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H-1B WORK VISA

FOR PROFESSIONALS IN SPECIALTY OCCUPATIONS Information and Application Manual

17TH EDITION
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Table of Contents
H-1B WORK VISA FOR PROFESSIONALS IN SPECIALTY OCCUPATIONS
DISCLAIMER ............................................................................................................................... ....... 4 1.0 INTRODUCTION ......................................................................................................................... .. 5

1.1 Advantages of the H-1B work visa ........................................................................................................... 5

2.0 EMPLOYER REQUIREMENTS FOR THE H-1B VISA ........................................................... 6 3.0 INDIVIDUAL REQUIREMENTS FOR THE H-1B VISA ......................................................... 7 4.0 THE H-1B APPLICATION PROCESS ........................................................................................ 8 5.0 STEP 1: FILING OF LABOR CONDITION ATTESTATION (LCA) ..................................... 9
5.1 Form ETA 9035 Instructions .................................................................................................................... 9 5.2 Three Digit Occupational Group Codes ................................................................................................ 14 5.3 What is the Prevailing Wage Request Form? ......................................................................................... 17 5.4 How to Obtain the Prevailing Wage from Published Sources................................................................ 17 5.5 How to Obtain the Prevailing Wage from the State Department Of Labor ............................................ 18 5.6 Department of Labor Addresses ............................................................................................................. 18

6.0 STEP 2: FILING OF VISA PETITION BY THE EMPLOYER (FORM I129) .................... 21
6.1 Purpose of Form I-129 ........................................................................................................................... 21 6.2 General filing instructions..................................................................................................................... 21 6.3 Form I-129 Petition for a Nonimmigrant Worker .................................................................................. 22 6.4 Form I-129 Instructions ......................................................................................................................... 22 6.5 Supplement H ........................................................................................................................................ 23 6.6 Other filing situations ............................................................................................................................. 23 6.7 Where to file .......................................................................................................................................... 24 6.8 When to file ........................................................................................................................................... 26 6.9 Processing Information .......................................................................................................................... 26

7.0 STEP 3: SUBMIT APPLICATION FOR H-1B VISA ............................................................... 27 8.0 STEP 4: ENTER U.S. LEGALLY AND CLAIM YOUR H-1B STATUS ................................ 28 9.0 RECEIVING FORM I-797, NOTICE OF RECEIPT ................................................................ 29 10.0 RECEIVING FORM A REQUEST FOR ADDITIONAL EVIDENCE ................................ 30
10.1 Example letter replying to a Request for Additional Evidence ........................................................ 31

11.0 APPROVAL OF NOTICE ......................................................................................................... 32

11.1 If the Alien is in the United States ........................................................................................................ 32 11.2 If the Alien is Outside the United States ............................................................................................... 32

12.0 REJECTION OF APPLICATION ............................................................................................ 33 13.0 EXTENDING THE H-1B PETITION ....................................................................................... 34 14.0 RENEWING THE H-1B VISA .................................................................................................. 35 15.0 YOUR RIGHTS AS AN H-1B WORKER ................................................................................ 36
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16.0 H-4 VISAS FOR SPOUSE AND CHILDREN .......................................................................... 37 17.0 FROM H-1B VISA TO GREEN CARD .................................................................................... 38 18.0 DO I NEED AN IMMIGRATION ATTORNEY? ................................................................... 39 19.0 GLOSSARY OF TERMS ........................................................................................................... 40 APPENDIX 1 ...................................................................................................................................... 50
UNITED STATES EMBASSIES AND CONSULATES WORLDWIDE ....................................................................... 50

APPENDIX 2 ...................................................................................................................................... 51
USCIS APPLICATION SUPPORT CENTERS (ASC) ........................................................................................... 51

APPENDIX 3 ...................................................................................................................................... 60
USCIS DISTRICT OFFICES AND SUB-OFFICES ................................................................................................ 60 IMMIGRATION FORMS: Form DS-157 Supplemental Non-Immigrant Visa Application Form DS-158 Contact Information and Work History for Visa Application Form I-129 Petition for Nonimmigrant Worker (H-1B Work Visa Application) Form I-539 Application to Extend/Change Nonimmigrant Form I-907 Request for Premium Processing Service IMMIGRATION FORMS THAT MUST BE SUBMITTED ONLINE: Form ETA 9035 Labor Certification Application IMMIGRATION FORMS THAT MUST BE FILLED OUT ONLINE THEN PRINTED: Form DS-156 Non-Immigrant Visa Application

WARNING ABOUT FILING FEES

The USCIS increased many filing fees on July 30th, 2007. Application forms are still valid even if the instructions on the form list the outdated filing fee. If you submit an application with the incorrect filing fee, it will be returned to you. You must then resubmit the application with the correct fee. For this reason, it is of the utmost importance that you submit your application with the correct filing fee. It is your responsibility to verify that you are submitting the correct filing fee with your application. Call the USCIS Hotline at 1-800-375-5283 to verify the latest filing fees.
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DISCLAIMER
U.S. Publishers, Inc. -- the publisher of this information guide -- is not affiliated with the United States

government. U.S. Publishers, Inc. has made every attempt to provide the most current information available on United States immigration laws and application procedures. The user should be aware that while we try to keep the information timely and accurate, there may be a delay between the passage of new laws and regulations and their inclusions in our immigration guides or on our website. The information provided in this immigration package and in other documents, forms, website, comments, e-mails, articles, newsletters, and other communications should not be considered legal advice for any individual case or situation. No attorney/client relationship is created by the usage of this immigration guide, its contents, any immigration materials purchased or downloaded, or any information provided by our website. By using this immigration guide, you agree that its proprietors, producers, and administrators have no responsibility, directly or indirectly, for any problems that may arise from the use or misuse of this product and its content. The responses and information contained herein are intended to be general and should not be relied on for a specific situation. For specific legal advice, contact an attorney who specializes in United States immigration law. We have designed this immigration guide at a very low cost to help you fill out your application without assistance. Therefore, we will not be answering any questions pertaining to immigration issues. If you have a question regarding immigration, please contact an immigration attorney. The text information in this publication is the property of U.S. Publishers, Inc. and is protected by copyright laws. Copyright is not claimed on material extracted from public resources. FBI Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000." Source: www.fbi.gov/ipr All United States immigration forms included with this information guide are provided to our clients free of charge. We do not charge for any immigration forms. You may download all immigration forms for free directly from the USCIS (formerly INS) website or you may contact us for additional forms. Refunds or exchanges will only be given if the product is returned within 30 days of the date of purchase. The maximum liability for any circumstance will not exceed the purchase price of this immigration manual. The acceptance of these terms begins with the use of this product. U.S. Publishers, Inc. 511 Avenue of the Americas # 45 New York, NY 10011 United States Website: www.usimmigrationsupport.org Email: info@usimmigrationsupport.org 5

1.0 INTRODUCTION
The purpose of the H-1B visa is to give U.S. employers the opportunity to hire foreign individuals for jobs that require highly specialized knowledge. Distinguished fashion models are also included in the

H-1B work visa category. The U.S. government created the H-1B work visa category to help U.S. companies by issuing work visa for specialized occupations. The H-1B work visa category exists to help and boost the U.S. economy, and was created to provide an opportunity for foreign individuals to work in the United States. The H-1B professional work visa allows professionals to enter the United States and accept temporary employment within their profession. Examples of jobs that fall under the H-1B category are engineers, nurses, professors, researchers, computer specialists, dietitians, architects, librarians, and other professionals. The visa is subject to annual quota restrictions and is often sought by foreign nationals who have completed their professional training in the United States as a part of a graduate or postgraduate degree. The H-1B work visa is subject to an annual numerical quota, which may change from year to year. The numerical limitation was temporarily increased to 195,000 in FY2001, FY2002 and FY2003. However, the quota is 85,000 for each of the next 3 years: FY 2005, 2006, 2007. Note that 20,000 of the H-1B visas are earmarked individuals with a minimum masters degree from a university within the United States. This addition of 20,000 H-1B Visas was made possible through the Reform Act of 2004. In addition, some of the 85,000 H-1B visa are only made available for countries that have signed free trade agreements with the United States. Examples are Singapore and Chile. Note that individuals working on H-1B visas in institutions of higher education, non-profit research organizations, or government research organizations are not subject to any H-1B caps. The H-1B work visa category has requirements for both the job itself and the skills of the individuals. Both these sets of requirements will be discussed in detail in the following chapters. The spouse and children of the H-1B visa holder may be issued H-4 visas, which allow them to legally stay in the United States. However, they are not permitted to work. The children must be unmarried and under the age of 21. Proof of family relationship must be provided.

1.1 Advantages of the H-1B work visa

Permission to Work: The H-1B visa allows professionals to enter the United States and accept employment in a professional capacity for a temporary period. Earnings: Thee professional is allowed to receive a salaried income from the employer. Durations: The H-1B visa is granted in increments not to exceed a total stay of six years. Spouses and Children: Spouses and children under 21 years old may be entitled to remain in the United States for the duration of the H-1B visa holders authorized stay. They are issued H-4 visas but are not permitted to work as H-4 visa holders. However, they are permitted to attend school or college in the United States. Multiple Employers: More than one H-1B visa petition may be in effect simultaneously allowing the H-1B temporary professional to work for two employers during the same time period. 6

2.0 EMPLOYER REQUIREMENTS FOR THE

H-1B VISA
The Occupation: The job itself must require a higher degree and be a specialized occupation. A job not requiring any particular skills will most likely not be accepted the USCIS as H-1B relevant, and the petition will be turned down. Examples of specialty occupations are accountants, engineers, chemists, hotel managers for large hotels, medical technologists, and physical therapists. Employer: The employer must complete the Labor Condition Application procedure with the United States Department of Labor. The Department of Labor must approve the employers Labor Condition Application before the petition can be filed. Transportation: The Immigration and Nationality Act makes a petitioner liable for the reasonable cost of return transportation for an H-1B or H-2B alien who is dismissed before the end of the authorized employment. The only scenario where the employer does not cover the return cost is if the individual voluntarily quits the job. Wage: The employer must be willing to pay the prevailing wage for that type of job in the geographic area. Prevailing wage is defined as 5% below the weighted average salary. Petition Approval: Until the U.S. Citizenship and Immigration Services has approved the employers petition (Labor Condition Application), the H-1B visa may not be issued. 7

3.0 INDIVIDUAL REQUIREMENTS FOR THE H-1B VISA

Job offer: Every H-1B worker (beneficiary) must obtain a job offer from a U.S. company (petitioner). An individual cannot apply for an H-1B job him or herself without having been offered a job in advance. Skills: The individual must possess specialized skills and have the necessary background (academic and professional). No Work Prior to Approval: Employment may not begin until the Immigration & Naturalization Service has approved the employers petition. The H-1B visa may not be issued before an approved petition. Changing Employers: Employers may be changed during the six-year H-1B visa duration. Per Section 105 of AC21, the employee may begin work for the new employer as soon as the H1B Transfer petition has been filed with U.S. Citizenship and Immigration Services. Professional: The applicant must possess the appropriate academic degree or equivalent by experience through progressively responsible positions. If the applicant possesses a foreign degree, the U.S. Citizenship and Immigration Services may require a credential evaluation. Employment: There must be an employer in the United States offering the professional a job. The offer of employment must be to perform services with a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge, and a bachelors or higher degree in the specific specialty as a minimum for entry into the occupation. The offer of employment may be for full or part-time employment. About the job: The job itself must match the specific skills of the individual. An individual with an advanced background within a particular field will not be issued the H-1B visa for a different type of specialized job. Licensure: Where licensure is required to practice a profession, the applicant must hold appropriate licensure under state law. 8

4.0 THE H-1B APPLICATION PROCESS

The H-1B application is a two-to-four step process depending on where the H-1B individual resides at the time of petition approval. This chapter provides a quick overview of the H-1B process which includes: Step 1 The United States employer must first file a Labor Condition Attestation (LCA) with the U.S. Department of State (DOL). Form ETA 9035 should only be filed online through the Department of

Labors website www.lca.doleta.gov. The LCA website is created in such a way that both employers and attorneys can set up individual accounts. There are several advantages of filing online including resubmitting of denied LCAs, tracking of newly submitted LCAs and being able to view the status online. Employers are also able to manage multiple accounts. By submitting Form ETA 9035 online, the system will within minutes determine if the application is approved or not based upon the information that was submitted. If the application is approved, the employer should print and sign it to support the visa petition or change of status. The hard copy version of Form ETA 9035 cannot be submitted as of December 5, 2005 unless the employer is disabled. In order to submit via regular mail, the disabled employer must obtain a written authorization from the Department of Labor in advance. The hard copy version without an authorization will not be processed, and the hiring process will be delayed. It is possible to download a PDF copy by visiting this link: www.workforcesecurity.doleta.gov/foreign/pdf/eta9035v50.pdf Step 2 The U.S. employer files Form I-129 (included) with the USCIS including the endorsed and signed LCA and other supporting evidence. This petition can also request the individual to change status if he or she is already in the United States on a different visa. For individuals already in the United States, the process stops here. Step 3 This step is only required if the individual is outside the United States. The approved petition should be taken to the local consulate where the individual must apply for his or her own H-1B visa to enter the United States. Note that visas are never issued within the United States. This means that H-1B workers who change status while residing within the U.S. must obtain the H-1B visa before entering the United States again if leaving the country. Visas are exclusively issued by U.S. Consulates / Embassies in other countries. Step 4 Once the visa is approved, the individual can legally enter the United States and begin/continue to work. The four above steps are discussed in detail in the following chapters. 9

5.0 STEP 1: FILING OF LABOR CONDITION ATTESTATION (LCA)

This chapter only applies to disabled employers who has already obtained the approval from the Division of Foreign Labor Certification for filing Form ETA 9035 by mail. All other employers should refer to chapter 4 and file the LCA online through www.lca.doleta.gov Employers that will file Form ETA 9035 online for the first time and applicants that wish to become familiar with the application process may find it useful to read this chapter before submitting the application online.

5.1 Form ETA 9035 Instructions

Employers seeking to hire a H-1B nonimmigrant in specialty occupations or as a fashion model of distinguished merit and ability must submit the completed and dated original Form ETA 9035 to the designated certifying officer in the Department of Labor (Department or DOL), Employment and Training Administration (ETA) Application Processing Center. An application which is complete and has no obvious inaccuracies will be certified by the Department and returned to the employer, who may then file it in support of its petition for an H-1B nonimmigrant with the USCIS (U.S. Citizenship and Immigration Services). Instructions for Section A: Program Designation One program must be chosen. Instructions for Section B: Employers Information 1. Return Fax Number: If you want the application to be returned via facsimile transmission, enter the fax number, area code first, to which you want the Department to send the final determination on the application. This may be the fax number of a person or entity other than the employer (e.g. an attorney or agent). If you want the application mailed, leave the Return Fax Number blank. 2. Employers Full Legal Name: Enter the full legal name of the business, firm, or organization, or, if an individual, enter the name used on legal documents. Some abbreviation may be required for long names. 3. Employers Address: Enter the address of the employers principal place of business. 4. Employers City, State, and Zip/Postal Code: Self Explanatory 5. Employers EIN Number: Enter the employers Federal Employer Identification Number (EIN) (assigned by the Internal Revenue Service)(9 digits). 6. Employers Phone Number and Extension: Enter the phone number, area code first, and extension, as appropriate, of the hiring or other designated official listed in Section H. Instructions for Section C: Rate of Pay 1. Wage Rate (or Rate Form) (Required): Enter the wage rate to be paid to H-1B nonimmigrants. If the wage offer is expressed as a range, enter the bottom of the wage range to be paid. 2. Rate Up To (Optional): Enter the top of the wage range to be paid to H-1B nonimmigrants. 10 3. Rate is Per: Enter whether the rate of pay is in terms of per year, month, two weeks, week, or hour. 4. Is this position part-time? Mark Yes or No. If the position is part-time, the employer attests that the H-1B nonimmigrant(s) supported by the LCA will not regularly work more than the number of hours indicated (which may be a range of hours) on the U.S. Citizenship and Immigration Services Form(s) I129 filed for the nonimmigrant(s). Note: All H-1B nonimmigrants under LCA must be part-time if question 4 is marked Yes; all H-1B nonimmigrants must be full-time if question 4 is marked No. Instructions for Section D: Period of Employment and Occupation Information 1. Begin Date: Enter the beginning date (month, date, and 4 digit year) on which the H-1B nonimmigrant(s) will be employed under this application. For example, June 5, 2000 would be entered as 06-05-2000. 2. End Date: Enter the end date (month, date, and 4 digit year) on which the H-1B nonimmigrant(s) will be employed under this application. For example, June 5, 2000 would be entered as 06-052000.

