed in the table below, the beneficiary is ineligible for extension
of stay and change of status if the beneficiary has received, since obtaining the nonimmigrant status that you seek to
extend or which you seek to change on behalf of the beneficiary, the public benefits listed above for more than 12 months
in the aggregate within any 36-month period (such that, for instance, receipt of two public benefits in one month counts as
two months).

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The following is a list of exclusions from the public benefit considerations listed above. If the beneficiary belongs to one
of the following categories, submit the evidence listed for the applicable categories.
Exclusion

U.S. Armed Forces Service
Members

Description

Evidence you must submit for the
beneficiary to qualify for exclusion
(as applicable)

At the time the public benefit was
received or at the time you file the Form
I-129, or at time of adjudication of the
I-129, the beneficiary is:

•

Service Members: Certified evidence of
alien's enlistment/service issued by the
authorizing official of the executive
department in which service member is
serving.

•

Spouses and Children of Service
Members: Copy of Form DD-1173,
United States Uniformed Services
Identification and Privilege Card
(Dependent).

•

A statement with information regarding
the "emergency medical condition"
determination (if applicable);

•

Documentation of payments under the
IDEA or school-based service; or

•

Pregnancy verification letter from
medical professional including estimated
duration of pregnancy.

•

Federally-funded Medicaid

An alien enlisted in the U.S. Armed
Forces, serving in active duty or in
the Ready Reserve component of
the U.S. Armed Forces;

•

The spouse or child of the service
member (listed above); or

•

The spouse or child of an individual
enlisted in the U.S. Armed Forces,
or serving in active duty or in the
Ready Reserve component of the
U.S. Armed Forces.

•

Receipt by an alien child under 21
years of age;

•

The recipient of Medicaid
payment(s) for a an "emergency
medical condition";

•

The receipt of Medicaid for services
provided under the Individuals with
Disabilities Education Act (IDEA);
or

•

Receipt during pregnancy and
during the 60-day period after the
last day of the pregnancy.

Form I-129H1 Instructions xx/xx/20

Exclusion

Description

Children Who Will
Naturalize under INA 322

•

Evidence you must submit for the
beneficiary to qualify for exclusion
(as applicable)

Child currently residing abroad who •
entered the United States with a
nonimmigrant visa to attend
N-600K, Application for Citizenship
and Issuance of Certificate Under
INA Section 322 interview.

A copy of N-600K interview notice.

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Public Benefits While in
Immigration Category
Exempt from Public Charge

•

Received public benefits while in a
category that is exempt from public
charge inadmissibility; or

•

Received public benefits while in a
category for which the applicant
had received a waiver for pulic
charge inamissibility.

Information that evidences the applicant's
status or that the applicant received a waiver
for the public charge ground of
inadmissibility, such as:
•
•

Approval notice (Form I-797, Notice of
Action); or
Form I-94, Arrival/Departure Record.

Documentation

If the beneficiary has received or is currently certified to receive, any of the public benefits listed above, submit evidence
in the form of a letter, notice, certification, or other agency documents that contain the following:
1. Beneficiary's name;

2. Name and contact information for the public benefit granting agency;
3. Type of public benefit;

4. Date the beneficiary started receiving the public benefit or, if certified, date the beneficiary will start receiving the
public benefit; and
5. Date the benefit or coverage ended or expires (mm/dd/yyyy).

If the beneficiary has received or is currently certified to receive public benefits, please indicate whether an exclusion
applies to the beneficiary in Item Number 3., and provide the evidence listed in the chart above to demonstrate why the
benefit should not be considered.
Part 6. Basic Information About the Proposed Employment and Employer
Item Number 2. Labor Condition Application ETA Case Number. This should match the case number listed on the
ETA Form 9035, Labor Condition Application for Nonimmigrant Workers submitted with this petition.
Item Number 3. SOC Code. This is the Standard Occupational Classification (SOC) code. You can obtain the SOC
codes from DOL, Bureau of Labor Statistics at www.bls.gov/soc. Type or print the code from left to right, one digit in
each of the six boxes.
Item Number 4. NAICS Code. This is the North American Industry Classification System (NAICS) Code. This code
can be obtained from the U.S. Department of Commerce, Census Bureau (www.census.gov/epcd/www/naics.htm).
Enter the code from left to right, one digit in each of the six boxes. If you use a code with fewer than six digits, enter the
code left to right and then add zeros in the remaining unoccupied boxes.
For example, the code sequence 33466 would be entered as: [Each number inside a separate box]
For example, the code sequence 5133 would be entered as: [Each number inside a separate box]
Item Number 23. Select all of the checkboxes that apply.
Form I-129H1 Instructions xx/xx/20

