I-129 Non-immigrant Petition for Temporary Workers

Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file an I-129 petition. The  I-129 is mainly used for non-immigrant categories; thus, in most cases, workers who enter the United States under this petition must depart the U.S. when their maximum period of stay has been reached. Form I-129 may also be used to petition for an extension of stay or change of status for certain non-immigrants.

There are many categories of workers who are temporary visitors and who may be petitioned for on the I-129. The most common visa for temporary workers is the H-B, which is normally valid for 3 years and is renewable for a maximum of 6 years.

Applying for the Visa

Prospective workers (beneficiaries) outside of the country generally must apply for a visa upon approval of the petition. Prospective workers in the U.S. who are not in a valid nonimmigrant status or who have not continuously maintained their status must also apply for a visa upon approval of the petition. After the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country, the beneficiary must file a visa application with the consulate.

I-140, Immigrant Petition for Alien Worker

Form I-140 is used for an immigrant visa petition, meaning the petitioner intends to relocate to the United States for the long term. This is in contrast to Form I-129 which is used for temporary workers. However, the petitioner has to meet a very high standard of excellence in their field of endeavor.

A U.S. employer may file this petition for:

a)     An outstanding professor or researcher, with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding:

b)     Is a member of the profession holding an advanced degree or is claiming exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest.

c)      In a tenured or tenure-track position at a university or institution of higher education to teach in the academic area.

A U.S. employer filing for a skilled worker must file the petition with proof of the following:

a)     The prospective United States employer has been doing business for at least one year; and

b)     The alien is to be employed in the United States in a managerial or executive capacity. A description of the duties to be performed should be included.

c)     Letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

d)     Petitions for certain classifications must be filed with a certification from the U.S. Department of Labor or with documentation to establish that the alien qualifies for one of the shortage occupations in the Department of Labor's Labor Market Information Pilot Program.

e)     A license to practice the profession or certification for a particular profession or occupation;

f)     Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;

g)      Evidence of membership in professional associations; or

h)     Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.