3. Occupational Code: Enter the 3 digit code from the next sub chapter or Appendix 1 which most clearly describes the occupation to be performed. 4. Number of H-1B nonimmigrants: Enter the number of H-1B nonimmigrants that will be employed under this application. Use only numerals. Do NOT spell out the number: e.g., enter 001, not ONE. 5. Job Title: Self - Explanatory Instructions for Section E: Information relating to Work Location for the H-1B nonimmigrant 1. City and State: Enter the city and state of the physical location where the work will actually be performed. See definition of place of employment in 20 CFR 655.175 and regulation concerning short-term placement in 20 CFR 655.735 2. Prevailing Wage: Enter the prevailing wage rate. If the position is part-time, enter the prevailing wage on an hourly basis. 3. Wage is Per: Enter whether the prevailing wage is expressed in terms of per year, month, two weeks, week, or hour. 4. Wage Source: If the employer is relying on a wage determination obtained from a State Employment Security Agency, mark the SESA box. If the employer is using a collective bargaining agreement, mark that box. If the employer is using another source, mark the Other box and specify such other source in the space provided (question 6). This other source must be an appropriate survey. It may NOT be an established pay scale which has not been negotiated. 5. Year: Enter the 4-digit year in which the other source wage survey was published. 6. Other Wage Source: Enter the name of the published wage survey or other source used to determine the prevailing wage: e.g., BLS Occupational Compensation Survey, Denver, employerconducted survey, etc. Any other source survey must meet all the criteria set forth in 20 CFR 655.731 (b) (3) (iii) (B) or (C), as appropriate. See subsection 5.3 for how to obtain the prevailing wage. Instructions for Section E: Subsection A Information for Additional or Subsequent Work Location Subsection D is only necessary if filing for more than one location 11 If H-1B nonimmigrants are to be employed concurrently or sequentially in more than one location, fill out Subsection A using the instructions listed above for Section D. Instructions for Section F-1: Employer Labor Condition Statements The employer must read and agree to statements (1) through (4) below and demonstrate that agreement by marking Yes in Section E of Form ETA 9035 and by signing the application form. The employer agrees to develop and maintain documentation supporting labor condition statements (1) and (4) as specified in 20 CFR 655.731 and 655.734, and to make this documentation available to DOL officials upon request. The employer also agrees to make available for public examination a copy of the labor condition application and necessary supporting documentation as specified in 20 CFR 655.760 within one working day after the date on which the application has been filed with DOL. This documentation must be retained for public examination at the place of employment or employers principal place of business, as specified in Item G. 1. Wages: The employer attests that H-1B nonimmigrants will be paid wages which are at least the

higher of the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupational classification in the area of intended employment. By marking Yes in section E of the Labor Condition Application for H-1B nonimmigrants (Form ETA 9035), the employer also attests that it will pay H-1B nonimmigrants the required wage for time in nonproductive status due to a decision of the employer or due to the H-1B nonimmigrants lack of a permit or license. The employer further attests that H-1B nonimmigrants will be offered benefits and eligibility for benefits on the same basis, and in accordance with the same criteria, as offered to U.S. workers. See 20 CFR 655.731 2. Working Conditions: The employer attests that the employment of H-1B nonimmigrants in the named occupation will not adversely affect the working conditions of workers similarly employed. The employer further that H-1B nonimmigrants will be afforded working conditions on the same basis, and in accordance with the same criteria, as offered to similarly employed U.S. workers. See 20 CFR 655.732. 3. Strike, Lockout, or Work Stoppage: The employer attests that on the date the application is signed submitted there is not a strike, lockout, or work stoppage in the course of a labor dispute in the named occupation at the place of employment and that, if such a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA within three (3) days of such occurrence and the application will not be used in support of a petition filing with U.S. Citizenship and Immigration Services for H-1B nonimmigrants to work in the same occupation at the place of employment until ETA determines the strike, lockout, or work stoppage has ceased. See 20 CFR 655.733. 4. Notice: The employer attests that as the date of filing, notice of the labor condition application has been or will be provided to workers employed in the named occupation. Notice of the application shall be provided to workers through the bargaining representative, or where there is such bargaining representative, notice of the filing shall be provided either through physical posting in conspicuous locations where H-1B nonimmigrants will be employed, or through electronic notification to employees in the occupational classification for which H-1B nonimmigrants are sought. The employer also attests that each H-1B nonimmigrant employed pursuant to the application will be provided with a copy of the certified Form ETA 9035, and provided with a copy of ETA 9035CP if requested. This notification shall be provided no later than the date the H1-B nonimmigrant reports to work at the place of employment. See 20 CFR 655.734. Instructions for Section F: Subsection 1 Additional Employer Labor Condition Statements Notice to Employers: If an employer is or becomes H-1B dependent or is found to have committed a willful violation or a misrepresentation of a material fact, any labor condition application for H-1B nonimmigrants that was certified by the Department of Labor prior to January 19, 2001 well be 12

deemed invalid and may not be used in support of a new petition or an extension of a petition for an H1B nonimmigrant. Please Note: The determination as to whether an employer is H-1B dependent is function of the number H-1B nonimmigrants employed as a proportion of the total number of full-time equivalent employees employed in the U.S. The following table can be used to determine whether the employer is or is not H-1B dependent: An Employer is H-1B Dependent if it employs in the U.S.: Total # of Full Time Workers: # of H-1B Workers: 1 to 25 8 or more 26 to 50 13 or more 51 or more 15% or more of workforce Note: See 20 CFR 655.736 for more detailed guidance as to what constitutes an H-1B dependent employer or a willful violator. http://www.ows.doleta.gov/foreign/pdf/cfr655.pdf False statements are subject to Federal criminal penalties, as stated above. Failure to meet a condition of the application or misrepresentation of a material fact may result in civil money penalties, debarment, and other appropriate relief. All employers are required to choose one of the following alternatives. Please note the alternative chosen by marking A, B, or C in section F Subsection 1 of the Labor Condition Application for H-1B nonimmigrants (Form ETA 9035). Alternative A The employer is not H-1B dependent (as defined above) and has not been found to have committed a willful violation or a misrepresentation of a material fact during the five (5) year period preceding the date of this application (and after October 20, 1998). The employer agrees to maintain the documentation required by 20 CFR 655.736 where applicable. If an employers chooses Alternative A and is or becomes H-1B dependent or was found, prior to the date of filing, to have committed a willful violation or a misrepresentation, the submitted labor application shall be deemed invalid and may not be used in support of a new petition or extension of a petition for an H-1B nonimmigrant. By choosing Alternative A, the employer also acknowledges that if it uses this application despite its invalidity, it is required to comply with the Additional Employer Labor Condition Statements in Section F Subsection 2. Alternative B The employer is an H-1B dependent employer and/or the employer has been found during the five year period preceding the date of this application (and after October 20, 1998) to have committed a willful violation or a misrepresentation of a material fact. If Alternative B is chosen, Section F Subsection 2 of Form ETA 9035 MUST be filled out. Alternative C The employer is an H-1B dependent employer and/or the employer has been found during the five year period preceding the submittal date of this application (and after October 20, 1998) to have committed a willful violation or a misrepresentation of a material fact, BUT the employer will use this labor condition application ONLY in support of petitions or extensions of status for exempt H1B nonimmigrants who will receive wages at a rate equal to at least $ 60,000 per year, or have attained a masters degree (or equivalent or higher degree) in a specialty related to the employment. The employer also agrees to maintain documentation required by 20 CFR 655.737.

By choosing Alternative C, the employer acknowledges that if it uses this application in support of a petition or extension of a petition of an H-1B nonimmigrant who is not exempt, it is required to comply 13 with the Additional Employer Labor Condition Statements in Section F Subsection 2 with respect to all H-1B nonimmigrants supported by this application. All employers (1) that are H-1B dependent (as defined above) and/or (2) that have been found to have committed a willful violation or a misrepresentation of a material fact during the five year period preceding the date of this application (and after October 20, 1998), must read and agree to statements A through C below and demonstrate that agreement by marking Yes in Section F Subsection 2 of Form ETA 9035 and by signing the application form. The employer agrees to develop and maintain documentation supporting labor condition statement A, B, and C as specified in 20 CFR 655.738 and 655.739 and to make this documentation available to DOL officials upon request. The employer also agrees to make available for public examination a copy of the labor condition application and necessary supporting documentation as specified in 20 CFR 655.760 within one working day after the date on which the application has been filed with DOL. This documentation must be retained for public examination at the place of employment or the employers principal place of business as identified in Item A. In addition, the employer agrees to maintain documentation supporting compliance with requirements on: (A) Displacement: The employer will not displace any similarly employed U.S. worker within the period beginning 90 days before and ending 90 days after the date of filing a petition for an H1B nonimmigrant supported by the application. See 20 CFR 655.738. (B) Secondary Displacement: The employer will not place any H-1B nonimmigrant employed pursuant to this application with any other employer or at another employers worksite UNLESS the employer applicant first makes a bona fide inquiry as to whether the other employer has displaced or intends to displace a similarly employed U.S. worker within the period beginning 90 days before and ending 90 days after the placement, and the employer applicant has no contrary knowledge. If the other employer displaces a similarly employed U.S. worker during such period, the displacement will constitute a failure to comply with the terms of the labor condition application and the employer applicant may be subject to civil money penalties and debarment. See 20 CFR 655.738. (C) Recruitment and Hiring: Prior to filing any petition for an H-1B nonimmigrant pursuant to this application, the employer took or will take good faith steps meeting industry-wide standards to recruit U.S. workers for the job for which the nonimmigrant is sought, offering compensation at leas as great as required to be offered to the H-1B nonimmigrant. The employer will (has) offer(ed) the job to any U.S. worker who (has) applied and is equally or better qualified than the H-1B nonimmigrant. See 20 CFR 655.739 This labor condition statement C does not apply to the employment of an H-1B nonimmigrant who is a priority worker (defined as a person with extraordinary ability, or outstanding professors or researchers, or certain multi-national executives or managers) within the meaning of Section 203 (b)(1)(A), (B) or (C) of the Immigration and Nationality Act, 8 U.S.C. 1153. Instructions for Section G: Public Disclosure Information Mark the appropriate circle identifying where documentation concerning this application will be maintained. Instructions for Section H: Declaration of Employer The application must be signed by an official designated by the employer and authorized by the employer to agree to the statements herein on the employers behalf.

Instructions for Section I: Contact Information 14 Enter information in this section only if the person to whom questions regarding this application should be directed is different from the hiring or other designated official signing the application on behalf of the employer. 1. Contact First Name and Middle Initial (MI): Self-Explanatory 2. Contact Last Name: Self-Explanatory 3. Contact Phone Number and Extension: Self-Explanatory

5.2 Three Digit Occupational Group Codes

Occupations in architecture, engineering, and surveying
001 Architectural occupations 002 Aeronautical engineering occupations 003 Electrical/electronics engineering occupations 005 Civil engineering occupations 006 Ceramic engineering occupations 007 Mechanical engineering occupations 008 Chemical engineering occupations 010 Mining and petroleum engineering occupations 011 Metallurgy and metallurgical engineering occupations 012 Industrial engineering occupations 013 Agricultural engineering occupations 014 Marine engineering occupations 015 Nuclear engineering occupations 017 Drafters 018 Surveying/cartographic occupations 019 Other occupations in architecture, engineering, and surveying

Occupations in mathematics and physical science

020 Occupations in mathematics 021 Occupations in astronomy 022 Occupations in chemistry 023 Occupations in physics 024 Occupations in geology 025 Occupations in meteorology 029 Other occupations in mathematics and physical sciences Computer - Related Occupations 030 Occupations in systems analysis and programming 031 Occupations in data communications and networks 032 Occupations in computer system user support 033 Occupations in computer system technical support 039 Other computer-related occupations Occupations in Life Sciences 040 Occupations in agricultural sciences 041 Occupations in biological sciences 045 Occupations in psychology 15 049 Other occupations in life sciences Occupations in Social Sciences 050 Occupations in economics 051 Occupations in political science 052 Occupations in history 054 Occupations in sociology 055 Occupations in anthropology 059 Other occupations in social sciences Occupations in Medicine and Health 070 Physicians and surgeons 071 Osteopaths 072 Dentists 073 Veterinarians

074 Pharmacists 075 Registered nurses 076 Therapists 077 Dieticians 078 Occupations in medical and dental technology 079 Other occupations in medicine and health Occupations in Education 090 Occupations in college and university education 091 Occupations in secondary school education 092 Occupations in preschool, primary school, and kindergarten education 094 Occupations in education of persons with disabilities 096 Home economists and farm advisers 097 Occupations in vocational education 099 Other occupations in education Occupations in Museum, Library, and Archival Sciences 100 Librarians 101 Archivists 102 Museum curators and related occupations 109 Other occupations in museum, library, and archival sciences Occupations in Law and Jurisprudence 110 Lawyers 111 Judges 119 Other occupations in law and jurisprudence Occupations in Religion and Theology 120 Clergy 129 Other occupations in religion and theology Occupations in Writing 131 Writers 16 132 Editors: publication, broadcast, and script 139 Other occupations in writing Occupations in Art 141 Commercial artists: designers and illustrators, graphic arts 142 Environmental, product, and related designers 149 Other occupations in art Occupations in Entertainment and Recreation 152 Occupations in music 159 Other occupations in entertainment and recreation Occupations in Administrative Specializations 160 Accountants, auditors, and related occupations 161 Budget and management systems analysis occupations 162 Purchasing management occupations 163 Sales and distribution management occupations 164 Advertising management occupations 165 Public relations management occupations 166 Personnel administration occupations 168 Inspectors and investigators, managerial and public service 169 Other occupations in administrative occupations Managers and Officials 180 Agriculture, forestry and fishing industry managers and officials 181 Mining industry managers and officials 182 Construction industry managers and officials 183 Manufacturing industry managers and officials 184 Transportation, communication, and utilities industry managers and officials 185 Wholesale and retail trade managers and officials 186 Finance, insurance, and real estate managers and officials 187 Service industry managers and officials 188 Public administration managers and officials 189 Miscellaneous managers and officials Miscellaneous Professional, Technical, and Managerial Occupations

195 Occupations in social and welfare work 199 Miscellaneous professional, technical, and managerial occupations Sales Promotion Occupations 297 Fashion models Miscellaneous 137 Interpreters and translators 143 Occupations in photography 144 Fine artists 150 Occupations in dramatics 151 Occupations in dancing 153 Occupations in athletics and sports 17 191 Agents and appraisers 193 Radio operators 194 Sound, film 196 Airplane pilots 197 Ship captains 198 Railroad conductors

5.3 What is the Prevailing Wage Request Form?

The prevailing wage request form is used to obtain the prevailing wage for the job title, job duties, minimum experience, education, and training that you specify. The prevailing wage is necessary to know and needs to be entered on Form ETA 9035.

5.4 How to Obtain the Prevailing Wage from Published Sources

Prevailing Wage Sources on the Internet can found at The U.S. Department of Labor: http://www.flcdatacenter.com Below are organizations that will provide prevailing wage information for a fee. The benefits of going this route as opposed to the State DOL can be twofold. First, you may get the wage information quicker. Second, if you are an employer looking for a lower wage than the State offers, you may find it here. Economic Research Institute http://www.erieri.com Tel: (425) 556-0205 Fax: (800) 753-4415 Human Resources Programs Development and Improvement 814 Vista Way Deptford, NJ 08096 Phone/Messages: (609) 254-5893 Fax: (609) 232-6989 http://www.wageweb.com 18

5.5 How to Obtain the Prevailing Wage from the State Department Of Labor
1. Call, fax, or write the Prevailing Wage office in the State that the job will be located in. 2. Complete the Prevailing Wage form using the Job Title and Job Description from the: Dictionary of Occupational Titles U.S. Department of Labor Employment and Training Administration This can be found at most libraries or on the Internet at: http://www.oalj.dol.gov/libdot.htm 3. Fax or mail the completed Prevailing Wage Request form to the fax number or address on the Prevailing Wage Request Form. 4. Within 4 weeks, you will receive the prevailing wage for the Job Title and Job Duties that you specified. 5. This information is then transferred to the Form ETA-9035, the Labor Condition Application.

