Today, the United States is a center for global talent and some of the innovative and fast-growing companies rely on this talent for their expansion. To avail this global talent, employers need to sponsor work visas for the potential employee and can onboard the employee upon its approval. In order to pursue the visa, employer should file Form I-129 for foreign nationals intended to work in the US temporarily.
Many employers find completion of this form as a daunting and challenging task due to the complexity involved in filing and its adjudication process. Here is an article that can help you in understanding the Form I-129.
As an employer who is willing to sponsor an alien for temporary employment in the US, you have to file the Form I-129 petition with the USCIS. This is the first step in hiring foreign nationals, upon which approval the prospective employees may apply to enter the United States. However, foreign nationals must first meet the requirements specified under the corresponding visa classification for which the form is filed.
Form I-129 consists of:
1. Basic petition;
2. Individual supplements relating to specific classifications
3. H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classifications only)
Form I-129 may be filed for the following nonimmigrant visa categories:
In addition to these visa categories, you should also file this petition when:
As an employer, you are responsible for filling and signing the petition before filing it to the USCIS along with the filing fees. Once you file the Form I-129, the USCIS will send you a receipt to let you know they have received the petition. You have to ensure that all information on the Petition for the potential employee is legible and correct. If the petition is not complete, USCIS will reject the petition.
This form consists of 36 pages. Eight pages include the main form while the rest include supplemental information, not all of which are applicable to every case.
As the name suggests, the first part of the form requires you to provide information about the petitioner. The employer must provide basic information about the business in addition to the contact information.
This section of the Form I-129 petition requires you to fill in information about the requested non-immigrant status, basis of classification, and the requested action. The employer must add the requested visa category and check whether the worker fits the qualifications or not.
As this form can be filed for multiple workers, you should also include the number of workers you are filing this petition for.
Once the section-2 about petition information is filled in, you will have to move to the next section regarding the beneficiary. This section includes the beneficiary’s name, US Social Security Number, A-number, and the residential address (if based out of the US).
This section involves a series of questions that are necessary to process the Form I-129. They include office address, beneficiary’s foreign address, and information about each beneficiary mentioned in this petition.
This section includes specific information regarding the employer and the employment that has been proposed. It includes LCA information (if applicable), other addresses where the beneficiary may work, wages, and other information about the position described.
This section of the form includes all the information about the benefits provided for each of the beneficiaries mentioned in the petition. As an employer, you should clearly specify all the benefits applicable to the potential employee.
This section of the form is required only for H-1B, H-1B1 Chile/ Singapore, L-1, and O-1A petitions. As an employer, you have to disclose if a license is necessary from the federal government for the foreign employee to receive access to technical data or technology.
The employer completing the form should sign and date this section along with mentioning their name and title.
If in case, you are requesting a preparer to complete this form on behalf of you, this section should be signed and dated by the preparer. But, as an employer, it is your responsibility to make sure you review the entire form before completing and signing the petition.
Along with the completed Form I-129 you have to include the filing fee of $460 while submitting the petition. The filing fees is non-refundable and final. So, you will not receive the money back even if you withdraw the petition.
Processing of Form I-129s can be delayed due to multiple reasons. The topmost being including an incorrect filing fee or receiving a Request For Evidence (RFE). If the USCIS believes there is a reason to doubt the information on the application, they might issue a Request for Evidence. As RFE needs a response and evidence from the employer, the process will be delayed.
Being an employer, you are responsible for filing the Form I-129 petition for every non-immigrant worker you recruit. Though the employer information entered in the form remains the same for all the potential employees, you cannot re-use the previously entered data. This results in a lot of re-work along with an increase in time. Contacting an immigration attorney to file the petition can be an expensive approach. Here is an easier and efficient solution.
If you are an employer sponsoring a non-immigrant for work, you can file the Form I-129 petition using OnBlick. All the information you have entered while filling the form will be auto-saved into OnBlick’s database. Now, this saved data (employer information) which is same for all the potential beneficiaries can be auto-populated while you are filing the petition for other candidates.
OnBlick’s automated Form I-129 feature which is well connected with the compliance environment reduces the re-work and increases efficiency. Schedule your demo today to find out more about OnBlick and its other value-adding features.