Form I-129

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Form I-129, Petition for Non-Immigrant Workers is a form sent to the United States Citizenship and Immigration Service used by employers or potential employers to obtain (or change details) a worker on a non- immigrant status. Form I-129 is used either for new status files or status changes, such as new, hold or change employer or title; or amendments to the original application. Approval of form allows workers to have the right to start or continue to work on the job (on or after a specified start date) if it is already in the United States. If the worker has not been in the United States, the approved Form I-129 may be used to apply for a visa related to that status. The form is 36 pages long (8 pages for the main form, and the remaining pages for various supplements can not all apply to each petition) and the instructions for the form are 29 pages. This is one of many USCIS immigration forms.

Video Form I-129

Visa status for which form is required or usable

Visa status requiring the form for initial work as well as extension or status change

For the following status, Form I-129 should always be submitted for initial work as well as for status extension or change to job details:

Visa status requiring form only for status change

For the visa status associated with a free trade agreement, Form I-129 is required only if the worker moves to a status while in the United States. Workers outside the United States can apply for a visa directly based on their job offer and other supporting documents. Status includes:

Maps Form I-129

Relations with visa process

For visa classifications requiring Form I-129, a person outside the United States needs to apply for an appropriate visa. The visa application must include an approved Form I-129 as well as any other supporting documents required for visa status.

For each classification Form I-129 may be filed, there is a corresponding visa class for dependents (spouse and minor), such as H-4 visa for H-visa holders and O-3 visa for holders of O visa. Those already in the United States who wish to switch to a dependent status may file Form I-539 for a status change.

Whether a person has a single or double entry visa, an applicant may need to apply for multiple visas if he/she travels outside the United States repeatedly. Each of these visa applications will depend on the same approved I-129 Form used as the basis for the authorization of the work of the current worker; those who have already started work may also need to submit additional evidence indicating that they have worked for the employer, their status is related to from the start date.

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Relations with other forms

• Form I-140 is a similar form submitted by employers or potential employers to workers for work-based visas (EB-1 visa, EB-2 visa or EB-3 visa). This work-based visa is an immigrant visa , and leads to a Green Card. The main difference between Forms I-140 and I-129 is that they are for immigrant and non-immigrant visa respectively.
• Form I-765 is an application form for non-immigrant workers to receive the Employment Authorization Document (EAD). In contrast to the form above, it is not a petition but an app created directly by people looking for EAD. Form I-765 can not be used to immigrate to the United States or change a person's non-immigrant status but is used by persons in the United States on various statuses (such as students with F visas or eligible DACA applicants) to work. EAD classification is not tied to specific employers and gives workers the flexibility to select employers, possibly subject to constraints about the nature of the work or the number of hours worked. For example, a student receiving F visa receives EAD for an Optional Practice Training post-completion. The main difference between Form I-129 and I-765 is that the first is filed by the employer and associated with a specific job whereas the latter is filed by the employee and is not tied to a particular job.

Form I-129 is not related to Form I-129F, a form used by fiance (e) citizens and permanent residents to obtain fiance (e) non-immigrant status, usually with the intention to file a Status Adjustment upon arrival in the United States.

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References

Source of the article : Wikipedia