5.6 Department of Labor Addresses Alaska

Alaska Department of Labor Prevailing Wage Unit Attn: Cora Miller P.O. Box 25501 Juneau, AK 99802-5501 Ph. (907) 465-5956 Fax (907) 465-5558

Alabama
Alabama State Employment Service Industrial Relations Building Room 246 649 Monroe Street Montgomery, AL 36131 Ph. (334) 242-8039 Fax (334) 242-8585

Arizona
Arizona Department of Economic Security AEC Prevailing Wage Unit P.O. Box 6123 Site Code 730 A Phoenix, AZ 85005 Ph. (602) 542-2264 Fax (602) 542-2110

Arkansas
Arkansas Employment Security Dep. P.O. Box 2981 Attn: Prevailing Wage Specialist Little Rock, AR 72203 Ph. (501) 682-3129 Fax: (501) 682-3144

California
Prevailing Wage Specialist Prevailing Wage Unit P.O. Box 826216 PWU-1, Sacramento, CA 94299-0027 Fax: (916) 262-2500

Colorado
Department of Labor Mr. Wilbur Sanchez Labor Certification, Tower 2, Suite 400 1515 Arapahoe Street, Denver, CO 80202-2117 Ph. (303) 620-4206 Fax (303) 620-4257

Connecticut
State of Connecticut Alien Labor Certification Unit 200 Folly Brook Blvd. Wethersfield, CT 06109 Fax: (203) 566-6700

19

Delaware
Department of Labor Division of Employment and Training P.O. Box 9828 Wilmington, DE 19809-0828 Fax: (302) 761-6598

Florida
Florida Dep. Of Labor and Employment Security Bureau of Labor Market Information, Hartman Building, Suite 200 2012 Capital Circle Southeast Tallahassee, FL 32399-2151

Ph. (904) 488-1048 Fax: (904) 921-0776

Georgia
Alien Certification Unit Suite 450, Sussex Place 148 International Blvd. N.E. Atlanta, GA 30303-1751 Ph. (404) 656-3163 Fax: (404) 656-3039

Hawaii
State of Hawaii Department of Labor and Industrial Relations Workforce Development Division 830 Punchbowl Street, Room 112 Honolulu, HI 96813 Ph. (808) 586-8708 Fax: (808) 586-8724

Idaho
Department of Labor Prevailing Wage Specialist Research and Analysis Bureau 317, Main Street Boise, ID 83735 Ph. (208) 334-6174 Fax: (208) 334-6455

New Hampshire
Labor Certification Unit South Main Street Concord, NH 03301-4857 Ph. (603) 224-3311 Fax: (603) 229-4321

New Jersey
Office of Alien Labor Certification NJ Dep. Of Labor P.O. Box 053 Trenton, NJ 08625-0053 Fax: (609) 777-3570

New Mexico
New Mexico Dep. Of Labor Attn: ER&A Wage Info Herb Greenwall P.O. Box 1928 Albuquerque, NM 87103 Ph. (505) 841-8643 Fax: (505) 841-9007

New York
New York State Dep. Of Labor Alien Employment Certification Office P.O. Box 703 New York, NY 10014-0703 Fax: (212) 352-6714

North Carolina
Employment Security Commission of NC Applicant Services Unit P.O. Box 27625 Raleigh, NC 27611 Ph. (919) 733-4896 Fax: (919) 733-3010

North Dakota
Job Service North Dakota Attention Research and Statistics P.O. Box 5507 Bismarck, ND 58606-5507 Voicemail: (701) 328-3048 Fax: (701) 328-4193

Ohio
Ohio Bureau of Employment Services Attn: Alien Labor Certification 145 S Front St. Columbus, Ohio 43215 Fax: (614) 728-6031

Oklahoma
Oklahoma Employment Security Comm. Attn: Prevailing Wage Unit Room 305 Will Rogers Memorial Office Building P.O. Box 52003 Oklahoma City, OK 73152 Voicemail: (405) 557-7233 Fax: (405) 525-0139

Oregon
Oregon State Employment Dep. 875 Union Street NE Salem, OR 97311 Attn: Mary Wood Ph. (503) 947-1244 Fax: (503) 947-1210

20

Pennsylvania
Department of Labor and Industry Bureau of Employment Services and Training L&I Building, 7th and Forster Streets Room 1301 Harrisburg, PA 17120 Ph. (717) 787-4763 Fax: (717) 787-0517

Rhode Island
Rhode Island Department of Employment and Training 101 Friendship Street Providence, RI 02903 Ph. (401) 222-3702 Fax: (401) 222-3744

South Carolina
E & T Technical Services ALC-PW P.O. Box 1406 Columbia, SC 29202 Ph. (803) 737-2588 Fax: (803) 737-2588

Tennessee
Alien Labor Certification Unit Job Service Program and Technical Support TN Dept. of Employment Security Nashville, TN 37245-1200

Texas
Texas Employment Commission Austin, TX 78778 Ph. 1-800-252-9924, (512) 475-3473 Fax: (512) 475-2570

Utah
Prevailing Wage Unit Labor Market Immigration Services P.O. Box 45249 Salt Lake City, UT 84145-0249 Fax: (801) 536-7869

Vermont
Vermont Department of Employment And Training P.O. Box 488 Montpellier, VT 05601-0488 Attn: Terry LaManna Fax: (802) 828-4374

Virginia
Virginia Employment Commission Economic Immigration Services Prevailing Wage Unit P.O. Box 1358 Richmond, VA 23211 Ph. (804) 786-9948 Fax: (804) 786-2976 TDD: (804) 371-8050

Washington
Wage Unit, LMEA Employment Security Dep., MS: KG-11 Olympia, WA 98504 Ph. (206) 438-4809 Fax: (206) 438-4846

Washington D.C.
Prevailing Wage Unit 500 C St. NW, Room 323 Washington, DC 20001

West Virginia
Bureau of Employment Programs Cost Center 5206 112 California Ave. Charleston, WV 25305-0112 Ph. (304) 558-2850 Fax: (304) 558-6446

Wisconsin
DWE- Alien Labor P.O. Box 7972 Madison, WI 53707-7972 Fax: (608) 261-8506 Hand deliver 201E. Washington Ave. Rm. 211X, Madison, WI

Wyoming
Wyoming Department of Employment Employment Resources Division Fax: (307) 235-3293

21

6.0 STEP 2: FILING OF VISA PETITION BY THE EMPLOYER (FORM I-129)

6.1 Purpose of Form I-129
This form is for an employer to petition for an alien to come to the U.S. temporarily to perform services as an H-1B nonimmigrant after the LCA has been approved and returned to the employer with a DOL endorsement. The form establishes an individuals qualifications as an H-1B worker including the status. The individuals background is matching the particular job requirements. The U.S. employer has the necessary funds and ability to pay the your salary. The current filing instructions and application fees for form I-129 are available online at: http://www.usfees.com/i129

6.2 General filing instructions

Complete the basic form and relating supplement Indicate the specific classification you are requesting Please answer all questions by typing or clearly printing in black ink. Indicate that an item is not applicable with N/A If the answer is none, write none If you need extra space to answer any item, attach a sheet of paper with your name and your alien registration number (A#), if any, and indicate the number of the item to which the answer

refers. You must file your petition with the required Initial Evidence. The petition must be properly signed and filed with the proper fee. Any foreign language document must be accompanied by a full English translation, which the translator has certified as complete and correct, and by the translators certification that he or she is competent to translate from the foreign language into English. If the instructions state that a copy of a document may be filed with this petition, and you choose to send us the original, they USCIS we may keep that original for the records. Submit the petition in duplicate if you check block a or b in question 4 of Part 2 on the form. 22

6.3 Form I-129 Petition for a Nonimmigrant Worker

The immigration Form I-129 and Supplement H Petition for a Nonimmigrant Worker, must be completed and signed by the employer. Form I-129 provides the U.S. Citizenship and Immigration Services the following information: 1. Employer Information 2. Alien Information 3. Job Information The Supplement H provides the following information: 1. Classification sought 2. Proposed Duties 3. The Aliens present occupation and summary of prior work experience

6.4 Form I-129 Instructions

Part 1: Information about the employer filing the petition. Self-explanatory. Part 2: Information about this petition. 1. Requested Nonimmigrant Classification = H-1B1 2. Basis for Classification a) Check here if you are NOT currently on an H-1B visa b) Check here if you are filing for an extension of your H-1B visa with the same organization. c) Check here if you are transferring your H-1B from one organization to another. d) Check here if you are on an H-1B and you are filing for another concurrent H-1B 3. Prior Petition = If you checked b, c or d in Basis for Classification, enter your most recent petition number (It starts with either: EAC, SRC, LIN, or WAC). 4. Requested Action e) Check here if the alien is outside the U.S. and needs to pick up the H-1B visa at the American Consulate. f) Check here if the person is in the U.S. on another temporary visa (B-2, F-1, etc.) g) Check here if the alien is in the U.S. in H-1B status (transfer or concurrent H-1B) 5. Total # of Workers in this petition = ONE Part 3: Information about the person you are filing for = Self-explanatory (see sample form). Part 4: Processing Information = Self-explanatory (see sample form). 23 Part 5: Basic Information about the proposed employer and employee = Self-explanatory (see sample form). Note: For Gross and Net Annual Income, if the organization is a start up company, enter projected figures. For example Gross Annual Income: Projection: $ 500,000 Part 6: Employer signs here.

6.5 Supplement H
Name of Person or Organization Filing Petition: Name of Company Name of Person or total number of workers you are filing for: Mr. John Smith List the aliens and any dependent family members prior periods of stay in H classification the U.S. for the last 6 years: None, or 2/99 present Classification Sought: check H-1B1 Describe the proposed job duties: Either enter the duties here or write: See attached letter Aliens present occupation and summary of prior work experience: Either enter the information here or write: See attached documentation (resume, experience letters, etc.)

Statement for H-1B Specialty Occupations only: Employer signs here Statement for H-1B Specialty Occupations and DOD projects: Employer signs here

6.6 Other filing situations

Filing instructions for agents: A U.S. individual or company in business as an agent may file for types of workers who are traditionally self-employed or who traditionally use an agent to arrange short-term employment with numerous employers. A petition filed by an agent must include a complete itinerary of services or engagements, including dates, names and addresses of the actual employers, and the locations where the services will be performed. The agent must guarantee the wage offered and the other terms and conditions of employment by contract with the alien(s). Including more than one alien in a petition: Aliens who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition filed by an employer or agent in the following classifications if the dates of employment are the same: H-1B if they are members of the same entertainment group or athletic team (accompanying aliens must be filed for on a separate petition) 24 H-1B accompanying aliens if they will accompany the same H-1B or same H-1B group of artists, entertainers or athletes for the same period of time, in the same occupation, and in the same location(s) Multiple locations: A petition for alien(s) to perform services, labor, or receive training in more than one location must include an itinerary with the dates and locations where the services or training will take place. Each petition must reference all previously filed petitions using that certification. Petition always required: The following classifications always require a petition. A petition for new or concurrent employment of for extension where there is a change in previously approved employment must be filed with the initial evidence listed below, and with the initial evidence required by the separate instructions for a change of status or extension of stay. However, a petition for an extension based on unchanged, previously approved employment need only be filed with the initial evidence required in the separate extension of stay instructions.

6.7 Where to file

USCIS has previously instructed customers to file Form I-129 petitions at one of its four service centers. Once the amended filing instrutions take place effect on April 1, 2006, USCIS will still not reject any I-129 Forms send to the incorrect Service Center. Instead, USCIS, will accept the filing and redirect it to the correct location. The initial received date will be honored. The April 1st changes do not affect other aspects of the forms instructions and do not change the form itself. USCIS News Release March 24, 2006 As of April 1, 2006, Form I-129 along with appropriate documentation should be mailed to the Vermont Service Center: Vermont Service Center U.S. Citizenship and Immigration Services 75 Lower Weldon Street St. Albans, VT 05479-0001 Phone: (802) 527-4913 You will receive a notice of confirmation that your application is being processed together with a receipt for the fees. Check the USCIS website for the current filling fee: http://www.usfees.com/i129 25

CHECKLIST FOR H-1B VISA PETITION

Document

Required Documents From the Employer: 1) A letter from the employer containing the Job Title, Salary Offered and a Detailed Job Description. 2) A company Brochure and/or any marketing material. 3) A copy of Previous Years Financials or Annual Report. 4) Copy of Articles of Incorporation. 5) Copy of Business Lease. Required Documents From the Alien (Beneficiary): 6) Copy of all printed pages of Passport, current visa (if in the U.S.) & I-94. 7) Copy of Resume of beneficiary. 8) If beneficiary is in F-1 status, include copy of F-1 visa, I-20 and EAD Card 9) One of the following: Copy of aliens U.S. Baccalaureate (or higher) degree, or Copy of foreign degree and evidence that it is equivalent to the U.S. degree, or Evidence of education and experience which is equivalent To the required U.S. degree 10) Copies of transcripts from university degrees. 11) Copies of letters of experience from previous employers. 12) Copies of 3 most recent paychecks if worker is currently on an H-1B visa.

Check Here
___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ 26

6.8 When to file

File your petition as soon as possible, but no more than 5 months before the proposed employment will begin or the extension of stay is required. If you do not submit your petition at least 45 days before the employment will begin, petition processing, and subsequent visa issuance, may not be completed before the aliens services are required or previous employment authorization ends.

6.9 Processing Information

Acceptance: Any petition that is not signed, or is not accompanied by the correct fee, will be rejected with a notice that the petition is deficient. You may correct the deficiency and resubmit the petition. A petition is not considered properly filed until accepted by the USCIS. Initial processing: Once a petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and may be denied your petition. Requests for more information or interview: You may be requested more information or evidence, or you may be requested that you appear at an U.S. Citizenship and Immigration Services office for an interview You may also be requested to submit the originals of any copy. No returns will be given back when they are no longer required.

Decision: The decision on a petition involves separate determinations of whether you have established that the alien is eligible for the rested classification based on the proposed employment, and whether he or she is eligible for any requested change of status or extension of stay. The employer will normally be notified in writing within a few weeks informing that the papers are being processes. This does not include a decision. The written confirmation from the USCIS will include the immigration file number. The H-1B petition itself is normally approved within two to five months if the forms are filled out correct and all supplementary information is included. Form I-797, Notice of Action, is then send to the employer indicating that the petition is approved. Should the individual reside abroad, then Form I-797 is send to the U.S. consulate of your choice. 27

7.0 STEP 3: SUBMIT APPLICATION FOR H1B VISA

The actual H-1B visa is necessary to obtain before an individual can legally enter the United States. An individual trying to enter the United States with only an approved Form I-797 will not be allowed entry. The application for an H-1B visa (not petition which is done by the employer) must be done by yourself. The H-1B visa is necessary to obtain before legally entering the United States. Applicants that changed status to H-1B while residing within the United States must obtain the same visa if they leave the U.S. during their H-1B period and wants to return. Visas are only issued by U.S. consulates and U.S. embassies, not the USCIS. The process of obtain the H-1B visa includes the following forms and documents that must be brought to the consulate/embassy and filled out completely: Form DS-156, Nonimmigrant Visa Application. (Form is included) Form DS-157, Supplemental Nonimmigrant Visa Application. For males between 16-45. (Form is included) Form DS-158, Contact History and Work History for Nonimmigrant Visa Applicant. (Form is included) Form I-797B. This form is send by the USCIS to your and is the H-1B petition approval form. In some cases, the consulate or embassy would want to wait for the original Form I-797 be send directly to them. Consult the Consular for more information. A valid passport. If the spouse and unmarried children under 21 are applying for the H-4 visa, then each person must have a valid passport. One U.S. passport type photo. See appendix for how to take acceptable photos. Proof of family relationship between the H-1B visa applicant the spouse and children. Acceptable documents can be marriage certificates and birth certificates. Visa application fee. Normally the fee is paid in U.S. dollars, but amount can vary from country to country. It is recommended to contact the local Consular to find out the current fee. Visa issuance fee. Some countries charges a fee to issue the visa. Ask the local Consular if this fee is charged, and in case, how much it is. Appendix 1 includes a link to all U.S. embassies and U.S. consulates around the world. Some have long waiting times and require an appointment. It is recommended to contact the local U.S. consulate

or embassy to schedule and appointment and verify the fees and forms necessary to bring for the H1B visa application. If you reside outside your home country, it may be possible to obtain the H-1B visa in a third country. Contact the local U.S. consulate or embassy to inquire about this possibility. 28

8.0 STEP 4: ENTER U.S. LEGALLY AND CLAIM YOUR H-1B STATUS
Once the visa is approved, the H-1B worker have until the expiry date to enter the United States. When the individual enters the U.S. at the port of entry, the border officer will verify your paperwork and ask questions related to the job. As long as there are no problems, the individual will receive a stamp in passport and the I-94 card. The date on the I-94 card will normally be the same as the expiry date on the petition. Every time an H-1B individual travels outside the U.S., the I-94 cards needs to be surrendered. Once the individual returns, a new I-94 card will be issued. It is not recommended to stay in the United States beyond the date on the I-94 card. 29

9.0 RECEIVING FORM I-797, NOTICE OF RECEIPT

Form I- 797 is sent by the U.S. Citizenship and Immigration Services to the Petitioner (the company) a few weeks after the U.S. Citizenship and Immigration Services receives your petition. It has the following important elements: Receipt Number: In the top left hand corner, you will see a 13-digit receipt number starting with: EAC, LIN, SRC or WAC. Telephone Number: On the bottom left hand section of the form, you will find the U.S. Citizenship and Immigration Services telephone number. You may call this number to hear a recorded voice message telling you the status of your case. The number can be called 24 hours a day. It is usually busy during the day, and it is recommend to call at night. Processing Time: The form will give you an approximate number of days it takes to render a decision on your petition. 30

10.0 RECEIVING FORM A REQUEST FOR ADDITIONAL EVIDENCE

A request for additional evidence is a form that the petitioner will receive if the U.S. Citizenship and Immigration Services does not have enough information or documentation to render a decision on your case. The letter will tell you exactly what information or documentation the U.S. Citizenship and Immigration Services requires. You should: 1. Gather the documentation and information requested 2. Write a Cover Letter answering any direct questions the U.S. Citizenship and Immigration

Services has 3. Send it to the U.S. Citizenship and Immigration Services as quickly as possible On the following page is an example of a letter which describes how a company could write the letter back to the USCIS. 31

10.1 Example letter replying to a Request for Additional Evidence

(Company Letterhead Here)

Acme, Inc. 123 Main Street Any Town, NY 12345
Thursday, April 29, 20XX U.S. Citizenship and Immigration Services 75 Lower Welden Street St. Albans, VT 054790-0001 Re: EAC-99-xxx-xxxxx Dear Sir/Madam: Pursuant to your notice of action, please find enclosed the following: 1. Academic Credentials 2. Copy of Business Lease 3. Copy of Contract with Vendor 4. Copies of 2 Most Recent Quarterly Federal Tax Returns 5. Copy of Articles of Incorporation 6. Copy of Foreign Business Corporation 7. Marketing Presentation explaining the companies nature of business Please note that the industry standard for Programmer Analyst is a Bachelor of Science Degree in Computer Science or Engineering with coursework and experience computer programming. We have consulted with other comparable companies in the industry including Softech, Inc. Meganetwork Solutions, Inc., Raisin Art, Inc., and Geo Concepts Inc., and all have reported back similar requirements. Mr. Smith will working on internet projects that include migrating client databases to the internet. Mr. Smith has strong experience in Oracle programming. Oracle is the leading internet database application development software. The clients will be able to offer their customs full access to their inventory for ordering purposes. Please approve this petition as we have a contract to fulfill with Meganetwork Solutions of New York. Thank you for your attention to this matter. Sincerely,

Ronald Jones
Vice President 32

11.0 APPROVAL OF NOTICE

11.1 If the Alien is in the United States
The U.S. Citizenship and Immigration Services will send an Approval Notice with a new I-94 on the bottom to the petitioner (company). The alien may take the following to any American Consulate and they will stamp the passport with H1B Visa: Approval Notice A copy of the case that was filed with the U.S. Citizenship and Immigration Services A letter of employment from the employer

