3/26/2008

H1B Form I-129 Petition for a Nonimmigrant Worker: Please be sure to complete all sections of the form accurately. Link to the USCIS website for a list of common errors leading to rejection. Be sure the beneficiary’s name is spelled properly and that his/her date of birth is displayed in the proper format (mm/dd/yyyy). Also, country of birth/citizenship and the I-94 # (if applicable) should be reviewed for accuracy.

If the beneficiary will ultimately be seeking issuance of a visa at a consular office abroad, a copy of the petition and supporting documentation should be included with the filing. For cases where the beneficiary will be seeking a change of status in the United States, a copy is not necessary.

If the beneficiary is seeking an extension or change of status, the petition should include evidence (e.g. Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested. A copy of the beneficiary’s valid passport.

Here is the preferred order of documents at time of submission. Applicable fees should be stapled to the bottom right corner of the top document (Form I-907, Form G-28, or Form I-129).

1) Form I-907 (if filing for Premium Processing Service);

2) Form G-28 (if represented by attorney or accredited representative);

3) Form I-129 (“Petition for a Nonimmigrant Worker”);

4) H Classification Supplement to Form I-129;

5) H-1B Data Collection and Filing Fee Exemption Supplement;

6) Provide a Table of Contents;

                        Tab items as listed in Table of Contents;

                        Arrival-Departure Record (Form I-94) (if the beneficiary is in the US);

                        and, if applicable, the SEVIS Form I-20 (if current or former F-1 student or F-2 dependent), SEVIS Form DS-2019 (if current or former J-1 or J-2) or Form I-566 (if current A or G nonimmigrant)

                        Certified Labor Condition Application, Form ETA 9035, from Department of Labor;

                        Employer/Attorney/Representative letter;

                        Other supporting documentation;

                        Duplicate copy of the petition if the beneficiary will be seeking nonimmigrant visa issuance abroad.

If multiple petitions will be included in the same courier service or Post Office package, please place individual petitions into separate envelopes within the package.