If you’re looking to hire a foreign national to work in the United States, you’ll need to complete an I-129 form. The I-129 form is used by the United States Citizenship and Immigration Services (USCIS) to approve non-immigrant workers to come and work in the United States.
The I-129 form is used for a variety of non-immigrant work visas, including the H-1B specialty occupation visa, O-1 visa for individuals with extraordinary ability, and the L-1 intracompany transferee visa. If you’re planning on hiring a foreign national to work for your company, read on to learn more about the I-129 form.
The I-129 form is used to petition for a non-immigrant worker to come to the United States. The form includes details about the job offer, the employer, and the foreign national’s qualifications for the job.
The form is required for a variety of non-immigrant work visas, including the H-1B, O-1, and L-1 visas. The I-129 form must be filed by the employer, and the foreign national cannot file the form on their own.
The following information is required on the I-129 form:
– Biographical information about the foreign national, including their name, address, and passport details.
– Information about the employer, including the company name, address, and EIN.
– Job offer details, including the job title, job duties, and employment start and end dates.
– Education and work experience details for the foreign national, including degrees, certifications, and previous employment.
– Details about the salary and benefits offered to the foreign national.
In addition to this information, the employer will need to include supporting documentation, such as a Labor Condition Application (LCA) for H-1B visas and evidence of the foreign national’s extraordinary ability for O-1 visas.
The filing fee for the I-129 form varies depending on the type of visa being requested and the size of the employer. Here are the current filing fees for the I-129 form:
– H-1B, H-1B1, and H-2B visas: $460
– O and P visas: $460
– L-1 visas: $805 for employers with fewer than 25 employees, $1,555 for employers with 25 or more employees
The processing time for the I-129 form varies depending on the type of visa being requested. Here is the current processing time for the I-129 form for each visa type:
– H-1B visas: 3-6 months
– O and P visas: 2-4 months
– L-1 visas: 2-4 months
After the I-129 form is approved, the foreign national can apply for a visa at a U.S. consulate in their home country. Once the visa is granted, the foreign national can enter the United States and start working for their employer.
No, only the employer can file the I-129 form on behalf of the foreign national.
Yes, the I-129 form can be filed online through the USCIS website.
If the I-129 form is denied, the employer can file an appeal or request a review of the decision. It’s important to work with an immigration attorney if your I-129 form is denied.
No, the foreign national can only work for the employer listed on the I-129 form.
If the foreign national leaves their employer, their visa may be revoked. It’s important to work with an immigration attorney to understand the implications of leaving an employer while on a non-immigrant work visa.
Navigating the I-129 form process can be complex, but it’s an essential step for hiring foreign national workers. Understanding the information required on the form, the filing fees and processing times, and what happens after approval can help streamline the process. As always, it’s important to work with an immigration attorney who can help guide you through the process and address any questions or concerns.