Page 13 of 36
Form I-129
Edition
03/10/21
H Classification Supplement to Form I-129
Department of Homeland Security
U.S. Citizenship and Immigration Services
USCIS
Form I-129
OMB No. 1615-0009
Expires 09/30/2021
H Classification Supplement
Name of the Petitioner
Name of the Beneficiary
1.
2.a.
2.b.
Name of the beneficiary or if this petition includes multiple beneficiaries, the total number of beneficiaries
Provide the total number of beneficiaries
OR
3.
List each beneficiary's prior periods of stay in H or L classification in the United States for the last six years (beneficiaries
requesting H-2A or H-2B classification need only list the last three years). Be sure to only list those periods in which each
beneficiary was actually in the United States in an H or L classification. Do not include periods in which the beneficiary was in a
dependent status, for example, H-4 or L-2 status.
NOTE:
Submit photocopies of Forms I-94, I-797, and/or other USCIS issued documents noting these periods of stay in the H
or L classification. (If more space is needed, attach an additional sheet.)
Subject's Name
Period of Stay (mm/dd/yyyy)
From
To
4.
Classification sought (select
only one
box):
6.
Are you filing this petition on behalf of a beneficiary subject to the Guam-CNMI cap exemption under Public Law 110-229?
No
Yes
H-1B1 Chile and Singapore
H-1B Specialty Occupation
H-1B2 Exceptional services relating to a cooperative research and development project administered by the U.S.
Department of Defense (DOD)
H-1B3 Fashion model of distinguished merit and ability
H-2A Agricultural worker
H-2B Non-agricultural worker
H-3 Special education exchange visitor program
H-3 Trainee
a.
b.
c.
d.
e.
f.
g.
h.
5.
If you selected
a.
or
d.
in
Item Number 4.,
and are filing an H-1B cap petition (including a petition under the U.S. advanced
degree exemption), provide the Beneficiary Confirmation Number from the H-1B Registration Selection Notice for the
beneficiary named in this petition (if applicable).
Page 14 of 36
Form I-129
Edition
03/10/21
8.a.
Does any beneficiary in this petition have ownership interest in the petitioning organization?
No
Yes.
If yes, please explain in
Item Number 8.b.
1.
Describe the proposed duties.
2.
Describe the beneficiary's present occupation and summary of prior work experience.
Section 1.
Complete This Section If Filing for H-1B Classification
Statement for H-1B Specialty Occupations and H-1B1 Chile and Singapore
Signature of Petitioner
Date
(mm/dd/yyyy)
Name of Petitioner
By filing this petition, I agree to, and will abide by, the terms of the labor condition application (LCA) for the duration of the
beneficiary's authorized period of stay for H-1B employment.
I certify that I will maintain a valid employer-employee relationship
with the beneficiary at all times.
If the beneficiary is assigned to a position in a new location
,
I will obtain and post an LCA for that
site prior to reassignment.
I further understand that I cannot charge the beneficiary the ACWIA fee, and that any other required reimbursement will be
considered an offset against wages and benefits paid relative to the LCA.
Signature of Authorized Official of Employer
Date
(mm/dd/yyyy)
Name of Authorized Official of Employer
As an authorized official of the employer, I certify that the employer will be liable for the reasonable costs of return transportation of
the alien abroad if the beneficiary is dismissed from employment by the employer before the end of the period of authorized stay.
Signature of DOD Project Manager
Date
(mm/dd/yyyy)
Name of DOD Project Manager
I certify that the beneficiary will be working on a cooperative research and development project or a co-production project under a
reciprocal government-to-government agreement administered by the U.S. Department of Defense.
Statement for H-1B Specialty Occupations and U.S. Department of Defense (DOD) Projects
Statement for H-1B U.S. Department of Defense Projects Only
8.b.
Explanation
H Classification Supplement
7.
Are you requesting a change of employer and was the beneficiary previously subject to the Guam-CNMI cap exemption under
Public Law 110-229?
No
Yes
Page 15 of 36
Form I-129
Edition
03/10/21
1.
Employment is:
(select
only one
box)
2.
Temporary need is:
(select
only one
box)
a.
Seasonal
b.
Peak load
d.
One-time occurrence
c.
Recurrent annually
a.