Item A. Recapture time. This is time the beneficiary spent outside the United States or in a nonimmigrant status other
than H-1B, H-2, H-3, or L-1, since first obtaining H-1B status for this cap-subject period and for purposes of calculating
the beneficiary's 6-year period of authorized admission.
Item B. 3-year Per-Country Limitations Exemption. This is an exemption under 8 CFR 214.2(h)(13)(iii)(E) to the 6year maximum period of H-1B admission. A beneficiary may receive this exemption if they are:
1. The beneficiary of an approved immigrant petition granted under INA section 203(b)(1),(2), or (3); and
2. Eligible to be granted immigrant status but for application of the per country limitations.
Item C. 1-year Lengthy Adjudication Delay Exemption. This is an exemption under 8 CFR 214.2(h)(13)(iii)(D) to the
6-year maximum period of H-1B admission. A beneficiary may receive an extension in one-year increments beyond the
maximum period of H-1B admission, if at least 365 days have passed since:

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1. The filing of a permanent labor certification with the Department of Labor for the purpose of filing an immigrant visa
petition under INA section 203(b); or
2. The filing of an immigrant visa petition (Form I-140) with USCIS under INA section 203(b).

The extension can be approved for up to one year until the approved permanent labor certification expires or a final
decision has been made to:
A. Deny the application for permanent labor certification, or, if approved, revoke or invalidate;
B. Deny the immigrant visa petition, or, if approved, revoke;

C. Deny or approve the beneficiary's application for an immigrant visa or application to adjust status to lawful
permanent residence; or
D. Administratively or otherwise close the application for permanent labor certification, immigrant visa petition, or
application to adjust status.
A beneficiary is not eligible for further extensions if the beneficiary fails to file an adjustment of status application or
apply for an immigrant visa within one year of an immigrant visa being authorized for issuance based on their preference
category and country of chargeability.
Item D. A time limit exemption because the beneficiary did not reside continually in the United States and the
beneficiary's employment was intermittent, seasonal, or for an aggregate of six months or less per year.
Part 7. H-1B and H-1B1 Data Collection and Filing Fee Exemption Information
All H-1B and H-1B1 petitioners must fill out Part 7. of Form I-129H1.
This part contains four sections and:

1. Collects additional information about the H-1B or H-1B1 employer and beneficiary; and
2. Determines the appropriate American Competitiveness and Workforce Improvement Act (ACWIA) fee. The ACWIA
Fee is a training fee meant to fund the training of U.S. workers. But if the employer has 25 or fewer full-time
employees, they must pay only one-half of the required fee at INA section 214(c)(9)(B). This part also helps to
determine whether the beneficiary is subject to the H-1B numerical limitation (also known as the H-1B Cap). Please
note that the ACWIA fee may not be assessed to the beneficiary.
Who is required to provide the information requested in Part 7.?
All petitioners seeking to classify a beneficiary as an H-1B or H-1B1 Free Trade Nonimmigrant worker must provide the
information requested in Part 7. and submit the appropriate fees with the Form I-129H1 petition. (See the What is the
Filing Fee section of these Instructions for more information about the appropriate fee.)
Section 1. General Information
All petitioners who seek to classify a beneficiary as an H-1B or H-1B1 free trade nonimmigrant worker must answer Item
Form I-129H1 Instructions xx/xx/20

Numbers 1. - 8. in Section 1., General Information. Guidance on how to answer these questions follows.
Item Number 1. H-1B dependent employer. An "H-1B dependent employer" is an employer that:
1. Has 25 or fewer full-time-equivalent employees who are employed in the United States and employs more than 7
H-1B nonimmigrants;
2. Has at least 26 but not more than 50 full-time-equivalent employees who are employed in the United States and
employs more than 12 H-1B nonimmigrants; or
3. Has at least 51 full-time equivalent employees who are employed in the United States and employs H-1B
nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time-equivalent employees.

