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Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain (or amend the details of) a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or ...
The beneficiary cannot appeal a USCIS decision. This is relevant to forms such as Form I-129, Form I-130, and Form I-140, where, in most cases, the beneficiary differs from the petitioner. For instance, with Form I-130, a US citizen wife might file a petition for her non-US-citizen husband.
There may be additional fees associated with that status. For instance, Form I-129 is used to apply for H-1B status (among many other statuses); there are several additional fees associated with H-1B status. [7] Two of the forms, Form I-129 and Form I-140, are eligible for the Premium Processing Service, which requires the filing of Form I-907. [8]
USCIS handles all forms and processing materials related to immigration and naturalization. This is evident from USCIS's predecessor, the INS (Immigration and Naturalization Service), which is defunct as of March 1, 2003. [6] [circular reference] USCIS handles two kinds of forms: those related to immigration, and those related to naturalization.
Premium Processing Service is an optional premium service offered by the United States Citizenship and Immigration Services to individuals and/or employers filing Form I-129 (Petition for a Nonimmigrant Worker), Form I-140 (Immigrant Petition for Alien Worker), Form I-539 (Application to Extend/Change Nonimmigrant Status- currently available to those applying for F, M or J status only) or Form ...
A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond. [1]
Note that Form I-129 is used for a large number of nonimmigrant worker statuses, not just the H-2A. Those using it for the H-2A status need to fill the main form followed by the H classification supplement, Pages 13–17. [10] The H-2A status is one of the statuses where it is possible for a single Form I-129 to be used for multiple beneficiaries.
The time within which the response to a RFE must be sent is indicated on the RFE. It generally varies between 30 and 90 days. If no response is received within the time indicated on the RFE, the USCIS will process the application without considering the additional evidence, which in most cases means a denial (because petitions where there was enough evidence to accept should not have RFEs in ...