Form I-129, Petition for a Nonimmigrant Worker, is a crucial document for employers seeking to employ foreign workers in the United States for temporary employment. This form is used for various visa categories, including H-1B (specialty occupation), H-2A (agricultural worker), H-2B (non-agricultural worker), L (intracompany transferee), and others.
In this blog, we will discuss Form I-129 in detail, explore crucial sections, and provide tips for avoiding common mistakes while completing it.
Here we go!
What is Form I-129?
Form I-129 is a complex document employers must complete to hire foreign workers. It consists of multiple sections, each addressing specific information related to the employer, the foreign worker, and the employment relationship. Understanding the key components of the form is essential to ensuring a successful submission. Let’s take a look.
Key Sections of Form I-129
- General Information about the petitioning organization
While filing the form, you must mention the petitioning organization name, mailing address, location, contact information, FEIN number, and US social security number (if any). As an employer, you must also mention if this is a new employment petition, new concurrent employment petition, change of employer petition, or amended petition.
- Beneficiary information needs to be included (Part 3 in the I-129 Form)
Next, you must fill in the details about the beneficiary you are petitioning. You need to mention his name, parent’s name, date of birth, passport information, and other necessary information if he is in the US (date of arrival in the US, current non-immigrant status, SEVIS/EAD no. If any ).
- Basic information about the proposed employer and employee
After filling out the details about employer and employee, you need to mention specific information that establishes a connection between employer and employee. For example, you need to mention the job title, LCA number, full-time position, part-time position, wage description, and type of business.
- Declaration and signature
Once you complete the form, you need to declare and sign at the end, affirming that all the details filled in are correct and up to the mark. You must also provide your contact number if you are neither a petitioner nor a beneficiary.
Common Mistakes to Avoid While Completing Form 1-129
Below are the common mistakes that employers make while filling out form I-129. Let’s have a look.
- Inaccurate or Incomplete Information
Ensure all information on the form is accurate and complete. Any errors or omissions can lead to delays or denials. - Missing Supporting Documents
Submit all required supporting documents along with the form. Failure to do so can result in a rejection. - Incorrect Visa Category
Carefully select the appropriate visa category based on the foreign worker’s qualifications and the nature of the employment. - Wage Issues
Ensure that the offered wage meets or exceeds the prevailing wage for the specific occupation and location. - Labor Certification Errors
Make sure the labor certification process is completed accurately and in a timely manner.
Tips for a Successful Form I-129 Submission
- Start Early
Prepare for the I-129 submission well in advance to allow sufficient time to gather documents and address potential issues.
- Consult with an Immigration Attorney
You must seek professional advice from an experienced immigration attorney to ensure compliance with all regulations and maximize your chances of approval. Imagility immigration software can help you connect with experienced immigration attorneys who can help you fill out the form correctly and suggest do’s and don’ts.
- Double-Check for Errors
Review the form and supporting documents carefully for any mistakes or inconsistencies.
- Prepare for Interview
Be prepared for potential interviews with the U.S. Citizenship and Immigration Services (USCIS) officers.
Conclusion
Form I-129 is a complex document that requires careful attention while filling it. By understanding the key components of the form, avoiding common mistakes, and following the tips outlined in this blog, employers can increase their chances of successfully obtaining a visa for their foreign workers.