 Passport If the H-1B visa holders dependents (spouse and children) wish to transfer to H-4 status, they may apply for the H-4 visa at this time by filing form I-539 Application to Extend or Change Status. They will need to present the following: Copy of I-129H Approval Notice Copy of Marriage Certificate Copy of Birth Certificate Copy of Passport Copy of current I-94 U.S. Citizenship and Immigration Services Filing Fee. The current filing instructions and application fees for form I-539 are available online at: http://www.usfees.com/i539

11.2 If the Alien is Outside the United States

The petitioner will receive a Notice of Approval with information on the bottom advising what United States consulate the alien is to go to obtain the H-1B visa. The alien should have a complete copy of the case, certified by an attorney for accuracy, as well as the original approval notice. The consular officer may ask the alien a few questions regarding the position, job duties and company, to ensure no fraud is involved. The consular officer will then stamp the aliens passport with the H-1B visa and the alien is allowed to travel to the U.S. If the H-1B visa holder dependents (spouse and children) wish to accompany him, they may apply for the H-4 visa at this time or at a later time. They will need to present the following: I-129H Approval Notice Copy of Marriage Certificate Copy of Birth Certificate Passport 33

12.0 REJECTION OF APPLICATION

The U.S. Citizenship and Immigration Services will send a letter explaining why the Immigration Officer rejected the petition. There will be instructions on this letter explaining how to appeal. The petitioner has 30 days to respond. The processing time is 30 - 365 days. 34

13.0 EXTENDING THE H-1B PETITION

The H-1B visa can be extended for three years at the time, but only for a total of six years. The procedure for renewing the H-1B visa is normally easier than obtaining the initial visa. However, the process is not automatic, and the renewal may be denied. The following documents needs to be updated / included in the petition renewal: The petition filed by the employer The visa stamp A valid LCA (if the initial has expired) The I-94 card A copy of Form I-797 from the initial H-1B application A letter from the employer requesting the extension Copy of your U.S. income tax including any W-2 forms regarding the H-1B employee and his/her work only It is recommended to file for a petition renewal before the authorized stay expires. If this is done, the

H-1B work is authorized to work for another 240 days while the petition renewal is being processed. If more than 240 days go by without an approval, the H-1B worker must stop working. 35

14.0 RENEWING THE H-1B VISA

Renewals of H-1B and H-4 visa are no longer accepted by the Department of Statement as of July 16, 2004. H-1B workers must now apply abroad in person, normally in his or her country of residence. The reason behind this decision is based upon the Department of States lack of capacity to domestically acquire the biometric identifiers all visas are required to contain as of October 26, 2004. For information about necessary documentation, contact your local immigration lawyer or U.S. embassy in your home country. Appendix 1 contains a link to U.S. embassies and consulates worldwide. 36

15.0 YOUR RIGHTS AS AN H-1B WORKER

U.S. employment law offers different types of protection for H-1B workers: The employer must pay the H-1B worker within 30 days of entry into the U.S. if the individual is coming in from abroad. The employer is obligated to pay the H-1B worker within 60 days of the approval if the H-1B worker was already in the U.S. H-1B workers are prohibited from being put on involuntarily unpaid leave. Employees must be paid for any time during nonproductive status if this decision was made by the employer. There may be situations where you want to leave the company and begin to work for another company. As long as your new employer has filed Form I-129 on your behalf, you are allowed to start to work for a new employer. However, you will have to return to your home country to obtain a new visa, as visas are never issued in the U.S. 37

16.0 H-4 VISAS FOR SPOUSE AND CHILDREN

The H-4 visa permits dependent of the H-1B visa holders legal right to live in the United States. Holders of the H-4 visa may not work unless they receive work authorization. If the spouse and children are inside the U.S.: 1. The spouse and children will complete U.S. Citizenship and Immigration Services Form I-539 Application to Extend/Change Nonimmigrant Status (Form is included). 2. One form may be used for all dependents. Each dependent should submit copies of their passport, I-94 Arrival Departure Record, birth certificate, and marriage certificate (spouse). The filing fee should be sent to the appropriate Service Center. Refer to the instructions on Form I-539. 3. They will receive a new I-94 in the mail giving them H-4 Status. If the spouse and children are outside the U.S.: 1. The spouse and children go to the nearest American Consulate (Appendix I) in their home country. 2. They should bring a copy of the H-1B approval notice from the U.S. Citizenship and Immigration Services, their passports, birth certificate, and marriage certificate. They will be given the H-4 Visa stamped in their passport. 38

17.0 FROM H-1B VISA TO GREEN CARD

H-1B visa holders are classified as non-immigrants and depend on their employers to stay legally in the country. If the non-immigrant worker quits the job or is fired, he or she only has a certain amount of time to find a new employer that will have to file a new Labor Condition Application. The laid off worker also has the option of changing immigration status to permanent resident (Green Card holder) if he or she qualifies. Just being on an H-1B visa does not automatically lead to a Green Card. In fact, if the H-1B visa is not renewed, the nonimmigrant worker will only be allowed to work a maximum of three years before her or she must leave the country. H-1B visas can be renewed one time, giving the worker a maximum of six years to work in the United States on H-1B status. During the time that the H-1B worker is employed by an American company, the employer can act as the sponsor for the green card application. There are no specific guidelines for when an application for a green card should be submitted, but the key factor is that an American company needs to act as the sponsor. Usually the same company that sponsors the individual for an H-1B visa also sponsors the Green Card application. There are three conditions that must be met by the employer: 1. An approved Labor Certification must be filed 2. The immigration petition must be filed and approved 3. The adjustment petition must be filed and approved The process may take several years to complete. Once the H-1B worker receives the green card, he or she is free to change the job and receive all the benefits as a permanent resident of the United States. Logon to www.usimmigrationsupport.org/greencard_employment.html for more information. Besides being sponsored by an American company (as explained above), H-1B visa holders are also eligible to adjust status to permanent resident (Green Card holder) by other means. As long as an individual is on legal status in the United States, he or she can apply for a Green Card. The following are the most common ways H-1B visa holders can apply for a Green Card: Sponsored by an American Company The same company that sponsored the individual for a H-1B visa may also choose to sponsor the H-1B worker for a Green Card.. www.usimmigrationsupport.org/greencard_employment.html Marriage to a U.S. Citizen If the H-1B visa holder gets married to a United States citizen, he or she can apply for adjustment of status based on the marriage. www.usimmigrationsupport.org/greencard_marriage.html Investment If the H-1B visa holder is able to raise enough capital to start his or her own business, it is possible to obtain a green card through investment. www.usimmigrationsupport.org/greencard_investment.html 39

18.0 DO I NEED AN IMMIGRATION ATTORNEY?

You might wonder if an immigration attorney is necessary in order to successfully file your application. This chapter will cover some facts about immigration lawyers and why you should, or should not file your application with the assistance of an attorney. There are a number of do-it-yourself immigration packages where you do all the work yourself, including this immigration package. Nevertheless, where there are more choices, there is also more room for mistakes. The catch is that you must stay well informed in order to be sure you are not breaking any rules or submitting an incomplete application. With the help of the internet, long distance client/attorney relationships are available. One good reason for going with a lawyer is to ensure that you case is in good hands and being processed in the correct way. However, a lawyer who is not an expert in your case can make matters even worse, and you would have been better off on your own. A good immigration attorney knows what questions to ask in order to file your application correctly. However, it is advisable to learn the basics yourself. Staying informed will help you follow the application process carefully, and possibly spot mistakes that can jeopardized your application. You cannot have full control over your own situation, but you can at least see where it is going. We recommend you to study this application guide carefully. You are able to do everything yourself, but if you have questions or concerns we recommend you consult with the United States Consulate or Embassy in your country. If you are already in the United States, call the USCIS toll free number or visit your local USCIS office. Contact information for the USCIS offices can be found in the appendix at the end of this book. You may also contact an immigration attorney. In most U.S. cities, the Yellow Pages phone book has a long list of immigration attorneys. Some attorneys even offer the first consultation free of charge. You might be able to get some free advice before actually hiring an attorney or submitting the application yourself. 40

19.0 GLOSSARY OF TERMS

A" Number The term used on the Alien Registration number. An A number is issued to all aliens applying for permanent residence. Academic Training This type of training is for students on a J-1 visa. The training is similar to students on an F-1 visa doing the Optional Professional Training (OPT). However, academic training is only for J-1 visa holders. Acquired Citizenship Citizenship bestowed at birth on children who are born overseas to U.S. citizen parent(s). Act Act means the Immigration and Nationality Act (or INA), as amended. ACWIA American Competitiveness and Workforce Improvement Act of 1998. Adjudication The term describing the USCIS process of reviewing and processing applications and petitions. Admission Admission in immigration terms is related to the lawful entry into the United States after inspection and authorization by an immigration officer. Note that admission does excludes a person who is paroled or permitted to land temporarily. Adjustment of Immigrant Status A process that permits a number of foreigners who are already in the United States to apply for immigrant status. Foreigners who enter the United States as nonimmigrants, refugees, or parolees might have their status altered to that of legal permanent resident if they are qualified to obtain an immigrant visa and one is available right away. If the status is changed successfully, the alien is

considered an immigrant as of the date of the adjustment regardless if the alien may have been in the United States for a long period of time. Admission Number The particular number is found on your I-94 card, which will change every time you enter the Unites States. Remember to give this card back once your leave the U.S. so there is a record of your U.S. entry and departure. Advance parole The term used for legal permission to leave the United States and re-enter during the adjustment of the individuals status procedures. Affidavit of Support The affidavit of support is a sworn document provided by an individual who will provide financial support to an alien that seek to adjust existing status or enter the United States. In some cases, the Affidavit of Support is required and needs to be included as a part of the petition process. There are two Affidavits of Support: Form I-864 and Form I-134. The law and regulations must be consulted to learn the appropriate use and requirements for each. Aggravated Felon The description of an individual who has been convicted of any of numerous crimes set forth in INA Section 101(a)(43), 8 USC Section 1101. Aggravated felon status creates numerous substantive and procedural disabilities with respect to asylum, admissibility, removal, judicial review, etc., as set forth in INA Sections 298, 212, 237 - 242, 8 USC Sections 1158, 1182. Agricultural Worker An agricultural worker is a foreign worker who is coming to the United States to carry out agricultural work or services, as defined by the Secretary of Labor, for a temporary period of time as a nonimmigrant. AILA Abbreviation for American Immigration Lawyers Association. Alien Any person who is not a citizen or national of the United States of America; foreigner. Aliens Previously Removed A term used to describe the inadmissibility for individuals previously removed from anywhere between 5 to 20 years, depending upon the circumstances of each case. INA Section 212(a)(9)(A), 8 USC Section 1182. Amerasian Act Public Law 97-359 (Act of 10/22/82) that permits certain Amerasian children to immigrate to the United States. An alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen for him/her to meet the requirements for benefits under this law.

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Amerasian (Vietnam) Immigrant visas are granted to Amerasians under Public Law 100-202 (Act of 12/22/87). This law grants aliens who are born in Vietnam after January 1, 1962, and before January 1, 1976 admission to the United States provided he/she was fathered by a U.S. citizen. The alien may be accompanied by spouses, children, and parents or guardians. Applicant The individual applying for visa, change of status or citizenship. Application for Immigrant Visa and Alien Registration The procedures for applying for immigrant status through a U.S. consulate. Application Support Centers USCIS applications for Naturalization or to Register Permanent Residence or Adjust Status necessitate the USCIS to carry out a FBI fingerprint background check on the applicant. Most applicants that require a background check have to be present for one at a specific Application Support Center (ASC) or Designated Law Enforcement Agency (DLEA) for fingerprinting purposes. Apprehension Apprehension refers to arresting a removable foreigner by U.S. Immigration and Customs Enforcement (ICE). ASC Abbreviation for INS/USCIS Application Support Center Asylee A foreigner in the United States or at a port of entry who is established to be incapable or reluctant to go back to his or her country of nationality, or to ask for the protection from that country because of persecution or a well-substantiated fear of persecution. The reasons for fear of persecution have to be the foreigners race, religion, nationality, membership in a unique social group, or political views. The country of nationality is considered to be the country in which the foreigner most recently lived for those without any nationality. Asylees are entitled to adjust to the legal permanent resident category after one year of continuous presence in the United States. This category is limited to 10,000 adjustments per fiscal year. BCIS BCIS stands for the Bureau of Citizenship and Immigration Services. Beneficiaries Foreigners who obtain lawful immigration statuses as a result of their relationship to U.S. citizens, lawful permanent residents, or U.S. employers. BIA Abbreviation for Board of Immigrant Appeals. Bona Fide Genuine or authentic.

Border Crosser Border crosser is a foreign resident who reenters the United States after being not present for less than six months in Canada or Mexico. It also refers to a nonresident alien who reenters the United States via the Canadian border for stays that are less than six months or across the Mexican border for stays that are less than 72 hours. Business Nonimmigrant A foreigner who enters the United States on a temporary basis to take part in commercial deals that do not involve lucrative work in the United States such as someone who is involved in international commerce on behalf of a foreign company. Cancellation of Removal It is a legal procedure undertaken in front of an immigration judge in order to adjust the status of a foreigner from deportable to a legal permanent resident. Certificate of Citizenship It is a legal document that is issued to derivative citizens and foreigners who obtained U.S. citizenship in order to prove identity and U.S. citizenship. Certificate of Naturalization An official document which is issued by the Department of Homeland Security. The certificate is the proof that an individual has become a U.S. citizen (naturalized) after immigration to the United States. Change of Status The application process of changing status from one immigration status to another immigration status. CIS The abbreviation for "Citizenship and Immigration Services". See BCIS or USCIS. Citizenship Normally citizenship describes the country that a person is born in. However, a person can change citizenship in a process called naturalization. Civil Surgeons Doctors trained and certified by the U.S. Citizenship and Immigration Service. These are the doctors you should go to if USCIS asks you for immigration examinations. Conditional Resident Conditional residents are those foreigners who have conditional permanent

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resident status such as the spouse of an American citizen. They are usually required to formally request the elimination of the set conditions before the second anniversary of the approval of his or her conditional status. Consul A diplomat appointed by the United States government to protect its commercial interests and help its citizens in a foreign country . The consul is also responsible for issuing visas to non-U.S. citizens who wish to travel to the United States. Consular Processing This is the application process an alien goes through to apply for permanent residency at a U.S. Consulate in his or her home country. The applicant must have an approved I-140 in addition to an immigrant number. Consulate Official United States government office located in foreign country. Consulates deal with foreign trade and visa issues. Consulates are normally located in major cities. Continuity of Residence When an alien is seeking U.S. residency, an absence of more than one year will automatically lead to a break of the continuity of the aliens residence. The consequences of breaking the continuity is that the alien must begin the process all over again. While an applicant can get permission to leave the U.S. during the residency period, it is generally not recommended to do so. Conviction The process of a formal judgment of guilt entered by a court of competent jurisdiction. CPT CPT stands for Curricular Practical Training. CPT is a description for off-campus work permission granted to foreigners going to school or university in the U.S. where the work is a part of an internship. Crewman An alien who serves in a capacity obligatory for typical operations and service on board of a vessel or airplane. CSC Abbreviation for California Service Center Department of State The Department of State is an Executive Branch Department with jurisdiction over non-domestic issues. It is the government agency responsible for managing the United States foreign affairs. Departure under Safeguards The physical observation of an unlawful foreigner departing the United Sates by a

U.S. Immigration and Customs Enforcement officer. Dependent An official term used on the spouse and children of the principal applicant. Deportable Alien A deportable alien is anybody who entered the United States illegally or legally, but breached the terms of his/ her classification or status later on. Deportation Deportation is the legal act of removing an alien from the United States after he/she has been found removable for infringing the immigration laws. Deportation is ordered by an immigration judge without any kind of punishment. Derivative Citizenship U.S. citizenship passed on to children through the naturalization of parents or to foreign-born children adopted by U.S. citizen parents. DHS Abbreviation for Department of Homeland Security District Geographic regions into which the United States and its territories are divided for Immigration and Naturalization Services purposes. Diversity A category of immigrants from underrepresented countries and countries unfavorably affected by the Immigration and Nationality Act Amendments of 1965. The main goal of diversity visas is to increase immigrants from such countries. Diversity Country The description of a country that has low rates of immigration to the United States. The citizens of a diversity country can enter in the diversity visa program. Diversity Immigrant Visa Program The United States Government issues 50,000 Green Cards every year through the Diversity Immigrant Visa Program, commonly known as the Green Card Lottery. Applicants are selected randomly by a computer-generated drawing. Docket Control The USCIS means for following the case status of possible removable foreigners. DOL DOL is an acronym for the Department of Labor of the United States. DOS Abbreviation for Department of State Dual Intent Dual intent is the process of nonimmigrants in E, H, and L status that may simultaneously have intent to stay in the U.S. temporarily or permanently.

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EAD An Employment Authorization Document (EAD) is a work authorization card that is issued by the USCIS. The EAD is the size and shape of drivers license. Embassy Official United States government office located in foreign country. Embassies are usually located in the capital of the country. Embassies deal with political, economic, and visa issues. The local ambassador is in charge of the Embassy. Employer Sanctions U.S. employers who hire illegal immigrants are subject to civil fines or criminal penalties if a pattern of violations is found. Employment Authorization Letter An employment letter is needed for employees who wish to be sponsored for nonimmigrant work status or permanent resident status. The letter is completed by the sponsoring employer. Entry Visa The visa that the US State Department adds to a page in an individuals passport. The granting of an entry visa means that the US State Department is eligible to enter the U.S. for a particular purpose. Note that an expired visa does not affect an individuals legal stay in the U.S. As long as the I-94 card is valid, the visa can be expired. However, if the individual leaves the U.S., a valid visa is necessary to enter again. One cannot enter the U.S. with an expired visa. Exchange Visitor An exchange visitor is a foreigner who enters the United States as a partaker in an official program by the Secretary of State for the purpose temporarily. Some of the activities could be teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training. Exclusion Exclusion is the official term for denying an alien entry into the United States either through an expedited removal procedure or through removal proceedings in the presence of an immigration judge. Extension of Stay The term used to describe the application process of extending the stay period listed on Form I-94. F-1 Status F-1 is the visa type used by international students to enter the United States. The I-94 Form in the passport will be marked with the letters F-1 and D/S. D/S stands for Duration of Status. Fiance of U.S. Citizen A nonimmigrant foreigner who enters the United States to finalize a valid marriage within ninety days of her/his entry with a U.S. citizen Files Control Office An USCIS field office is either a district or a sub-office of that district where foreigners case files are maintained and controlled. Fiscal Year The fiscal year starts October 1 and ends in September 30. Foreign Affairs Manual (FAM) The abbreviation for Foreign Affairs Manual Chapter 41, which relates to nonimmigrant visas. Chapter 42 covers immigrant visas.