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Item Number 2. Willful violators. A willful violator is an employer whom the U.S. Secretary of Labor has found, after
notice and opportunity for a hearing, to have willfully failed to meet a condition of the labor condition application
described in INA section 212(n).
Item Numbers 3. - 4. Exempt H-1B nonimmigrant. An "exempt H-1B nonimmigrant" is an H-1B nonimmigrant who:
1. Receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or
2. Has attained a master's degree or higher (or its equivalent) in a specialty related to the intended employment.
Item Number 5. Rate of Pay Per Year. The "rate of pay'' is the salary or wages paid to the beneficiary. Salary or
wages must be expressed in an annual full-time amount and do not include non-cash compensation or benefits. For
example, an H-1B worker is to be paid $6,500 per month for a 4-month period and also provided separately a health
benefits package and transportation during the 4-month period. The yearly rate of pay if he or she were working for a full
year would be 12 times the monthly rate, or $78,000. This amount does not include health benefits or transportation costs.
The figure $78,000 should be entered on this petition as the rate of pay.
Item Numbers 6. - 7. If your response to both Item Numbers 6. and 7. is "Yes," you must pay the $4,000 fee mandated
by Public Law 114-113, unless you are filing an amended petition without an extension of stay request. Public Law
114-113 requires all petitioners who employ 50 or more employees in the United States to submit an additional fee of
$4,000 for all H-1B petitions if more than 50 percent of the petitioner's employees, in the aggregate, are in H-1B, L-1A, or
L-1B nonimmigrant status, except when filing an amended petition without an extension of stay request. These fees,
when applicable, may not be waived. You must include payment of the fees with your submission of this petition.
Failure to submit the fees when required will result in rejection or denial of your submission. Each of these fees should be
paid by separate checks or money orders.
Item Number 8. Beneficiary's Highest Level of Education. Select the box that most closely reflects the highest level
of formal education the beneficiary has attained.
Item Number 9. Major/Primary Field of Study. Use the beneficiary's degree transcripts to determine the primary field
of study. DO NOT consider work experience to determine the beneficiary's major field of study.
Section 2. Fee Exemption and/or Determination
Petitioners for both H-1B and H-1B1 classifications must complete Item Numbers 10. - 18. to determine whether they
must pay the ACWIA fee. This fee is either $1,500 or $750, depending on the number of workers the petitioner employs.
The petitioner is exempt from payment of the ACWIA fee if at least one of the following conditions apply:
1. The employer is a U.S. institution of higher education as defined in the Higher Education Act of 1965, section 101(a),
20 U.S.C. 1001(a);
2. The employer is a nonprofit organization or entity related to, or affiliated with a U.S. institution of higher education as
defined in 20 U.S.C. 1001(a). Such nonprofit organizations or entities include, but are not limited to, hospitals and
medical research institutions;
"Related to" or "affiliated with" means the entity is:
Form I-129H1 Instructions xx/xx/20

A. Connected to or associated with the institution of higher education through shared ownership or control by the
same board or federation;
B. Operated by the institution of higher education;
C. Attached to the institution of higher education as a member, branch, cooperative, or subsidiary; or
D. A nonprofit entity that has entered into a formal written affiliation agreement with an institution of higher
education that establishes an active working relationship between the nonprofit entity and the institution of higher
education for the purposes of research or education, and a fundamental activity of the nonprofit entity is to
directly contribute to the research or education mission of the institution of higher education.
3. The employer is a nonprofit research organization or governmental research organization that is primarily engaged in
basic research and/or applied research;

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NOTE: The term "governmental research organization" is defined at 8 CFR 214.2(h)(19)(iii)(C) as "a federal, state,
or local entity whose primary mission is the performance or promotion of basic research and/or applied research."
"Nonprofit organization or entity" means the organization or entity is:

