If you qualify, the process is relatively simple. You need to file an I-129 petition with the USCIS along with all of the evidence you need to support your investment and your enterprise. If your petition is approved, you may be asked to appear for a one-on-one interview with a consular officer. Change of Status vs. Consular Processing
How to travel internationally on an I-129 visa?
International traveling can be done once the employee has received their I-129 immigration status. Certain rules still have to be applied – and a worker traveling on an I-129 visa will have to provide certain documents: visa, passport, form I-797 approved by the ISCIS – and if it applies, a copy of form I- 129S (approved).
What documents do I need to apply for an I-129 visa?
Certain rules still have to be applied – and a worker traveling on an I-129 visa will have to provide certain documents: visa, passport, form I-797 approved by the ISCIS – and if it applies, a copy of form I- 129S (approved).
Is the I-129 form difficult to complete?
The I-129 form is a fairly complex one that needs to be properly filled in with relevant details. When you are completing your I-129 petition, here are some additional factors that you might want to consider.
Can I change my work visa status on I-129?
It is a very common type of work visa, and may also be able to change the status of someone already within the borders of the US – but is not permitted to work. Therefore, form I-129 can give new status as well as update an old status to a different one.
Do I need to carry I-129 for visa interview?
L Visa Applicants: If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.
Do I need I-129 for H-1B stamping?
Documents Required for H-1B Stamping Original H-1B visa approval notice (Form I-797) Letter for the H-1B visa application provided by your employer. Form I-129. Payment stubs for at least the last three months.
What is the purpose of Form I-129?
The Purpose of Form I-129 This form 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 a nonimmigrant to perform services or labor, or to receive training.
What documents should I carry for visa interview?
Set 1: Personal InformationPassport (current and all the previous ones)MRV Fee Receipt.Visa Interview Appointment Letter.DS 160 Confirmation Slip (with the bar code clearly visible)SEVIS Fee Receipt.Passport Size Photograph (as per regulations mentioned)
Do we need original i 797 for visa interview?
*You do not need to present your original I-797 approval notice at your visa interview.
What documents do I need for H1B visa interview?
H1B Visa Interview DocumentsDS-160 Barcode Confirmation.The letter of the appointment schedule.Original H1B Visa approval notice (I-797 Form)The petition for a nonimmigrant worker (I-129)H classification supplement to form I-129.H-1B data collection and filing fee exemption supplement.More items...•
Who fills out the I-129 form?
U.S. employerForm I-129, entitled Petition for a Nonimmigrant Worker, is a document that is submitted by a U.S. employer who wishes to sponsor a foreign national for temporary employment in the United States. The form is issued by U.S. Citizenship and Immigration Services (USCIS).
How long does it take to get I-129 approved?
Once an employer has gone through the various preliminary steps and then filed an H-1B case petition (on Form I-129), the processing is in the hands of U.S. Citizenship and Immigration Services (USCIS). Some applicants have been known to receive approval in as few as 30 days, others wait much longer.
How long does I-129 take to process?
Approximately 9-12 MonthsI-129F Processing Time: Approximately 9-12 Months The citizen must submit the form along with all required supporting documents. USCIS uses I-129F to establish the relationship between the U.S. citizen and the foreign fiancé(e).
How can I pass my visa interview?
The tips below are intended to help you prepare for your visa interview at the U.S. Embassy or U.S. Consulate in your home country.Ties to Home Country. ... English. ... Speak for Yourself. ... Know the Program and How it Fits Your Career Plans. ... Be Concise. ... Supplemental Documentation. ... Not All Countries Are Equal. ... Employment.More items...
How long does it take for visa interview?
You can expect to be at the Embassy or Consulate for approximately two to three hours. The interview with a consular officer is the last step in a two-step process and typically lasts just a few minutes. Prior to the interview staff will collect, data-enter and review your application.
How long after visa interview will I get my visa?
If you are found eligible to receive a visa on the day of the interview you should allow approximately 10-15 working days for your application to be processed. Your documents will be returned to you in a large envelope.
What happens after I-129 approved?
When USCIS approves an I-129 petition, it will issue an approval notice (Form 797, Notice of Action). This notice contains important information, including the duration of the foreign worker's newly authorized status in the United States.
What happens if I-129 is denied?
If USCIS denies the I-129 petition, your employer can file an appeal. USCIS will enclose information about the appeal process with the denial notification. The appeal will be decided on by the Administrative Appeals Office (AAO). Employers choosing to appeal a denial must complete and file USCIS Form I-290B.
How can I check my I-129 status?
You will need your receipt number to check your USCIS case status through the phone. To verify your status over the phone, you need to call 1-800-375-5283.
Who should I present my I-129?
The beneficiary should present this documentation to U.S. Customs and Border Protection when seeking entry or re-entry into the United States in the approved Form I-129 employment classification.
When do I need to report I-129?
Petitioners requesting an extension of stay or change of status on behalf of aliens who are subject to the new public benefit condition do not need to report the receipt of public benefits on Form I-129 if such benefits are received before Feb. 24, 2020.
What is the part 6 of I-129?