Foreign Alien/National Any person born outside the U.S. who is not a U.S. citizen or permanent resident. Foreign Government Official Foreigners who are accredited by a foreign government to work as diplomats, public ministers, career diplomatic or consular officials, other accredited officers, or assistants, servants or personal employees of accredited officials, and their spouses and dependent children. These officials enter the United States for a temporary period as nonimmigrants. Foreign Information Media Representative A foreigner who enters the United States temporarily as a bona fide envoy of foreign press, radio, film, or other foreign information media and the foreigners spouse and dependent children. Foreign State of Chargeability The independent country that an immigrant under the preference scheme is credited to. Form DS- 2019 This is a document that the university or school a person is attending provides to the new student which allows he or she to enter the U.S. legally through a J-1 visa. General Naturalization Provisions The General provisions that every naturalization applicant must meet such as being 18 years of age, a legal permanent resident with five years of continuous residence in the United States who have been physically present in the country for half that period and who have a good character for at least that period. Geographic Area of This term refers to Africa, East Asia, Latin America and the Caribbean, Near East

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Chargeability and South Asia, and the former Soviet Union and Eastern Europe. The world is divided into these areas for the preliminary admittance of refugees to the United States. Green Card A Green Card, officially known as a Permanent Resident Card (Form I-151 or Form I-551) is evidence of lawful permanent resident status in the United States. It allows a foreign national to live, work legally, travel abroad and return to the United States. Green Card holders may also apply for U.S. citizenship after a certain period of time. H-1B Worker The classification of an individual who qualifies to perform a specialty occupation in the U.S. The current period is three years with an option to renew the H-1B visa for another 3 years after the first period is over. Household Income The calculation of the income used to determine whether a sponsor meets the minimum income requirements under Section 213A of the Immigration and Nationality Act (INA). Immediate Relatives Immediate relatives are spouses of U.S. citizens, unmarried citizens children under the age 21, and parents of citizens 21 years of age or older. Immediate relatives are excused from the numerical limitations imposed on immigration to the United States Immigrant See Permanent Resident Alien. Immigration Act of 1990 Public Law 101-649 that increased the numerical limitations on legal immigration to the United States, amended the reasons for exclusion and deportation, allowed provisional protected status to foreigners of some countries, amended and established new nonimmigrant entrance classes, amended and extended the Visa Waiver Pilot Program, and amended naturalization authority and requirements. Immigration Judge A lawyer selected by the Attorney General to perform as an administrative judge within the Executive Office for Immigration Review. Immigration Judges are also in charge of removal proceedings. INA Section 240, 8 USC Section 1229a. Immigration and Nationality Act The Act regulates the immigration, temporary admission, naturalization, and removal of aliens besides other U.S. immigration laws, treaties, and conventions. Immigration Marriage Fraud Amendments of 1986

The law that discourages immigration-related marriage fraud by stipulating that foreigners who get their immigrant status based on a marriage of less than two years are conditional immigrants and should remove their conditional status by applying at an U.S. Citizenship and Immigration Services office during the 90-day period before the second-year anniversary of getting the conditional status. The conditional immigrant status may be ended and the foreigners deported if they cannot demonstrate that the marriage through which the status was obtained was and is a valid one. Immigration Reform and Control Act (IRCA) of 1986 The law which was passed to manage and discourage illegal immigration to the United States by making illegal foreigners who had been continuously unlawfully present since 1982 legal, legalizing certain agricultural workers, punishing employers who intentionally employ undocumented workers, and increasing enforcement at U.S. borders. Immigration Status An individuals immigration status is noted on the I-94 card by an Immigration Inspector at the U.S. port-of-entry. During the duration of a persons stay in the U.S., this designation is very important. A visa can for example expire if this designation is changed while you are in the United States. INA See Immigration and Nationality Act. Inadmissible This term refers to a foreigner who wants to enter the United States, but does not meet the entrance criteria set in the INA. The foreigner may be then removed or permitted to remove his or her application for admission in some cases. INS Abbreviation of "Immigration and Naturalization Service". The INS changed its official name on March 1, 2003 to USCIS (United States Citizenship and Immigration Services). INS was an extension of the U.S. Justice Department with responsibility for the admission and control of aliens. Intending Immigrant The terms used to describe any beneficiary of an immigrant visa petition filed under INA Section 204. An intending immigration is any individual who will

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accompany or follow-to-join the principal beneficiary. International Representative A nonimmigrant foreigner who enters the United States temporarily as a principal or other accredited representative of a foreign government to an international organization, an international organization officer or employee, and the foreigners spouse and unmarried children. Intracompany Transferee A foreigner who is engaged for at least one continuous year out of the last three by an international company and who requests to come into the United States temporarily to continue his/her work for the same employer as a manager, executive, or specialized worker, and the foreigners spouse and unmarried children. J-1 Exchange Visitor Visa J-1 visas are issued to individuals who take part in a wide range of exchange visitor programs sponsored by schools, businesses and a variety of organizations and institutions. The individual's Form I-94 should be marked "J-1" in addition to the letters "D/S" (Duration of Status). The duration of stay is the period of time that is noted on Form IAP-66/DS-2019. Joint Sponsor The description of a person who accepts legal responsibility for supporting an immigrant with an I-864 Affidavit of Support along with the sponsor. There are certain requirements for joint sponsors: he or she must be at least 18 years of age, an American citizen or lawful permanent resident and have a domicile in the United States. Jurisdiction The term used to describe the level of authority to apply the law in a given territory or region. K-1 Fiance/Fianc Visa The K-1 Visa, also known as the Fiance/Fianc Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. Kentucky Consular Center (KCC) KCC is a U.S. Department of State facility located in Williamsburg, Kentucky. The

main task of the office is to provide domestic support to the worldwide operations of the Bureau of Consular Affairs Visa Office. KCC also manages the Diversity Visa (DV) Program. Labor Certification Labor certification is a condition that U.S. employers should fulfill in order to hire certain skilled workers. The certification is issued by the Secretary of Labor and includes attestations by U.S. employers as to the statistics of U.S. workers available to take on the employment sought after by foreigners, and the consequence of the foreigners work on the wages and working conditions of U.S. workers who fold similar jobs. Last Residence This is a term that is frequently found on immigration and visa forms. The country of your Last Residence is the country that an individual lived in before entering the United States. Lawful Permanent Resident (LPR) Any person who is not a citizen of the United States and who lives in the U.S. under lawfully recognized and legally recorded permanent residence as an immigrant. Its also called Permanent Resident Alien, Resident Alien Permit Holder, and Green Card Holder. Legal Entry The process that most visitors and foreign workers go through when entering the United States via official borders. A U.S. Immigration and Naturalization Service Official inspects your documents and grants you permission to enter the United States. Legalization Dependents The spouses and children of foreigners who became legal immigrants under the stipulation of the Immigration Reform and Control Act of 1986 between 1992 and 1994. Legalized Aliens It refers to some illegal aliens who were entitled to submit an application for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. Legitimated A child is legitimated if a natural father of a child born out of wedlock acknowledges the child through a legal procedure. A legitimated child from any country has two legal parents and cannot qualify as an orphan unless only one of the parents is living or both of the parents have deserted the child.

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Medical Waiver A medical waiver allows an immigration applicant to be allowed into, or stay in the United States even though he/ she have health conditions that makes them inadmissible. Migrant A migrant is an individual who departs his/her country to live in another country. MSC Formerly the "Missouri Service Center" but now called the "National Benefits Center" or NBC. National An individual who has pledged allegiance to a certain country. National Interest Waiver (NIW) An immigrant visa for which can apply to outstanding aliens who are exceptional in their field. National of the United States A national of the United States is a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States. For more information, see INA Section 101(a)(22), 8 USC Section 1101(a)(22). Nationality The description used on an individuals citizenship or country where the person is deemed a national. NATO (North Atlantic Treaty Organization) Official A nonimmigrant foreigner who enters the United States temporarily as a member of the armed forces or as a civilian employed by the armed forces on assignment with a foreign government signatory to NATO, and the foreigners spouse and unmarried children. Naturalization The bestowment of citizenship upon a person when he/she is born. Naturalization Application The form used by legal permanent residents to submit an application for U.S. citizenship. NBC National Benefits Center. The formerly the "Missouri Service Center".

Nonimmigrant A foreigner who enters the United States temporarily for a specific purpose and who must fulfill two requirements: a permanent residence overseas and actual qualification for the nonimmigrant classification. Some of the nonimmigrant classifications are students, international representatives, temporary workers and trainees, exchange visitors, intracompany transferees, NATO officials, religious workers among others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor children. Nondiversity Country A country that high rates of immigration to the United States. Not that passport holders of non-diversity countries cannot participate in the Diversity Visa Program. Another word for non-diversity countries are occasionally called non-qualifying or excluded countries. Nonimmigrant status The term used to describe an individuals status for a set period of time. It is a limited status while in the United States. The individual is not a permanent resident of the United States while on a Nonimmigrant Status. Nonpreference Category This category was removed by the Immigration Act of 1990 and used to grant Nonpreference visas to qualified applicants who were not entitled to a visa under the preferences categories. North American FreeTrade Agreement (NAFTA) The agreement that governs the mutual trading relationship between the United States and Canada and establishes a similar relationship with Mexico. Not Subject to Numerical Limitation This means that an alien is entitled to immigrant status as an immediate relative within the meaning of INA 201(b)(2)(i), or as a special immigrant within the meaning of INA 101(a)(27) (A) and (B), unless specifically subject to a limitation other than under INA 201(a), (b), or (c). Notice of Action A form issued by the USCIS as a proof that a petition or application is received and in process. The Notice of Action is also issued by the USCIS as a receipt for paid fees. The Notice of Action number is I-797. This is not a downloadable form, it is sent to the applicant by the USCIS. NSC Nebraska Service Center Numerical Limit, Exempt from Those foreigners granted lawful permanent resident statuses and that are usually exempt from numerical limits set by the Immigration Act of 1990. Exempt categories consist of immediate relatives of U.S. citizens, refugees, asylees,

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Amerasians, aliens adjusted under the legalization provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former Soviet Union and Indochina. Nursing Relief Act of 1989 The act allows H-1 nonimmigrant registered nurses to become legal permanent residents if they had been employed as nurses for at least 3 years and who meet certain labor certification requirements. OPT OPT stands for Optional Practical Training. OPT is an opportunity for foreign students to work year of off-campus. An new OPT can received at different study levels. Parolee A parolee is a foreigner who appears to be inadmissible to the inspecting officer; however, he/she is permitted to enter the United States for urgent humanitarian reasons or when that foreigners admittance is deemed to be of an important public benefit. Parole is not an official right of entry to the United States and grants temporary status only, which require parolees to leave when the conditions supporting their parole stop to exist. Passport A document that is issued by the government of the country of your citizenship. Passports have expiry dates, and while you travel in the U.S. your passport must remain valid throughout the entire duration of your stay. Per-Country Limit The number limits of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. Permanent Resident Any person who is not a citizen of the United States and who lives in the U.S. under lawfully recognized and legally recorded permanent residence as an immigrant. It is also called Permanent Resident Alien, Resident Alien Permit Holder, and Green Card Holder.

Petition A generic word used to describe the forms used by the USCIS to determine eligibility for different visa categories. Port of Entry Any location in the United States or its territories where foreigners and U.S. citizens alike can enter the United States such as airports and border crossings. Practical Training A work program designed to let foreign students work in the United States after of during their university degree. Pre-Inspection The process of inspecting airport passengers before departing from foreign countries to the United States. The United States immigration does not require inspection upon arrival, however. Preference System (Immigration Act of 1990) The nine classes under which the family-sponsored and employment-based immigrant preference visas are granted as of 1992. Principal Alien It is the foreigner who submits an application for immigrant status and from whom another foreigner may get lawful status under immigration law or regulations such as spouses and children. The principal is the primary person applying as opposed to dependent. Example; TN is a principal classification, and TD is the dependent classification. Priority Date This term refers to the date a petition is filed during a USCIS Immigrant visa application process. If the foreigner relative has a priority date on or before the date listed in the visa bulletin, then he or she is currently eligible for a visa. Quota system The system used to limit the number of visas available to each country for particular visa classifications. Re-Entry Permit A declaration of an individuals intention to maintain U.S. permanent residence during prolonged absence from the United States. Its official name is "Form I-131, Application for Travel Document." - Note that the alien must be physically present in the United States to file an application for a re-entry permit. Refugee A refugee is anybody who is incapable or reluctant to go back to his/her country of nationality while they are in another country because he/she will be persecuted or afraid of being persecuted. The reasons for persecution or fear of persecution have to be the foreigners race, religion, nationality, membership in a unique social group, or political views. The country of nationality is considered to be the country in which the foreigner most recently lived for those without nationality. Refugees

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are entitled to adjust to the legal permanent resident category after one year of continuous presence in the United States. Refugee Approvals The number of refugees that are permitted to be admitted into the United States during a fiscal year. Refugee Arrivals The number of refugees that actually entered the United States during a fiscal year. Refugee Authorized Admissions The ceiling number of refugees allowable to come into the United States during a fiscal year which is decided by the President of the United States after consulting with Congress. Refugee-Parolee Refugee- parolees are those individuals who eligible for provisional admittance to the United States between February 1970 and April 1980, but could not be accepted because of insufficient numbers of seventh preference visas. As a consequence, these individuals entered the United States as parolees. Regional Offices There are three USCIS Regional Offices that supervise the work of USCIS Districts and Border Patrol Sectors. They are located in Burlington, VT, for the Eastern Region, Dallas, TX, for the Central Region, and Laguna Nigel, CA, for the Western Region. Registry Date Aliens who have continuously resided in the United States since January 1, 1972, are of good moral character, and are not inadmissible, are eligible to adjust to legal permanent resident status under the registry provision. Before the Immigration Reform and Control Act of 1986 amended the date, aliens had to have been in the country continuously since June 30, 1948 to qualify. Regulation A rule which is established under the provisions of INA 104(a). The rule is further duly published in the Federal Register. Removal The process of removing foreigners from the United States which justified because they are found to be either inadmissible or deportable. Request for Evidence (RFE) A letter that the USCIS uses to request additional information on a pending case. Resident Alien Any person who is not a citizen of the United States and who lives in the U.S.

under lawfully recognized and legally recorded permanent residence as an immigrant. It is also called Permanent Resident Alien, Resident Alien Permit Holder, and Green Card Holder. Service Centers There are four service offices in the United States that are responsible for filing, data entry, and arbitration of some applications for immigration services and benefits. Service Centers are not staffed to receive walk-in applications or questions, so all applications have to be mailed. SEVIS SEVIS stands for The Student Exchange Visitor Information System. This particular system is used by the federal government to monitor student visas in the United States. Special Agricultural Workers (SAW) Foreigners who worked in perishable agricultural commodities for a specified period of time and were allowed to enter the United States for short-term and then became permanent residents under a provision of the Immigration Reform and Control Act of 1986. Special Immigrants Some classes of immigrants who were excepted from numerical restrictions before fiscal year 1992 and subject to control under the employment-based fourth preference beginning in 1992 such as persons who lost citizenship by marriage, persons who lost citizenship by serving in foreign armed forces and so forth. Sponsored Immigrant An immigrant on whose behalf a sponsor has executed an affidavit of support. The affidavit of support includes any spouse or child who will accompany or follow-tojoin the beneficiary of an immigrant visa petition filed by a sponsor. Stowaway A foreigner who comes secretly to the United States by hiding in an airplane or ship without being officially authorized to enter. Such a person will be denied admission and will be returned to the point of embarkation by the transporter. Subject to the Numerical Limit The classes of legal immigrants subject to numerical limitations under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest classes are the family-sponsored preferences, employment49 based preferences, and diversity immigrants. Suspension of Deportation A remedy in deportation proceedings which must be initiated before removal proceedings began under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [IIRAIRA] on April 1, 1997. It involves certain individuals who have been in the U.S. for 7 or 10 years and who met other criteria as set forth in former INA Section 244(a). Temporary Protected Status (TPS) The TPS sets up a legislative foundation for permitting a group of people provisional refuge in the United States. The Attorney General may select nationals of a foreign country to be entitled for TPS with a finding that conditions in that country present a risk to personal safety because of continuing armed wars or a natural catastrophe. TPS is allowed for periods of 6 to 18 months in the beginning and may be extended depending on the situation. Removal procedures are generally suspended against foreigners while they are in Temporary Protected Status. Temporary Worker Nonimmigrant temporary worker classes of admission, who come to the United States to work temporarily, are: Treaty Trader or Investor A nonimmigrant foreigner coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to perform extensive trading or to manage the business in which he/she has invested a considerable sum of money in addition to the spouse and unmarried minor children. United States-Canada Free-Trade Agreement The agreement that governs the mutual trading relationship between the United States and Canada and establishes a similar relationship with Mexico. USCIS USCIS is abbreviated for United States Citizenship and Immigration Services. It is a bureau created under the Department of Homeland Security. The former official name was INS, but INS was replaced by USCIS on 3/1/2003. Visa A United States visa grants the holder the right to apply for entry to the United

States, but does not grant the visa holder the right to enter the United States. Entry can be refused at the port of entry. The Department of State (DOS) is in charge of visa administration at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHS), Bureau of Customs and Border Protection (BCBP) immigration inspectors decide admittance, duration of stay and conditions in the U.S. at a port of entry. DHS immigration inspectors will record the terms of your admission on your I-94 or I-94W and in your passport upon approval of entry. Visa Waiver Program The program permits citizens of certain countries to enter the U.S. for business or pleasure up to 90 days. The following countries are currently in the visa waiver program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. VSC Vermont Service Center. Western Hemisphere Used on North America, Central America, South America, and the adjacent islands according to INA 101(b)(5). Work Permit A work permit is normally used to describe an Employment Authorization Document.