A. Defined as a tax-exempt organization under the Internal Revenue Code of 1986, section 501(c)(3), (c)(4), or (c)(6)
(codified at 26 U.S.C. 501(c)(3), (c)(4), or (c)(6)); and
B. Has been approved as a tax-exempt organization for research or educational purposes by the Internal Revenue
Service.
4. This petition is the second or subsequent request for an extension of stay filed by the employer regardless of when the
first extension of stay was filed or whether the $1,500 or $750 filing fee was paid on the initial petition or the first
extension of stay;
5. This petition is an amended petition (filed by the same employer or a successor-in-interest) that does not contain any
requests for extension of stay;
6. This petition is being filed to correct a USCIS error;

7. The employer is a primary or secondary education institution; or

8. The employer is a nonprofit entity which engages in an established curriculum-related clinical training for students
registered at the institution of higher education.
What evidence is required under Section 2.?

Petitioners claiming an exemption from the $1,500 or $750 filing fee must submit evidence showing the organization or
entity is exempt from the filing fee.
Section 3. Numerical Limitation Information
All petitioners must complete Item Numbers 19. - 22. to determine whether the beneficiary is subject to the H-1B or
H-1B1 numerical limitations.
Item Number 22. If claiming an exemption from the H-1B numerical limitation, select the reasons this petition is exempt
from the numerical limitation for H-1B classification.
Item A. The employer is a U.S. institution of higher education as defined in section 101(a) of the Higher Education Act
of 1965, 20 U.S.C. 1001(a).
Item B. The employer is a nonprofit entity related to or affiliated with an institution of higher education as defined in 8
CFR 214.2(h)(8)(ii)(F)(2).
Item C. The employer is a nonprofit research organization or governmental research organization that is primarily
engaged in basic research and/or applied research as defined in 8 CFR 214.2(h)(8)(ii)(F)(3).
Form I-129H1 Instructions xx/xx/20

NOTE: To determine if you qualify for exemption from the H-1B cap as an institution of higher education, nonprofit
entity related to or affiliated with an institution of higher education, nonprofit research organization or governmental
research organization, please refer to the definitions of those terms in Section 2. above.
Item D. The beneficiary will spend the majority of his or her work time performing job duties at a qualifying institution,
organization, or entity and those job duties directly and predominantly further the essential purpose, mission, objectives,
or functions of the qualifying institution, organization, or entity, namely, either higher education, nonprofit research, or
governmental research.
NOTE: The burden is on the H-1B petitioner to establish that there is a nexus between the duties to be performed by the
H-1B beneficiary and the essential purpose, mission, objectives or functions of the qualifying institution, organization, or
entity.

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Item E. The beneficiary is currently employed at a cap-exempt institution, entity, or organization and you seek to
concurrently employ the H-1B beneficiary.
Item F. The beneficiary is a J-1 nonimmigrant physician who has received a waiver based on INA section 214(l).
Item G. The beneficiary of this petition has been counted against the regular H-1B cap or masters cap exemption.
1. This petition is an amended petition without an extension of stay request;

2. You are applying to extend or obtain H-1B classification for time remaining (including through recapture) on the
beneficiary's full period of authorized admission; or
3. You are seeking an extension beyond the 6-year period of authorized admission limitation based on the lengthy
adjudication delay exemption at 8 CFR 214.2(h)(13)(iii)(D) or the per-country limitation exemption at 8 CFR
214.2(h)(13)(iii)(E); or
Item H. The petitioner is an employer eligible for the Guam-CNMI cap exemption pursuant to Public Law 115-218.
NOTE: Public Law 115-218 provides that nonimmigrant workers admitted to Guam or CNMI are exempt from the
statutory caps for the H visa programs through December 31, 2029.
Section 4. Off-Site Assignment of H-1B Beneficiaries