Unpredictable
b.
Periodic
c.
Intermittent
List the countries of citizenship for the H-2A or H-2B workers you plan to hire.
You must provide all of the requested information for
Item Numbers 5.a. - 6.
for each H-2A or H-2B worker you plan to hire
who is not from a country that has been designated as a participating country in accordance with 8 CFR 214.2(h)(5)(i)(F)(1) or
214.2(h)(6)(i)(E)(1).
See
www.uscis.gov
for the list of participating countries.
(Attach a separate sheet if additional space is
needed.)
Family Name (Last Name)
Given Name (First Name)
Middle Name
Middle Name
Given Name (First Name)
Family Name (Last Name)
Provide all other name(s) used
Date of Birth (mm/dd/yyyy)
Country of Citizenship or Nationality
Visa Classification (H-2A or H-2B):
Country of Birth
6.a.
Have any of the workers listed in
Item Number 5.
above ever been admitted to the United States previously in H-2A/H-2B status?
NOTE:
If any of the H-2A or H-2B workers you are requesting are nationals of a country that is not on the eligible countries
list, you must also provide evidence showing:
(1)
that workers with the required skills are not available from a country currently
on the eligible countries list
*
;
(2)
whether the beneficiaries have been admitted previously to the United States in H-2A or H-2B
status;
(3)
that there is no potential for abuse, fraud, or other harm to the integrity of the H-2A or H-2B visa programs through
the potential admission of the intended workers; and
(4)
any other factors that may serve the United States interest.
*
For H-2A petitions only: You must also show that workers with the required skills are not available from among United
States workers.
No
Yes.
If yes, go to
Part 9.
of Form I-129 and write your explanation.
6.b.
5.c.
5.e.
5.d.
Explain your temporary need for the workers' services (Attach a separate sheet if additional space is needed).
3.
4.
5.a.
5.b.
H Classification Supplement
Section 2.
Complete This Section If Filing for H-2A or H-2B Classification
(continued)
Page 16 of 36
Form I-129
Edition
03/10/21
Section 2.
Complete This Section If Filing for H-2A or H-2B Classification
(continued)
7.a.
Did you or do you plan to use a staffing, recruiting, or similar placement service or agent to locate the H-2A/H-2B workers that
you intend to hire by filing this petition?
If yes, list the name and address of service or agent used below.
Please use
Part 10.
of Form I-129 if you need to include the
name and address of more than one service or agent.
Name
Yes
No
7.b.
Did any of the H-2A/H-2B workers that you are requesting pay you, or an agent, a job placement fee or other form
of compensation (either direct or indirect) as a condition of the employment, or do they have an agreement to pay
you or the service such fees at a later date? The phrase "fees or other compensation" includes, but is not limited to,
petition fees, attorney fees, recruitment costs, and any other fees that are a condition of a beneficiary's employment
that the employer is prohibited from passing to the H-2A or H-2B worker under law under U.S. Department of
Labor rules. This phrase does not include reasonable travel expenses and certain government-mandated fees (such
as passport fees) that are not prohibited from being passed to the H-2A or H-2B worker by statute, regulations, or
any laws.
8.c.
If the workers paid any fee or compensation, were they reimbursed?
Yes
9.
Have you made reasonable inquiries to determine that to the best of your knowledge the recruiter,
facilitator, or similar employment service that you used has not collected, and will not collect, directly or
indirectly, any fees or other compensation from the H-2 workers of this petition as a condition of the H-2
workers' employment?
Have you ever had an H-2A or H-2B petition denied or revoked because an employee paid a job placement
fee or other similar compensation as a condition of the job offer or employment?
10.b.
Were the workers reimbursed for such fees and compensation?
(Submit evidence of reimbursement.)
If
you answered no because you were unable to locate the workers, include evidence of your efforts to locate
the workers.
No
Yes
No
Yes
No
Yes
No
8.d.
If the workers agreed to pay a fee that they have not yet been paid, has their agreement been terminated
before the workers paid the fee?
(Submit evidence of termination or reimbursement with this petition.)
If yes, list the types and amounts of fees that the worker(s) paid or will pay.
No
Yes
NOTE:
If USCIS determines that you knew, or should have known, that the workers requested in
connection with this petition paid any fees or other compensation at any time as a condition of
employment, your petition may be denied or revoked.