50

APPENDIX 1
United States Embassies and Consulates Worldwide
The United States of America has embassies and consulates in almost every country in the world (with a few exceptions). For a full list of all U.S. embassies and consulates worldwide, please visit the link below.

http://usembassy.state.gov
51

APPENDIX 2
USCIS Application Support Centers (ASC)
National Toll Free Telephone Number: 1-800 375-5283
Alabama
BIRMINGHAM APPLICATION SUPPORT CENTER Beacon Center 529 Beacon Parkway West Suite 101/106 Birmingham, AL 35209 Open: Tuesday Saturday 8:00 AM 4:00 PM

Alaska
ANCHORAGE APPLICATION SUPPORT CENTER 620 E. 10th Avenue Suite 7 Anchorage, AK 99501 Open: Mon-Fri 8:00 AM 4:00 PM

Arizona
PHOENIX APPLICATION SUPPORT CENTER 2545 E. Thomas Road Phoenix, AZ 85016 Open: Tues-Sat 8:00 AM 4:00 PM TUCSON APPLICATION SUPPORT CENTER 1835 South Alvernon Suites 216/217 Tucson, AZ 85711 Open: Tues-Sat 8:00 AM 4:00 PM YUMA APPLICATION SUPPORT CENTER 3250 S. 4th Avenue Suite E Yuma, AZ 85365 Open : Tues-Sat 8 :00 AM 4 :00 PM

Arkansas
FORT SMITH APPLICATION SUPPORT CENTER 4977 Old Greenwood Road Fort Smith, AR 72903 Open: Mon-Fri 8:00 AM 4:00 PM

California
BAKERSFIELD APPLICATION SUPPORT CENTER

4701 Planz Road Suite A12 Bakersfield, CA 93309 Open: Tues-Sat 8:00 AM 4:00 PM BELLFLOWER APPLICATION SUPPORT CENTER Bellflower Plaza 17610 Bellflower Blvd. Suite A-110 Bellflower, CA 90706 Open: Tues-Sat 8:00 AM 4:00 PM BUENA PARK APPLICATION SUPPORT CENTER 8381 La Palma Avenue Suite A Buena Park, CA 90620 Open : Tues-Sat 8 :00 AM 4 :00 PM GOLETA APPLICATION SUPPORT CENTER 6831-B Hollister Avenue Goleta, CA 93117 Open: Tues-Sat 8:00 AM 4:00 PM CALEXICO APPLICATION SUPPORT CENTER 16 Heffernan Avenue Calexico, CA 92231 Open : Mon-Fri 8 :00 AM 4 :00 PM EL MONTE APPLICATION SUPPORT CENTER Golden Vista Plaza 9251 Garvey Avenue Suite Q South El Monte, CA 91733 Open: Tues-Sat 8:00 AM 4:00 PM FRESNO APPLICATION SUPPORT CENTER 4893 E. Kings Canyon Fresno, CA 93727 Open: Tues-Sat 8:00 AM 4:00 PM SACRAMENTO APPLICATION SUPPORT CENTER 731 K Street Suite 100 Sacramento, CA 95814 Open : Tues-Sat 8 :00 AM 4 :00 PM

52
GARDENA APPLICATION SUPPORT CENTER 15715 Crenshaw Blvd. Room B-112 Gardena, CA 90249 Open: Tues-Sat 8:00 AM 4:00 PM LOS ANGELES WILSHIRE ASC 888 Wilshire Blvd. Los Angeles, CA 90017 Open: Mon-Fri 8:00 AM 4:00 PM FAIRFAX APPLICATION SUPPORT CENTER 5949 W. Pico Blvd Los Angeles, CA 90035 Open: Tues-Sat 8:00 AM 4:00 PM MODESTO APPLICATION SUPPORT CENTER 901 N. Carpenter Road. Suite 14 Modesto, CA 95351 Open: Tues-Sat 8:00 AM 4:00 PM OAKLAND APPLICATION SUPPORT CENTER 2040 Telegraph Avenue Oakland, CA 94612 Open: Tues-Sat 8:00 AM 4:00 PM OXNARD APPLICATION SUPPORT CENTER Carriage Square 250 Citrus Grove Lane # 100 Oxnard, CA 93036 Open: Tues-Sat 8:00 AM 4:00 PM POMONA APPLICATION SUPPORT CENTER 435 W. Mission Blvd. Suite 110 Pomona, CA 91766 Open : Tues-Sat 8 :00 AM 4 :00 PM RIVERSIDE APPLICATION SUPPORT CENTER 10082 Magnolia Avenue Riverside, CA 92503 Open : Tues-Sat 8 :00 AM 4 :00 PM SALINAS APPLICATION SUPPORT CENTER Santa Rita Plaza 1954 N. Main Street Salinas, CA 93906 Open : Tues-Sat 8 :00 AM 4 :00 PM SAN DIEGO APPLICATION SUPPORT CENTER 2509 El Cajon Blvd San Diego, CA 92104 Open: Tues-Sat 8:00 AM 4:00 PM SAN FRANCISCO APPLICATION SUPPORT CENTER 250 Broadway San Francisco, CA 94111

Open: Tues-Sat 8:00 AM 4:00 PM SAN JOSE APPLICATION SUPPORT CENTER 122 Charcot Avenue San Jose, CA 95131-1101 Open: Tues-Sat 8:00 AM 4:00 PM SAN MARCOS APPLICATION SUPPORT CENTER 727 W. San Marcos Blvd # 101 102 San Marcos, CA 92069 Open: Tues-Sat 8:00 AM 4:00 PM SANTA ANA APPLICATION SUPPORT CENTER 1666 N. Main Street # 100 A Santa Ana, CA 92701 Open : Tues-Sat 8 :00 AM 4 :00 PM SANTA ROSA APPLICATION SUPPORT CENTER 1401 Guerneville Road # 100 Santa Rosa, CA 95403 Open : Tues-Sat 8 :00 AM 4 :00 PM VAN NUYS APPLICATION SUPPORT CENTER 14515 Hamlin Street Suite 200 Van Nuys, CA 91411 Open: Tues-Sat 8:00 AM 4:00 PM

Colorado
DENVER APPLICATION SUPPORT CENTER 15037 E. Colfax Avenue Unit G Aurora, CO 80011 Open: Tues-Sat 8:00 AM 4:00 PM GRAND JUNCTION ASC 2454 Highway 6 and 50 Valley Plaza Suite 115 Grand Junction, CO 81505 Open: Tues Sat, 8:00 AM 3:45 PM

Connecticut
HARTFORD APPLICATION SUPPORT CENTER 249 Pearl Street Hartford, CT 06103 Open: Tues-Sat 8:00 AM 4:00 PM

Delaware
DOVER APPLICATION SUPPORT CENTER Blue Hen Corporate Center 655 South Bay Road, Suite 4E Dover, DE 19901-4699 Open: Tuesday-Saturday 8:00 AM 4:00 PM

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District of Columbia
DISTRICT OF COLUMBIA ALEXANDRIA APPLICATION SUPPORT CENTER 8850 Richmond Highway Alexandria, VA 22309-1586 Open: Tuesday Saturday 8:00 AM 4:00 PM

Florida
FT. LAUDERDALE APPLICATION SUPPORT CENTER 11690 State Road 84 Davie, FL 33325 Open: Tues-Sat 8:00 AM 4:00 PM HIALEAH APPLICATION SUPPORT CENTER Westland Promenade 3700 West 18th Avenue #110 Hialeah, FL 33012 Open: Tues-Sat 8:00 AM 4:00 PM JACKSONVILLE APPLICATION SUPPORT CENTER 4121 Southpoint Boulevard Jacksonville, FL 32216 Open : Mon-Fri 8 :00 AM 4 :00 PM MIAMI APPLICATION SUPPORT CENTER 11865 SW 26th Street (Coral Way) Suite J-6 Miami, FL 33175 Open: Tues-Sat 8:00 AM 4:00 PM MIAMI BISCAYNE APPLICATION SUPPORT CENTER 521 NE. 81st Street, Bay 11 Miami, FL 33138 Open: Tues-Sat 8:00 AM 4:00 PM ORLANDO APPLICATION SUPPORT CENTER Terracotta Business Center - 5449 S Semoran Blvd #18C Orlando, FL 32822 Open: Tues-Sat 8:00 AM 4:00 PM TAMPA APPLICATION SUPPORT CENTER 9280 Bay Plaza Boulevard Suite 726 Tampa, FL 33619 Open: Tues-Sat 8:00 AM 4:00 PM

WEST PALM APPLICATION SUPPORT CENTER 2711 Exchange Court West Palm Beach, FL 33401 Open: Tues-Sat 8:00 AM 4:00 PM

Georgia
ATLANTA APPLICATION SUPPORT CENTER 3523 Buford Highway # 100 ATLANTA, GA 30329 Open: Tues-Sat 8:00 AM 4:00 PM

Guam
AGANA APPLICATION SUPPORT CENTER 108 Hernan Cortez Ave. Sirena Plaza #100 Hagatna, GU 96910 Open : Mon Fri 8 :00 AM 4 :00 PM

Hawaii
HONOLULU APPLICATION SUPPORT CENTER 677 Ala Moana Blvd. Suite # 102/103 Honolulu, HI 96813 Open: Tues Sat 8:00 AM 4:00 PM

Idaho
BOISE APPLICATION SUPPORT CENTER 1185 South Vinnell Way Boise, ID 83709 Open: Monday Friday 8:00 AM 3:45 PM IDAHO FALLS APPLICATION SUPPORT CENTER 1820 E. 17TH Street Suite 190 Idaho Falls, ID 83404 Open: Mon Fri 8:00 AM 4:00 PM

Illinois
CHICAGO BROADWAY ASC 4853 N. Broadway NORRIDGE HARLEM ASC 4701 North Cumberland Avenue # Suites 1-3 BCD

54
Chicago, IL 60640 Open: Tues Sat 8:00 AM 4:00 PM CHICAGO PULASKI ASC Super Mall Space 101 5160 S. Pulaski Ave. Chicago, IL 60632 Open: Tues Sat 8:00 AM 4:00 PM CHICAGO NAPERVILLE ASC 888 South Route 59 Suite #124 Naperville, IL 60540 Open: Tues Sat 8:00 AM 4:00 PM Chicago, IL 60706 Open: Tues Sat 8:00 AM 4:00 PM WAUKEGAN ASC 25 South Greenbay RD. Waukegan, IL 60085 Open: Tues Sat 8:00 AM 4:00 PM HAMMOND ASC Indianapolis Blvd. (RT. 41) 7852 Interstate Plaza Drive Hammond, IN 46324 Open: Tues Sat 8:00 AM 4:00 PM

Indiana
INDIANAPOLIS APPLICATION SUPPORT CENTER 950 N. Meridian Street Room 400 Indianapolis, IN 46204 Open: Mon Friday, 8:00 AM to 4:00 PM

Iowa
DES MOINES APPLICATION SUPPORT CENTER 210 Walnut Street Room 371 Des Moines, IA 50309 Open: Mon Thur 8:00 AM 4:00 PM

Kansas
WICHITA APPLICATION SUPPORT CENTER 271 West 3RD ST. NORTH SUITE 1050 Wichita, KS 67202 Open: Mon Fri 8:00 AM 4:00 PM

Kentucky
LOUISVILLE APPLICATION SUPPORT CENTER 601 W. Broadway Room 22 Louisville, KY 40202-2250 Open: Mon-Fri 8:00 AM 4:00 PM

Louisiana
NEW ORLEANS APPLICATION SUPPORT CENTER 701 Loyola Avenue Room T-8011 New Orleans, LA 70113 Open: Mon-Fri 8:00 AM 4:00 PM

Maine
HOULTON APPLICATION SUPPORT CENTER Port Of Entry at end of Interstate 95 POB 189 Houlton, ME 04730 Open: Mon-Fri 8:00 AM 4:00 PM PORTLAND APPLICATION SUPPORT CENTER 176 Gannett Drive South Portland, ME 04106 Open: Mon-Fri 8:00 AM 4:00 PM

Maryland
BALTIMORE APPLICATION SUPPORT CENTER George H. Fallon Federal Buld. 31 Hopkins Plaza Baltimore, MD 21201 GLENMONT APPLICATION SUPPORT CENTER Glenmont Plaza 12331-C Georgia Ave. Wheaton, MD 20906

55
Open: Mon-Fri 8:00 AM 4:00 PM SALISBURY APPLICATION SUPPORT CENTER 119 W. Naylor Mill Road Suite 11 Salisbury, MD 21801 Open: Mon-Fri 8:00 AM 4:00 PM Open: Tues-Sat 8:00 AM 4:00 PM

Massachusetts
BOSTON APPLICATION SUPPORT CENTER 170 Portland Street Boston, MA 02114 Open: Tues-Sat 8:00 AM 4:00 PM

Michigan
DETROIT APPLICATION SUPPORT CENTER 2652 East Jefferson Ave. Detroit, MI 48207 Open: Tues-Sat 8:00 AM 4:00 PM GRAND RAPIDS APPLICATION SUPPORT CENTER 4484 Breton Road Kentwood, MI 49508 Open: Tues-Sat 8:00 AM to 4:00 PM SAULT ST. MARIE APPLICATION SUPPORT CENTER International Bridge Plaza Sault St. Marie, MI 49783 Open: Mon-Fri 8:00 AM 4:00 PM

Minnesota
DULUTH APPLICATION SUPPORT CENTER 208 Federal Bldg 515 W. First St. Duluth, MN 55802 Open: Monday-Thursday 8:00 AM 4:00 PM ST. PAUL APPLICATION SUPPORT CENTER 1360 University Ave. Suite 103 St. Paul, MN 55104 Open: Tues-Sat 8:00 AM 4:00 PM

Mississippi
JACKSON APPLICATION SUPPORT CENTER McCoy Federal Building 100 W Capitol St. Suite B8 Jackson, MS 39269 Open : Mon Fri 8 :00 AM 4 :00 PM

Missouri
KANSAS CITY APPLICATION SUPPORT CENTER 9747 N. Conant Avenue Kansas City, MO 64153 Open: Mon-Fri 8:00 AM 4:00 PM ST. LOUIS APPLICATION SUPPORT CENTER 1222 Spruce Street #1100 St. Louis, MO 63103 Open: Mon-Fri 8:00 AM 4:00 PM

Montana
HELENA APPLICATION SUPPORT CENTER 2800 Skyway Drive Helena, MT 59602 Open: Mon-Fri 8:00 AM 4:00 PM

Nebraska
OMAHA APPLICATION SUPPORT CENTER Millard Plaza 13822 30 T Plaza Omaha, NE 68137-4154 Open: Monday Friday 8:00 AM 3:30 PM

56
Nevada
LAS VEGAS APPLICATION SUPPORT CENTER 6175 South Pecos Road Las Vegas, NV 89120 Open: Tuesday Saturday 8:00 AM 4:00 PM RENO APPLICATION SUPPORT CENTER 1351 Corporate Blvd. Reno, NV 89502 Open: Monday Friday 8:00 AM 4:00 PM

New Hampshire
MANCHESTER, NH APPLICATION SUPPORT CENTER 803 Canal Street Manchester, NH 03101 Open: Monday Friday 8:00 AM 4:00 PM

New Jersey
HACKENSACK APPLICATION SUPPORT CENTER 116 Kansas St. Main Floor Hackensack, NJ 07601 Open: Tuesday Saturday 8:00 AM 4:00 PM NEWARK APPLICATION SUPPORT CENTER 24 Commerce Street Newark, NJ 07102 Open: Tuesday Saturday 8:00 AM 4:00 PM

New Mexico
ALBUQUERQUE APPLICATION SUPPORT CENTER 1605 Isleta Blvd. SW Suite C Albuquerque, NM 87105 Open: Tuesday Saturday 8:00 AM to 4:00 PM

New York
ALBANY APPLICATION SUPPORT CENTER 1086 Troy-Schenectady Road Latham, NY 12110 Open: Monday Friday 8:00 AM 4:00 PM BRONX APPLICATION SUPPORT CENTER 2378 Grand Concourse Bronx, NY 10458 Open: Tuesday Saturday 8:00 AM 4:00 PM BROOKLYN APPLICATION SUPPORT CENTER 227 Livingston Street Brooklyn, NY 11201 Open: Tuesday Saturday 8:00 AM 4:00 PM BUFFALO APPLICATION SUPPORT CENTER 130 Delaware Avenue Buffalo, NY 14202 Open: Monday Friday 8:00 AM 4:00 PM HEMPSTEAD APPLICATION SUPPORT CENTER 100 Main Street Suite B Hempstead, NY 11550 Open: Tuesday Saturday 8:00 AM 4:00 PM QUEENS/JAMAICA APPLICATION SUPPORT CENTER 162-24 Jamaica Avenue Jamaica, NY 11432 Open : Tuesday Saturday 8 :00 AM 4 :00 PM NEW ROCHELLE APPLICATION SUPPORT CENTER 246 North Avenue New Rochelle, NY 10802 Open: Tuesday Saturday 8:00 AM 4:00 PM NEW YORK VARICK APPLICATION SUPPORT CENTER 201 Varick Street Suite 1023 New York, NY 10014 Open Monday Friday 8:00 AM 4:00 PM JACKSON HEIGHTS APPLICATION SUPPORT CENTER 63-05 Roosevelt Avenue Woodside, NY 11377 Open: Tuesday Saturday 8:00 AM 4:00 PM