Petitioners must complete Part 6 of Form I-129 if they are seeking to classify a nonimmigrant worker as H-1B, H-1B1 Chile/Singapore, L-1 , and O-1A. Part 6 is not required for petitions for all other classifications, including but not limited to blanket L petitions (LZ). See our Part 6 of Form I-129: Frequently Asked Questions for more information.
What is an I-129?
When the beneficiary with an approved Form I-129 is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.
Where to file I-129?
When completing Form I-129, please list your CNMI P.O. box when asked for a street or physical address. File your petitions for employment or services in the CNMI, regardless of classification, with the California Service Center.
When will USCIS stop extending nonimmigrant status?
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule.
When will I-129 be available in 2021?
Alert: The current edition date for Form I-129 is 03/10/21. Starting July 1, 2021, we will only accept the 03/10/21 edition. Until then, you can also use the 09/30/20 and 01/27/20 editions.
Checklist of Required Initial Evidence for Form I-129 (for informational purposes only)
Please do not submit this checklist with your I-129. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form.
H-3 Nonimmigrant
If you are filing as an H-3 nonimmigrant coming to the United States temporarily to participate in a special education exchange visitor program in the education of children with physical, mental, or emotional disabilities.
Where to file I-129?
Where to File Form I-129. The form I-129 will generally be filed at the training center, together with the service center. However, there will be certain filing exceptions for NAFTA countries, including Canada and Mexico.
What is an I-129?
The Form I-129 is a petition for a non-immigrant worker – a form that employers looking to fill a position with a foreign national will have to fill. It is a very common type of work visa, and may also be able to change the status of someone already within the borders of the US – but is not permitted to work. ...
Who Is Eligible to Be Sponsored with an I-129 Petition?
Several people who qualify for different statuses may apply for the I-129 visa. This may be filed for the following non-immigrant visa categories that are employment-based.
What is the second part of the I-129?
The second part of the I-129 petition requires that you fill in information about the requested non-immigrant status – as well as the actions that you, the employer, want the USCIS to take. The employer must add the requested visa category – and check whether the worker fits the qualifications or not.
How much is the I-129?
The filing fee for the Form I-129 is $460. By completing this form, you are agreeing to pay for government service. The filing fees are non-refundable and final – so, regardless of the action taken for the application, you will not be entitled to receiving your money back (even if you withdraw it).
How to avoid delays in immigration?
Ideally, to avoid any delays, you might want to collaborate with an immigrant attorney. They will be able to provide useful information regarding the petition.
How many pages are on the I-129?
The Form I-129 has a total of six pages – to which you add an additional page containing the explanations. The form primarily requires you to fill in the information concerning the employer, but also the position that the foreign national.
How early do you have to arrive for an L-1 visa?
You will need to arrive at least 15 minutes early to your interview so that you are able to make it through the line before your L-1 visa interview begins. Once you have checked in, you can expect to wait in the waiting room before your interview as consulates are often behind on their scheduled interviews.
What Documents Will I Need for My Interview?
When you travel to the U.S. consulate or embassy for your L-1 visa interview, be sure to bring the following documents so that your trip isn’t wasted:
What to expect from an L-1 visa?
The main focus of your L-1 visa application will be on the role you want to perform in the United States. The consular officer will want to know if you possess the required qualifications and experience to assume that role in the United States. They will also want to know if the role could be just as easily filled by a U.S. worker. The onus is on you to prove that it is in the best interest of the organization if the position is occupied by you rather than a U.S. citizen or green card holder. So, you can expect questions such as:
What to do if your organization offers mock visa interviews?
If your organization offers mock visa interviews, ensure that you participate in them to familiarize yourself with what to expect at your real interview.
Why is it important to hire an immigration attorney?
When you’re going through a legal process as complex as immigration, it can be easy to make a mistake that will cost you time, money, and maybe even visa approval. To be sure that you are making all the right decisions, it is important that you hire an immigration attorney.
Why do companies offer mock L-1 visas?
Some companies that use this visa often offer mock L-1 visa interviews in order to help their employees excel in the real interview. If this is the case for your company, be sure that you take full advantage of this.
What is an L-1 visa?
The L-1 visa is reserved for the employees of multinational companies that have a branch, subsidiary, office, or affiliate in the U.S. This visa allows certain employees to be transferred to the U.S. branch in order to work. The qualified employees are:
Who must attend an immigration interview?
Who Must Attend the Interview. You, your spouse, and any qualified unmarried children immigrating with you, must participate in the interview. All traveling applicants required to participate will be named on the interview Appointment Letter you receive from the National Visa Center (NVC).
What is consular interview?
A consular officer will interview you (and accompanying family member beneficiaries) and determine whether or not you are eligible to receive an immigrant visa. As part of the interview process, ink-free, digital fingerprint scans will be taken.
What to bring to an interview?
What to bring to the Interview 1 English Translations – If documents requiring English translation were not sent to NVC, you must obtain them and present them on the day of your interview. For more information please review the U.S. Embassy or Consulate interview preparation instructions . 2 Visa Fees – If your visa application fees were collected by NVC, you do not need to pay again. However, if you or any family member did not pay all the necessary fees, you will be asked to pay any unpaid fees at the U.S. Embassy or Consulate.
Can a sponsor attend a visa interview?
You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed. Your sponsor/petitioner does not attend the visa interview.