10.a.
10.a.1
10.a.2
If yes, when?
Receipt Number:
Address
7.c.
City or Town
State
ZIP Code
Street Number and Name
Apt.
Flr.
Number
Ste.
8.b.
Yes
No
8.a.
ลน
H Classification Supplement
Page 17 of 36
Form I-129
Edition
03/10/21
Section 2.
Complete This Section If Filing for H-2A or H-2B Classification
(continued)
Yes
No
11.
Have any of the workers you are requesting experienced an interrupted stay associated with their entry as
an H-2A or H-2B? (See form instructions for more information on interrupted stays.)
If yes, document the workers' periods of stay in the table on the first page of this supplement.
Submit
evidence of each entry and each exit, with the petition, as evidence of the interrupted stays.
12.a.
If you are an H-2A petitioner, are you a participant in the E-Verify program?
No
Yes
12.b.
If yes, provide the E-Verify Company ID or Client Company ID.
The petitioner must execute
Part A.
If the petitioner is the employer's agent, the employer must execute
Part B.
If there are joint
employers, they must each execute
Part C.
For H-2A petitioners only:
The petitioner agrees to pay $10 in liquidated damages for each instance where it cannot demonstrate it is
in compliance with the notification requirement.
The H-2A/H-2B petitioner and each employer consent to allow Government access to the site where the labor is being performed for
the purpose of determining compliance with H-2A/H-2B requirements.
The petitioner further agrees to notify DHS beginning on a
date and in a manner specified in a notice published in the Federal Register within 2 workdays if: an H-2A/H-2B worker fails to report
for work within 5 workdays after the employment start date stated on the petition or, applicable to H-2A petitioners only, within 5
workdays of the start date established by the petitioner, whichever is later; the agricultural labor or services for which H-2A/H-2B
workers were hired is completed more than 30 days early; or the H-2A/H-2B worker absconds from the worksite or is terminated prior
to the completion of agricultural labor or services for which he or she was hired.
The petitioner agrees to retain evidence of such
notification and make it available for inspection by DHS officers for a one-year period.
"Workday" means the period between the
time on any particular day when such employee commences his or her principal activity and the time on that day at which he or she
ceases such principal activity or activities.
Part A.
Petitioner
Part B.
Employer who is not the petitioner
Part C.
Joint Employers
Signature of Petitioner
Date
(mm/dd/yyyy)
Name of Petitioner
By filing this petition, I agree to the conditions of H-2A/H-2B employment and agree to the notification requirements.
For H-2A
petitioners: I also agree to the liquidated damages requirements defined in 8 CFR 214.2(h)(5)(vi)(B)(3).
Signature of Employer
Date
(mm/dd/yyyy)
Name of Employer
I certify that I have authorized the party filing this petition to act as my agent in this regard.
I assume full responsibility for all
representations made by this agent on my behalf and agree to the conditions of H-2A/H-2B eligibility.
I agree to the conditions of H-2A eligibility.
Signature of Joint Employer
Name of Joint Employer
Name of Joint Employer
Name of Joint Employer
Name of Joint Employer
Date
(mm/dd/yyyy)
Date
(mm/dd/yyyy)
Date
(mm/dd/yyyy)
Date
(mm/dd/yyyy)
Signature of Joint Employer
Signature of Joint Employer
Signature of Joint Employer
H Classification Supplement
Page 18 of 36
Form I-129
Edition
03/10/21
Section 3.
Complete This Section If Filing for H-3 Classification
Is the training you intend to provide, or similar training, available in the beneficiary's country?
If you do not intend to employ the beneficiary abroad at the end of this training, explain why you wish to incur the cost of
providing this training and your expected return from this training.
Will the training benefit the beneficiary in pursuing a career abroad?
Does the training involve productive employment incidental to the training?
If yes, explain the
amount of compensation employment versus the classroom in
Part 9. of Form I-129.
Does the beneficiary already have skills related to the training?
Is this training an effort to overcome a labor shortage?
Do you intend to employ the beneficiary abroad at the end of this training?
If you answer yes to any of the following questions, attach a full explanation.
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
H Classification Supplement
1.
2.
3.
4.
5.
6.
7.