North Carolina
CHARLOTTE APPLICATION SUPPORT CENTER 4801 Chastain Ave. Building 10 Suite 175

Charlotte, NC 28217

57
Open: Tues-Sat 8:00 AM 4:00 PM

North Dakota
FARGO APPLICATION SUPPORT CENTER 657 2nd Avenue Suite 104 North Fargo, ND 58102 Open : Mon-Fri 8 :00 AM 4 :00 PM

Ohio
CINCINNATI APPLICATION SUPPORT CENTER 550 Main Street Room 1524 Cincinnati, OH 45202 Open: Monday Friday 8:00 AM 4:00 PM CLEVELAND APPLICATION SUPPORT CENTER AJC Federal Building 1240 E. 9th Street Room 1259 Cleveland, OH 44199 Open: Monday Friday 8:00 AM 4:00 PM COLUMBUS APPLICATION SUPPORT CENTER Leveque Towers 50 W Broad Street Suite 321 Columbus, OH 43215 Open: Monday Friday 8:00 AM 4:00 PM

Oklahoma
OKLAHOMA CITY APPLICATION SUPPORT CENTER 4400 SW 44th Street Suite A Oklahoma City, OK 73119 Open: Monday Friday 8:00 AM 4:00 PM

Oregon
PORTLAND APPLICATION SUPPORT CENTER 721 Southwest 14th Avenue Portland, OR 97205 Open: Tuesday Saturday 8:00 AM 4:00 PM

Pennsylvania
PHILADELPHIA APPLICATION SUPPORT CENTER 120 North 8th Street Philadelphia, PA 19107 Open: Tuesday Saturday 8:00 AM 3:45 PM PITTSBURGH APPLICATION SUPPORT CENTER 800 Penn Avenue Suite 101 Pittsburgh, PA 15222 Open : Tuesday Saturday 8 :00 AM 4 :00 PM YORK APPLICATION SUPPORT CENTER 3400 Concord Road York, PA 17402 Open: Monday Friday 8:00 AM 4:00 PM

Puerto Rico
SAN JUAN, PR APPLICATION SUPPORT CENTER 458 Ing. Jose Canals Street San Juan, PR 00918 Open: Tues-Sat 8:00 AM 4:00 PM

Rhode Island
PROVIDENCE, RI APPLICATION SUPPORT CENTER 105 Sockanosset Cross Rd. Suite 210 Cranston, RI 02920 Open: Tuesday Saturday 8:00 AM 4:00 PM

58
South Carolina
CHARLESTON APPLICATION SUPPORT CENTER 170 Meeting Street 5th Floor Charleston, SC 29403 Open: Monday Friday 8:00 AM 4:00 PM

South Dakota
RAPID CITY APPLICATION SUPPORT CENTER 1675 Samco Road Rapid City, SD 57702 Open: Monday Friday 8:00 AM 4:00 PM SIOUX FALLS APPLICATION SUPPORT CENTER Riverside Station 300 East 8th Street Sioux Falls, SD 57104 Open: Monday Friday 8:00 AM 4:00 PM

Tennessee
MEMPHIS APPLICATION SUPPORT CENTER 1341 Sycamore View Suite 100 Memphis, TN 38134 Open: Monday Friday 8:00 AM 4:00 PM

NASHVILLE APPLICATION SUPPORT CENTER 247 Venture Circle Nashville, TN 37228 Open: Monday Friday 8:00 AM 4:00 PM

Texas
BROWNSVILLE APPLICATION SUPPORT CENTER Southwind Shopping Center 943 North Expressway 77 Suite 23 Brownsville, TX 78520 Open: Tuesday Saturday 8:00 AM 4:00 PM DALLAS APPLICATION SUPPORT CENTER Village at Bachman Lake 3701 W. Northwest Hwy Suite 211 Dallas, TX 75220 Open: Tuesday Saturday 8:00 AM 4:00 PM SOUTH DALLAS APPLICATION SUPPORT CENTER 7334 South Westmoreland Road Dallas, TX 75237 Open: Tuesday Saturday 8:00 AM 4:00 PM EL PASO APPLICATION SUPPORT CENTER 10500 Montwood Drive El Paso, TX 79935 Open: Tuesday Saturday 8:00 AM 4:00 PM FORT WORTH APPLICATION SUPPORT CENTER (Inside Ft. Worth Town Center Mall) 4200 S. Freeway # 1309 Ft. Worth, TX 76115 Open: Tuesday Saturday 8:00 AM 4:00 PM HOUSTON ASC Corum Plaza 8505-D Gulf Freeway Exit 38 Houston, TX 77017 Open: Tuesday Saturday 8:00 AM 4:00 PM HOUSTON NORTHWEST ASC 10555 Northwest Freeway Suite 150 Houston, Texas 77092 Open: Tuesday Saturday 8:00 AM 4:00 PM HOUSTONSOUTHWEST ASC Fondren Road Plaza 7086 Bissonnet Street Houston, TX 77074 Open Tuesday Saturday 8:00 AM 4:00 PM LAREDO APPLICATION SUPPORT CENTER 707 East Calton Road Suite 301 Laredo, TX 78041 Open: Tuesday Saturday 8:00 AM 4:00 PM LUBBOCK APPLICATION SUPPORT CENTER 3502 Slide Road Suite A-24 Lubbock, TX 79414 Open: Tuesday Saturday 8:00 AM 4:00 PM MCALLEN APPLICATION SUPPORT CENTER 220 South Bicentennial Suite C McAllen, TX 78501 Open: Tuesday Saturday 8:00 AM 4:00 PM SAN ANTONIO ASC Randolph Blvd. 5121 Crestway Drive Suite 112 San Antonio, TX 78239 Open: Tuesday Saturday 8:00 AM 4:00 PM

Utah
SALT LAKE CITY APPLICATION SUPPORT CENTER 5536 South 1900 West Street Suite C Taylorsville, UT 84118

59
Open: Tuesday Saturday 8:00 AM 4:00 PM

Vermont
ST. ALBANS APPLICATION SUPPORT CENTER 64 Gricebrook Road St. Albans, VT 05478 Open: Monday Friday 8:00 AM 4:00 PM

Virgin Islands
ST. CROIX APPLICATION SUPPORT CENTER Sunny Isles Shopping Center Christiansted, St. Croix, VI 00823 Open: Monday Friday 8:00 AM 4:00 PM ST. THOMAS APPLICATION SUPPORT CENTER

South Nisky Center Suite 1A St. Thomas, VI 00802 Open: Monday Friday 8:00 AM 4:00 PM

Virginia
ALEXANDRIA APPLICATION SUPPORT CENTER 8850 Richmond Highway Alexandria, VA 22309-1586 Open: Tuesday Saturday 8:00 AM 4:00 PM NORFOLK APPLICATION SUPPORT CENTER 5280 Henneman Drive Norfolk, VA 23513 Open : Monday Friday 8 :00 AM 4 :00 PM

Washington
SEATTLE APPLICATION SUPPORT CENTER 457 S.W. 148 Street Suite 101 Burien, WA 98166 Open : Tuesday Saturday 8 :00 AM 4 :00 PM RICHLAND APPLICATION SUPPORT CENTER 825 Jadwin Avenue Room 165 Richland, WA 99352 Open : Monday Friday 8 :00 AM 4 :00 PM SPOKANE APPLICATION SUPPORT CENTER 920 West Riverside Room 691 Spokane, WA 99201 Open: Monday Friday 8:00 AM 4:00 PM YAKIMA APPLICATION SUPPORT CENTER 415 North 3rd Street Yakima, WA 98901 Open: Monday Friday 8:00 AM 4:00 PM

West Virginia
CHARLESTON APPLICATION SUPPORT CENTER 210 Kanawha Blvd. West Charleston, WV 25302 Open: Monday - Friday 8:00 AM - 4:00 PM

Wisconsin
MILWAUKEE APPLICATION SUPPORT CENTER 310 E. Knapp - First Floor Milwaukee, WI 53202 Open: Monday - Friday 8:00 AM - 4:00 PM

Wyoming
CASPER APPLICATION SUPPORT CENTER 150 East B Street - Room 1014 Casper, WY 82601 Open: Tuesday - Friday 8:00 AM - 4:00 PM

60

APPENDIX 3
USCIS District Offices and Sub-Offices
National Toll Free Telephone Number: 1-800 375-5283
Alabama
DISTRICT OFFICE See Atlanta, GA

Alaska
DISTRICT OFFICE Anchorage District Office 620 East 10th Avenue, Suite 102 Anchorage, Alaska 99501

Arizona
DISTRICT OFFICE Phoenix District Office 2035 North Central Avenue Phoenix, AZ 85004 SUB-OFFICE - TUCSON 6431 South Country Club Road Tucson, AZ 85706-5907

Arkansas
DISTRICT OFFICE See New Orleans, LA FT. SMITH SUB-OFFICE 4977 Old Greenwood Road Fort Smith, AR 72903

California

DISTRICT OFFICE LOS ANGELES Los Angeles District Office 300 North Los Angeles Street, Room 1001 Los Angeles, CA 90012 SUB-OFFICE SANTA ANA 34 Civic Center Plaza Federal Building Santa Ana, CA. 92701 SUB-OFFICE SAN BERNARDINO 655 W. Rialto Avenue San Bernardino, CA 92410-3327 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------DISTRICT OFFICE SAN DIEGO 880 Front Street, Suite 1234 San Diego, CA 92101 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------DISTRICT OFFICE SAN FRANCISCO 444 Washington Street San Francisco, CA 94111 SUB-OFFICE FRESNO 1177 Fulton Mall Fresno, CA 93721-2816 SUB-OFFICE SACRAMENTO 650 Capitol Mall Sacramento, CA 95814 SUB-OFFICE SAN JOSE 1887 Monterey Road San Jose, California 95112

61
Colorado
DISTRICT OFFICE 4730 Paris Street Denver, CO 80239

Connecticut
DISTRICT OFFICE Ses Boston, MA SUB-OFFICE 450 Main Street, 4th Floor Hartford, CT 06103-3060

Delaware
DISTRICT OFFICE See Philadelphia, PA SUB-OFFICE 1305 McD Drive Dover, DE 19901

Distric of Columbia
DISTRICT OFFICE 4420 N. Fairfax Drive Arlington, VA 22203

Florida
DISTRICT OFFICE MIAMI 7880 Biscayne Boulevard Miami, FL 33138 SUB-OFFICE JACKSONVILLE 4121 Southpoint Boulevard Jacksonville, FL 32216 SUB-OFFICE ORLANDO 9403 Tradeport Drive Orlando, FL 32827 SUB-OFFICE TAMPA 5524 West Cypress Street Tampa, FL 33607-1708 SUB-OFFICE WEST PALM BEACH 326 Fern St West Palm Beach, FL 33401

Georgia
DISTRICT OFFICE Martin Luther King Jr. Federal Building 77 Forsyth Street SW Atlanta, GA 30303

Guam
DISTRICT OFFICE

See Honolulu, HI SUB-OFFICE GUAM Sirena Plaza, Suite 100 108 Hernan Cortez Avenue Hagatna, Guam 96910

Hawaii
DISTRICT OFFICE

62
595 Ala Moana Boulevard Honolulu, HI 96813

Idaho
DISTRICT OFFICE See Helena, MT SUB-OFFICE BOISE 1185 South Vinnell Way Boise, ID 83709

Illinois
DISTRICT OFFICE 10 West Jackson Boulevard Chicago, Illinois 60604

Indiana
DISTRICT OFFICE See Chicago. IL SUB-OFFICE INDIANAPOLIS 950 N. Meridian St., Room 400 Indianapolis, Indiana 46204-3915

Iowa
DISTRICT OFFICE See Omaha, NE

Kansas
DISTRICT OFFICE See Kansas City, MO SUB-OFFICE WHICITA 271 West 3rd Street North, Suite 1050 Wichita, KS 67202-1212

Kentucky
DISTRICT OFFICE New Orleans, LA SUB-OFFICE LOUISVILLE Gene Snyder U.S. Courthouse and Customhouse - Room 390 601 West Broadway Louisville, KY 40202

Louisiana
DISTRICT OFFICE 701 Loyola Avenue New Orleans, LA

Maine
DISTRICT OFFICE 176 Gannett Drive South Portland, ME 04106

Maryland
DISTRICT OFFICE Fallon Federal Building - 31 Hopkins Plaza Baltimore, MD 21201

63
Massachusetts
DISTRICT OFFICE John F. Kennedy Federal Building - Government Center Boston, MA 02203

Michigan
DISTRICT OFFICE 333 Mt. Elliot Detroit, MI 48207

Minnesota
DISTRICT OFFICE 2901 Metro Drive, Suite 100 Bloomington, MN 55425

Mississippi
DISTRICT OFFICE See New Orleans, LA SUB-OFFICE 100 West Capitol Street Jackson, MS

Missouri
DISTRICT OFFICE 9747 Northwest Conant Avenue Kansas City, MO 64153 SUB-OFFICE Robert A. Young Federal Building 1222 Spruce Street, Room 1.100 St. Louis, MO 63103-2815

Montana
DISTRICT OFFICE 2800 Skyway Drive Helena, MT 59602

Nebraska
DISTRICT OFFICE 3736 South 132nd Street Omaha, NE 68144

Nevada
DISTRICT OFFICE See Phoenix, AZ SUB-OFFICE LAS VEGAS 3373 Pepper Lane Las Vegas, NV 89120-2739 SUB-OFFICE RENO 1351 Corporate Boulevard Reno, NV 89502

New Hampshire
DISTRICT OFFICE See Boston, MA SUB-OFFICE 803 Canal Street Manchester, NH 03101

64
New Jersey
DISTRICT OFFICE Peter Rodino, Jr. Federal Building - 970 Broad Street Newark, NJ 07102 SUB-OFFICE CHERRY HILL 1886 Greentree Road Cherry Hill, NJ 08003

New Mexico
DISTRICT OFFICE See El Paso, TX SUB-OFFICE - ALBUQUERQUE 1720 Randolph Road SE Albuquerque, NM 87106

New York
DISTRICT OFFICE BUFFALO Federal Center 130 Delaware Avenue Buffalo, NY 14202 DISTRICT OFFICE NEW YORK CITY 26 Federal Plaza New York City, NY 10278 SUB-OFFICE ALBANY 1086 Troy-Schenectady Road Latham, NY 12110

North Carolina
DISTRICT OFFICE LOS ANGELES See Atlanta, GA SUB-OFFICE CHARLOTTE 6130 Tyvola Centre Drive Charlotte, NC 28217

North Dakota
DISTRICT OFFICE See St. Paul, MN

Ohio
DISTRICT OFFICE CLEVELAND A.J.C. Federal Building 1240 East Ninth Street, Room 501 Cleveland, OH 44199 SUB-OFFICE CINCINNATI J.W. Peck Federal Building 550 Main Street, Room 4001 Cincinnati, OH 45202

Oklahoma
DISTRICT OFFICE See Dallas, TX SUB-OFFICE OKLAHOMA CITY 4400 SW 44th Street - Suite "A" Oklahoma City, OK 73119-2800

Oregon
DISTRICT OFFICE 511 NW Broadway Portland, OR 97209

Pennsylvania
DISTRICT OFFICE 1600 Callowhill Street Philadelphia, PA 19130 SUB-OFFICE PITTSBURGH 3000 Sidney Street, Suite 200 Pittsburgh, PA 15203

65
Puerto Rico
DISTRICT OFFICE San Patricio Office Center 7 Tabonuco Street, Suite 100 Guaynabo, Puerto Rico 00968

Rhode Island
DISTRICT OFFICE See Boston, MA SUB-OFFICE PROVIDENCE 200 Dyer Street Providence, RI 02903

South Carolina
DISTRICT OFFICE Atlanta, GA SUB-OFFICE CHASLESTON 170 Meeting Street, Fifth Floor Charleston, SC 29401

South Dakota
DISTRICT OFFICE See St. Paul, MN

Tennessee
DISTRICT OFFICE New Orleans, LA SUB-OFFICE MEMPHIS 1341 Sycamore View Road - Suite 100 Memphis, TN 38134

Texas
DISTRICT OFFICE DALLAS 8101 North Stemmons Freeway Dallas, TX 75247 DISTRICT OFFICE EL PASO 1545 Hawkins Boulevard, Suite 167 El Paso, TX 79925 DISTRICT OFFICE HARLINGEN 1717 Zoy Street Harlingen, TX 78552 DISTRICT OFFICE HOUSTON 126 Northpoint Houston, Texas 77060 DISTRICT OFFICE SAN ANTONIO 8940 Fourwinds Drive San Antonio, TX 78239

Utah
DISTRICT OFFICE Denver, CO SUB-OFFICE SALT LAKE CITY 5272 South College Drive, #100 Murray, UT 84123

66
Vermont
DISTRICT OFFICE Portland, ME SUB-OFFICE ST. ALBANS 64 Gricebrook Road St. Albans, VT 05478

Virgin Islands

DISTRICT OFFICE See San Juan, PR SUB-OFFICE ST. CROIX Sunny Isle Shopping Center Christiansted, St. Croix United States Virgin Islands 00820 SUB-OFFICE ST. THOMAS Nisky Center, Suite 1A First Floor South Charlotte Amalie, St. Thomas United States Virgin Islands 00802

Virginia
DISTRICT OFFICE See District of Columbia, DC SUB-OFFICE NORFOLK 5280 Henneman Drive Norfolk, VA 23513

Washington
DISTRICT OFFICE 815 Airport Way South Seattle, WA 98134 SUB-OFFICE SPOKANE 920 W. Riverside Room 691 Spokane, WA 99201 SUB-OFFICE YAKIMA 415 North 3rd Street Yakima, WA 98901

West Virginia
DISTRICT OFFICE Philadelphia, PA SUB-OFFICE CHARLESTON 210 Kanawha Boulevard West Charleston, West Virginia 25302

Wisconsin
DISTRICT OFFICE See Chicago, IL SUB-OFFICE MILWAUKEE 310 E. Knapp Street Milwaukee, WI 53202

Wyoming
DISTRICT OFFICE See Denver, CO

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FORM DS-156 PHOTO REQUIREMENTS

The photo requirements for Form DS-156 Nonimmigrant Visa Application has recently changed. The new format is similar to that required for U.S. passports.