Item Number 23. If you answered "Yes" to this item number, you must also answer Item Numbers 24. - 25. in this
section.
Part 8. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the
United States
U.S. Export Controls on Release of Controlled Technology or Technical Data to Foreign Persons. The Export
Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (ITAR)
(22 CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S. Government before releasing
to foreign persons in the United States controlled technology or technical data. Under both the EAR and the ITAR,
release of controlled technology or technical data to foreign persons in the United States--even by an employer--is deemed
to be an export to that person's country or countries of nationality. One implication of this rule is that a U.S. company
must seek and receive a license from the U.S. Government before it releases controlled technology or technical data to its
nonimmigrant workers employed as H-1B or H-1B1 beneficiaries.
Requirement to Certify Compliance with U.S. Export Control Regulations. The U.S. Government requires each
company or other entity that files Form I-129H1 to certify that to the best of its knowledge at the time of filing it has
reviewed the EAR and the ITAR and determined whether it will require a U.S. Government export license to release
controlled technology or technical data to the beneficiary.
If an export license is required, the company or other entity must further certify that it will not release or otherwise
provide access to controlled technology or technical data to the beneficiary until it has received the required authorization
from the U.S. Government.
The petitioner must indicate whether or not a license is required in Part 8. Certification Regarding the Release of
Form I-129H1 Instructions xx/xx/20

Controlled Technology or Technical Data to Foreign Persons in the United States of Form I-129H1.
Controlled Technology and Technical Data. The licensing requirements described above will affect only a small
percentage of petitioners because most types of technology are not controlled for export or release to foreign persons. The
technology and technical data that are, however, controlled for release to foreign persons are identified on the EAR's
Commerce Control List (CCL) and the ITAR's U.S. Munitions List (USML). The CCL is found at 15 CFF Part 774,
Supp. 1. See https://www.bis.doc.gov/index.php/regulations/commerce-control-list-ccl. The USML is at 22 CFR
121.1. See https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_itar_landing. The EAR-controlled
technology on the CCL generally pertains to that which is for the production, development, or use of what are generally
known as "dual-use" items. The ITAR-controlled technical data on the USML generally pertains to that which is directly
related to defense articles.

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The U.S. Department of Commerce's Bureau of Industry and Security administers the CCL and is responsible for issuing
licenses for the release to foreign persons of technology controlled under the EAR. The U.S. Department of State's
Directorate of Defense Trade Controls (DDTC) administers the USML and is responsible for issuing licenses for the
release to foreign persons of technical data controlled under the ITAR. Information about the EAR and how to apply for a
license from BIS are at www.bis.doc.gov. Specific information about EAR's requirements pertaining to the release of
controlled technology to foreign persons is at https://www.bis.doc.gov/index.php/policy-guidance/deemed-exports.
Information about the ITAR and how to apply for a license from DDTC are at www.pmddtc.state.gov.
Part 9. Statement, Contact Information, Certification, and Signature of the Petitioner or Authorized Signatory
Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter assist you.
If someone assisted you in completing the petition, select the box indicating that you used a preparer. Further, you must
sign and date your petition. If Part 9. is being completed by an authorized signatory, then the authorized signatory must
provide his or her daytime telephone number, mobile telephone number (if any), and email address (if any). Every
petition MUST contain the signature of the petitioner (or parent or legal guardian, if applicable) or authorized signatory.
A stamped or typewritten name in place of a signature is not acceptable.
Part 10. Interpreter's Contact Information, Certification, and Signature

If you used anyone as an interpreter to read the Instructions and questions on this petition to you in a language in which
you are fluent, the interpreter must fill out this section; provide his or her name, the name and address of his or her
business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and
his or her email address (if any). The interpreter must sign and date the petition.
Part 11. Contact Information, Declaration, and Signature of Person Preparing this Petition, If Other Than
Petitioner or Authorized Signatory
This section must contain the signature of the person who completed your petition, if other than you, the petitioner or
authorized signatory. If the same individual acted as your interpreter and your preparer, that person should complete both
Part 10. and Part 11. If the person who completed this petition is associated with a business or organization, that person
should complete the business or organization name and address information. Anyone who helped you complete this
petition MUST sign and date the petition. A stamped or typewritten name in place of a signature is not acceptable. If the
person who helped you prepare your petition is an attorney or accredited representative, he or she may also need to submit
a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or Form G-28I, Notice
of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your
petition.

We recommend that you print or save a copy of your completed petition to review in the future and for
your records.

Form I-129H1 Instructions xx/xx/20

What is the Filing Fee?
The filing fee for Form I-129H1 is $555.
NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH.
You must submit all fees in the exact amounts. USCIS will reject or deny your Form I-129H1 if you fail to submit
required fees when you submit your application. You should pay the filing fee and each additional fee with separate
checks or money orders.
American Competitiveness and Workforce Improvement Act (ACWIA) Fee

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A petitioner filing Form I-129H1 for an H-1B nonimmigrant or for a Chile or Singapore H-1B1 Free Trade Nonimmigrant
must submit the $555 petition filing fee. An additional fee of either $1,500 or $750 must also be submitted, unless the
petition is exempt. To determine if the petition is exempt or if an ACWIA fee must be paid, complete Part 7., Section 2.
Fee Exemption and/or Determination.
A petitioner filing Form I-129H1 who is required to pay the ACWIA 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 ACWIA fee and one for the
petition fee.
Fraud Prevention and Detection Fee

A petitioner seeking initial approval of H-1B nonimmigrant status for a beneficiary, or seeking approval to employ an
H-1B nonimmigrant currently working for another petitioner, must submit a $500 Fraud Prevention and Detection fee.
Petitioners filing for H-1B1 Chile or Singapore Free Trade Nonimmigrants do not have to pay the Fraud Prevention and
Detection fee.
Public Law 114-113 Fee

All petitioners who employ 50 or more employees in the United States must submit an additional fee of $4,000 mandated
by Public Law 114-113 for all H-1B petitions if more than 50 percent of the petitioner's employees, in the aggregate, are
in H-1B, L-1A, or L-1B nonimmigrant status, except when filing an amended petition without an extension of stay
request.
NOTE: USCIS will reject or deny your Form I-129H1 if you fail to submit required fees when you submit your petition.
You should pay the filing fee and each additional fee, as applicable, with separate checks or money orders. USCIS cannot
waive the Fraud Prevention and Detection fee, the Public Law 114-113 fee, or the ACWIA fee.
Payments by Checks or Money Orders

Use the following guidelines when you prepare your checks or money orders for the Form I-129H1 filing fee and
additional fees:
1. The checks or money orders must be drawn on a bank or other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the checks or money orders payable to U.S. Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."
Notice to Those Paying by Check. If you send USCIS a check, we will convert it into an electronic funds transfer
(EFT). This means we will copy your check and use the account information on it to electronically debit your account for
the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your
regular account statement.
You may not receive your original check back. We may destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your
check is returned as unpayable, we will reject your petition.

Form I-129H1 Instructions xx/xx/20

How To Check If the Fees Are Correct
Form I-129H1's filing fee and additional fees are current as of the edition date in the lower left corner of this page.
However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps
below.
1. Visit the USCIS website at www.uscis.gov, select "FORMS," and check the appropriate fee; or
2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a
live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf
or hard of hearing) call: 1-800-767-1833.

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When To File

Generally, a Form I-129H1 petition may not be filed more than six months prior to the date employment is scheduled to
begin. Petitioners should review the appropriate regulatory provisions in 8 CFR that relate to the nonimmigrant
classification sought.

Where To File

Please see our website at www.uscis.gov/I-129H1 or visit the USCIS Contact Center at www.uscis.gov/contactcenter to
connect with a USCIS representative for the most current information about where to file this petition. Petitions filed in
the incorrect location may be rejected or denied. The USCIS Contact Center provides information in English and
Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.

Premium Processing

Form I-129H1 may be eligible for Premium Processing. To determine if your petition is eligible for Premium Processing,
visit the USCIS website at www.uscis.gov/forms/how-do-i-use-premium-processing-service. If your Form I-129H1 is
eligible for and you are requesting Premium Processing Services, you must also file Form I-907, Request for Premium
Processing Service. If eligible, send Form I-129H1 and Form I-907 together according to the filing instructions for Form
I-907. Please see our website at www.uscis.gov/I-907.

Address Change

A petitioner or beneficiary who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of
moving from his or her previous residence. USCIS will use the most recent address to notify the beneficiary that a
petition requesting an extension of stay or change of status has been denied. For information on filing a change of
address, go to the USCIS website at www.uscis.gov/addresschange or reach out to the USCIS Contact Center at
www.uscis.gov/contactcenter for help. The USCIS Contact Center provides information in English and Spanish. For
TTY (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not
process change of address requests.
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill
out this petition, you will not establish a basis for your eligibility and USCIS may reject or deny your petition.

Form I-129H1 Instructions xx/xx/20

Processing Information
Requests for More Information. USCIS may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. If we request an original
document from you, it will be returned to you after USCIS determines it no longer needs your original.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At
the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to
verify your identity and/or update background and security checks.
Decision. The decision on Form I-129H1 involves a determination of whether you have established eligibility for the
immigration benefit you are seeking. USCIS will notify you of the decision in writing.

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A petition that is not properly filed may be rejected. A petition is not considered properly filed until accepted by USCIS.
Some reasons a petition may be rejected include that it is not properly signed, is not accompanied by the correct fee, or
was not properly filed with the correct Service Center. If rejected, USCIS will return the petition along with a notice that
identifies the basis for rejection. You may correct the deficiency and resubmit the petition, in most circumstances.

USCIS Forms and Instructions

To ensure you are using the latest version of this petition, visit the USCIS website at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS
forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in
English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at
www.uscis.gov. Select "Tools," then under "Self Service Tools," select "Make an Appointment" and follow the screen
prompts to set up your appointment. Once you finish scheduling an appointment, the system will generate an appointment
notice for you.

Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129H1, we
will deny your Form I-129H1 and may deny any other immigration benefit. In addition, you will face severe penalties
provided by law and may be subject to criminal prosecution.

USCIS Compliance Review and Monitoring
By signing this petition, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and
documentation submitted with this petition are complete, true, and correct. You also authorize the release of any
information from your records that USCIS may need to determine your eligibility for the immigration benefit you are
seeking and consent to USCIS verifying such information.
The Department of Homeland Security (DHS) has the authority to verify any information you submit to establish
eligibility for the immigration benefit you are seeking at any time. USCIS' legal authority to verify this information is in 8
U.S.C. sections 1103, 1155, and 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable
laws and authorities, USCIS may verify information before or after your case is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact
through written correspondence, the internet, fax, other electronic transmission, or telephone; unannounced physical site
inspections of residences and locations of employment; and interviews. USCIS will use information obtained through
verification to assess your compliance with the laws and to determine your eligibility for an immigration benefit.
Form I-129H1 Instructions xx/xx/20

Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse
or derogatory information that may result from a USCIS compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated an adverse action which may result in revocation or
termination of an approval.

DHS Privacy Notice
AUTHORITIES: The information requested on this petition and the associated evidence, is collected under the
Immigration and Nationality Act (INA) sections 103, 208(c)(1)(C), 211, 212(d)(5)(A), and 215 and 8 CFR sections
211.1(a)(3-4), 212.5, and 223.1-223.3.

DRAFT
NOT FOR
PRODUCTION
09/02/2020

PURPOSE: The primary purpose for providing the requested information on this petition is to petition USCIS for an
alien to temporarily enter the United States as an H-1B, H-1B1, H-1B2, H-1B3 nonimmigrant worker. An employer (or
agent, where applicable) will also use this form to request an extension of stay of an H-1B, H-1B1, H-1B2, H-1B3
nonimmigrant worker or to change the status of an alien currently in the United States as a nonimmigrant to H-1B, H-1B1,
H-1B2, H-1B3 nonimmigrant status. DHS uses the information you provide to grant or deny the immigration benefit you
are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in
a rejection or denial of your petition.
ROUTINE USES: DHS may, where allowable under relevant confidentiality provisions, share the information you
provide on this petition and any additional requested evidence with other Federal, state, local, and foreign government
agencies and authorized organizations. DHS follows approved routine uses described in the associated published system
of records notices [DHS/USCIS-001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits
Information System] and the published privacy impact assessment [DHS/USCIS/PIA-016(a) Computer Linked
Application Information Management System and Associated Systems, DHS/USCIS/PIA-051 Case and Activity
Management for International Operations, and DHS/USCIS/PIA-056 USCIS Electronic Immigration System] which you
can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or
in the interest of national security.

Paperwork Reduction Act

An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of
information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public
reporting burden for Form I-129H1 is estimated at 4 hours per response, including the time for reviewing instructions,
gathering the required documentation and information, completing the petition, preparing statements, attaching necessary
documentation, and submitting the petition. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC
20529-2140; OMB No. 1615-xxxx. Do not mail your completed Form I-129H1 to this address.

Form I-129H1 Instructions xx/xx/20