General

 The photograph for each visa applicant must be an unmounted, full face photo, as described below The photograph must have been taken within the last six months One (1) photograph must be submitted stapled or glued to the application DS-156

Photo Size
The photo for each visa applicant submitted must measure: 2 by 2 inches (roughly 50 mm square) with the head centered in the frame. The head (measured from the top of the hair to the bottom of the chin) should measure between 1 inch to 1 3/8 inches (25 mm to 35 mm) with the eye level between 1 1/8 inch to 1 3/8 inches (28 mm and 35 mm) from the bottom of the photo

Photo Appearance
The photograph must be a full-face view in which the visa applicant is facing the camera directly. The applicant should not look down or to either side, and the face should cover about 50 percent of the photo area. Side or angled views are NOT accepted. The photograph may be in color or black and white, but must have only a white or off-white background. Photos with dark, busy, or patterned backgrounds will not be accepted. In general, the applicant's head, including both face and hair, should be shown from the crown of the head to the tip of the chin on top and bottom and from hairline side-to-side. It is preferable that ears be exposed. Head coverings and hats are only acceptable due to religious beliefs, and even then, may not cover any portion of the applicant's face. Sunglasses or other wear which detracts from the face are not acceptable unless required for medical reasons (an eye patch, for example). A photograph depicting a person wearing a traditional facemask or veil that does not permit adequate identification is not acceptable. Photos of military, airline, or other personnel wearing hats are not acceptable. Photographs of applicants wearing tribal, national costume, or other headgear not specifically religious in nature are not acceptable.

Digital Photos
Digitally reproduced photographs must be reproduced without discernible pixels or dot patterns. Photocopied photographs are NOT accepted.

Attaching the Photo to Form DS-156

Staple or glue the one photograph to Form DS-156 in the designated space. If the photograph is stapled, staples should be placed as far away as possible from the applicant's face. Do not enclose photographs in glassine or other types of envelopes. The photograph must be stapled or glued properly to Form DS-156 in the designated space.
Last Updated: March 2008

FORM DS-156
NONIMMIGRANT VISA APPLICATION

IMPORTANT NOTICE
AS OF NOVEMBER 1st 2006, FORM DS-156 MUST BE FILLED IN ONLINE AT:

https://evisaforms.state.gov/ds156.asp
Form DS-156 must be filled in online, printed, then submitted to the nearest U.S. Embassy or Consulate in your home country. https://evisaforms.state.gov/ds156.asp
14. Do you have any specialized skills or training, including firearms, explosives, nuclear, biological, or chemical experience? 12. Not Including Current Employer, List Your Last Two Employers 9. List All Countries You have Entered in the Last Ten Years (Give the Year of Each Visit) Telephone Number PLEASE TYPE OR PRINT YOUR ANSWERS IN THE SPACE PROVIDED BELOW EACH ITEM PLEASE ATTACH AN ADDITIONAL SHEET IF YOU NEED MORE SPACE TO CONTINUE YOUR ANSWERS

U.S. Department of State

SUPPLEMENTAL NONIMMIGRANT VISA APPLICATION

15. Have you ever performed military service? DS-157 04-2006
Approved OMB 1405-0134 Expires 09/30/2008 Estimated Burden 1 Hour*

1. Last Name(s) (List all Spellings) 2. First Name(s) (List all Spellings) 3. Full Name (In Native Alphabet) 16. Have you ever been in an armed conflict, either as a participant or victim? 13. List all Professional, Social and Charitable Organizations to Which You Belong (Belonged) or Contribute (Contributed) or with Which You Work (Have Worked). If yes, give name of country, branch of service, rank/position, military specialty, and dates of service. 18. Have you made specific travel arrangements? If YES, please provide a complete itinerary for your travel, including arrival/departure dates, flight information, specific location you will visit, and a point of contact at each location. Yes No Name of Institution Address/Telephone Number Course of Study Dates of Attendance 4. Clan or Tribe Name (If Applicable) 5. Spouse's Full Name (If Married) 6. Father's Full Name 7. Mother's Full Name 11. Have you ever lost a passport or had one stolen? 8. Full Name and Address of Contact Person or Organization in the United States (Include Telephone Number) 10. List All Countries That Have Ever Issued You a Passport Yes No Yes No If YES, please explain. Yes No Address Job Title Supervisor's Name Dates of Employment 17. List all educational institutions you attend or have attended. Include vocational institutions but not elementary schools. Name Paperwork Reduction Act Statement
*Public reporting burden for this collection of information is estimated to average 1 hour per response, including time required for searching existing data sources, gathering the necessary data, providing the information required, and reviewing the final collection. You do not have to provide the information unless this collection displays a currently valid OMB number. Send comments on the accuracy of this estimate of the burden and recommendations for reducing it to: U.S. Department of State, A/RPS/DIR, Washington, DC 20520.

Yes No If YES, please explain 5. Full Name and Address of Spouse (If Applicable) (Postal box numbers are unacceptable.) 6. Full Names and Addresses of Children, Parents, and Siblings (Postal box numbers are unacceptable.)

CONTACT INFORMATION AND WORK HISTORY FOR NONIMMIGRANT VISA APPLICANT

1. Last Name(s) First Name(s) Middle Name Please Type or Print Your Answers in the Space Provided Below Each Item Please Attach an Additional Sheet if You Need More Space to Continue Your Answers 2. Date of Birth (mm-dd-yyyy) 3. Place of Birth Country City/Town State/Province DS-158 08-2006
OMB APPROVAL NO. 1405-0144 EXPIRES: 08/31/2009 ESTIMATED BURDEN: 1 HOUR

*Public reporting burden for this collection of information is estimated to average 1 hour per response, including time required for searching existing data sources, gathering the necessary data, providing the information required, and reviewing the final collection. In accordance with 5 CFR 1320 5(b), persons are not required to respond to the collection of this information unless this form displays a currently valid OMB control number. Send comments on the accuracy of this estimate of the burden and recommendations for reducing it to: U.S. Department of State (A/ISS/DIR) Washington, DC 20520. Paperwork Reduction Act Statement 7. List at Least Two Contacts in Applicant's Country of Residence Who Can Verify Information About Applicant (Do not list immediate family members or other relatives. Postal box numbers are unacceptable.) Page 1 of 2 Telephone Number Relationship Telephone Number U.S. Department of State 4. Permanent Home Address and Telephone Number (Include Apartment Number, Street, City, State or Province, Postal Zone, and Country)

Name (Last, First, Middle) Address Telephone Number Relationship Address Telephone Number Name (Last, First, Middle) Relationship Address Telephone Number Name (Last, First, Middle) Relationship Address Telephone Number Name (Last, First, Middle) Relationship Address Name (Last, First, Middle) Address Name (Last, First, Middle) Telephone Number Address Name (Last, First, Middle) Telephone Number Address Name (Last, First, Middle) I certify that I have read and understood all the questions set forth in this form and the answers I have furnished on this form are true and correct to the best of my knowledge and belief. I understand that any false or misleading statement may result in the permanent refusal of a visa or denial of entry into the United States. DS-158 Page 2 of 2 Date (mm-dd-yyyy) From Date (mm-dd-yyyy) To

Work Experience - Present

Job Title Date (mm-dd-yyyy) From Date (mm-dd-yyyy) To

Work Experience - Previous

Job Title Date (mm-dd-yyyy) From Date (mm-dd-yyyy) To

Work Experience - Previous

Job Title Date (mm-dd-yyyy) From Date (mm-dd-yyyy) To

Work Experience - Previous

Job Title Applicant's Signature Date (mm-dd-yyyy) Telephone Number Telephone Number Telephone Number Telephone Number Employer's Name and Address Employer's Name and Address Employer's Name and Address Describe Your Duties Describe Your Duties Describe Your Duties Employer's Name and Address Describe Your Duties

This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien to come as a nonimmigrant to the United States temporarily to perform services or labor or to receive training as an:

What Is the Purpose of This Form?

NOTE: Form I-129 consists of a basic petition, individual supplements relating to specific classifications, and for H-1B petitions, the H-1B Data Collection and Filing Fee Exemption

Supplement with its particular instructions (formerly issued separately as Form I-129W). The following Table of Contents will help you locate information on the form and each supplement: A petition is required only to apply for a change or extension of stay in such status. H-1B, specialty occupation; an alien coming to perform services of an exceptional nature relating to a project administered by the U.S. Department of Defense; a fashion model who has national and international acclaim; an alien coming in accordance with a trade agreement with Chile or Singapore. H-2A, agricultural worker. H-3, trainee. L-1, intracompany transferee. O-1, alien of extraordinary ability in arts, science, education, business, or athletics. O-2, accompanying alien who is coming to the United States to assist in the artistic or athletic performance of an O-1 artist or athlete. P-1, internationally recognized athlete/entertainment group. P-2, artist or entertainer in reciprocal exchange program. P-2S, essential support personnel for a P-2. P-3, artist or entertainer coming to the United States to perform, teach, or coach under a program that is culturally unique. P-3S, essential support personnel for a P-3. Q-1, alien coming temporarily to participate in an international cultural exchange program. H-2B, temporary nonagricultural worker. NOTE: A petition is not required to apply for an E-1, E-2, or R-1 nonimmigrant visa or admission as a TN nonimmigrant from Canada or Mexico. A petition is also not required for an H-1B1 Free Trade Nonimmigrant from Chile or Singapore. These persons may apply directly to a U.S. Embassy or consulate abroad.

Instructions Instructions for Form I-129, Petition for a Nonimmigrant Worker

Department of Homeland Security U.S. Citizenship and Immigration Services NOTE: You may file Form I-129 electronically. Go to our internet website at www.uscis.gov and follow the detailed instructions on e-filing.

Instructions for Form I-129 E Classification H Classifications L Classification O and P Classifications Q-1 Classification 10 3 7 9 6 1 R-1 Classification 11 Change of Status/Extension of Stay (Includes Free Trade Nonimmigrants

such as TN and H-1B1s) 11 General Evidence 13 When to File 13 Fee 17 H-1B Data Collection 3 I. Processing Information, Penalties, Privacy Act Notice, Information and Forms, InfoPass and Paperwork Reduction Act 17 P-1S, essential support personnel for a P-1. E-1, treaty trader. This form is used also by an employer to request an extension of stay or change of status for the following nonimmigrants: E-2, treaty investor. Free Trade Nonimmigrants, H-1B1s and TNs. General Information 1. Petition always required 2 2. Petition only required for an alien in the United States to change status or extend stay 10
Form I-129 Instructions (Rev. 07/07/08) Y
OMB No. 1615-0009; Expires 07/31/10

Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a separate sheet(s) of paper. Write your name and Alien Registration Number (A number), if any, at the top of each sheet and indicate the number of the item to which the answer refers.

R-1, religious worker. 13 Where to File 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 1. 2. 3. 4.

Table of Contents Page

Nonimmigrant Classification Based on a Free Trade Agreement Supplement II. Petition for a Nonimmigrant Worker (Form I-129) O and P Classifications Supplement E Classification Supplement H-1B Data Collection and Filing Fee Exemption Supplement L Classification Supplement Q-1 and R-1 Classifications Supplement Attachment - 1 (Used when more than one person is included on form)

1 14 5 10 12 15 16 H Classification Supplement 7 6

Including more than one alien in a petition. Multiple

aliens who will seek admission in H-2A, H-2B, H-3, P-1, P-2, P-3, O-2, or Q-1 classification may be included on the same petition provided: They will all be employed for the same period of time; They will all perform the same services, receive the same training, or participate in the same international cultural exchange program; and If the petition is for aliens seeking H-2A classification, they will apply for a visa at the same U.S. Embassy or consulate or, if visa exempt, will apply for admission at the same port of entry. NOTE: If the employer includes more than one alien on the petition (other than those seeking H-2A classification) and needs to request USCIS to notify more than one U.S. Embassy or consulate concerning the processing, the employer should file a Form I-824, Application for Action on an Approved Application or Petition, with appropriate fee, for each U.S. Embassy or consulate that must be notified. Agents. A U.S. individual or company in business as an agent may file for types of workers who are traditionally selfemployed or who traditionally use an agent to arrange shortterm employment with numerous employers. A petition filed by an agent must include a complete itinerary of services or engagements, including dates, names, and addresses of the actual employers, and the locations where the services will be performed. A petition filed by a U.S. agent must guarantee the wages and other terms and conditions of employment by contractual agreement with the beneficiary or beneficiaries of the petition. The agent/employer must also provide an itinerary of definite employment and information on any other services planned for the period of time requested. General. A U.S. employer may file this form and applicable supplements to classify an alien in any nonimmigrant classification listed in Part 1 and Part 2 of these instructions. A foreign employer may file for certain classifications as indicated in the specific instructions.

Who May File This Form I-129?

Multiple locations. A petition for alien(s) to perform
services or labor or receive training in more than one location must include an itinerary with the dates and locations where the services or training will take place. An H-2A petition for more than one worker may include unnamed aliens if they are unnamed on the labor certification; Unnamed aliens. All aliens in a petition for an extension of stay or change of status must be named in the petition. All aliens included in any other petition must be named, except: An H-2B petition for more than one worker may include unnamed aliens in emergent situations where it is

established on the petition that the names cannot be provided due to circumstances that cannot be anticipated or controlled.

General Filing Instructions

Complete the basic form and any relating supplement. Please answer all questions by typing or clearly printing in black ink. Indicate that an item is not applicable with "N/A." If the answer is "none," write none. NOTE: Submit the petition and all supporting documentation in duplicate if you checked block "a" in Question 5 of Part 2 of the form. Where some or all of the aliens are not named, specify the total number of unnamed aliens and total number of aliens in the petition. Where the aliens must be named, petitions naming subsequent beneficiaries may be filed later with a copy of the same labor certification. Each petition must reference all previously filed petitions using that certification. These instructions are divided into two parts.

Classification - Initial Evidence

The first part includes classifications requiring a petition for an initial visa or entry and any extension of stay or change of status. The second part includes classifications requiring only a petition for a extension of stay or change of status.

1. Petition Always Required

The following classifications always require a petition. A petition for new or concurrent employment or for an extension where there is a change in previously approved employment must be filed with the initial evidence listed below, and with the initial evidence required by the separate instructions for a change of status or extension of stay.
Form I-129 Instructions (Rev. 07/07/08)Y Page 2

If you need extra space to answer any item, attach a sheet(s) of paper with your name and your Alien Registration Number (A number), if any, and indicate the number of the item to which the answer refers. You must file your petition with the required initial evidence. The petition must be properly signed and filed with the proper fee. 1. 2. 3. 1. 2. 1. 2. An H-1B is an alien coming temporarily to perform services in a specialty occupation.

H-1B
A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires the attainment of a bachelor's or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. Write H-1B1 in the classification requested block. However, a petition for an extension based on unchanged, previously approved employment should only be filed with the initial evidence required in the separate extension of stay instructions. Evidence showing that the proposed employment qualifies

as a specialty occupation; Evidence that a labor condition application has been filed with the U.S. Department of Labor; The petition must be filed by the U.S. employer and must be filed with: A copy of any required license or other official permission to practice the occupation in the State of intended employment; and Evidence of education and experience that is equivalent to the required U.S. degree. A copy of a foreign degree and evidence that it is equivalent to the U.S. degree; or A copy of the person's U.S. baccalaureate or higher degree as required by the specialty occupation; Evidence showing that the alien has the required degree by submitting either: A copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed. An H-1B is also an alien coming to perform services of an exceptional nature relating to a cooperative research and development project administered by the U.S. Department of Defense (DOD). Write H-1B2 in the classification requested block. A description of the proposed employment; A U.S. employer may file the petition. The petition must be filed with: Evidence that the services and project meet the above conditions; A statement listing the names of all aliens who are not permanent residents and who are or have been employed on the project within the past year, along with their dates of employment; and An H-1B is also a fashion model who has national or international acclaim and recognition, coming to be employed in a position requiring such a level of acclaim and recognition. Write H-1B3 in the classification requested block. A U.S. employer or agent or foreign employer may file the petition. Evidence that the beneficiary holds a baccalaureate or higher degree in the field of employment. Because of these two Acts, an H-1B or H-1B1 Free Trade Nonimmigrant petitioner must complete the H-1B supplement form, which is part of this petition. The supplement is used to collect additional information about the H-1B nonimmigrant worker and the H-1B petitioner (U.S. employer). It will also be used to determine whether the H-1B or H-1B1 Free Trade Nonimmigrant petitioner is exempt from the additional ACWIA filing fee and, if not exempt, the appropriate fee. (The supplement was formerly issued separately as Form I-129W). On October 21, 1998, Congress enacted the American Competitiveness and Workforce Improvement Act ("ACWIA"), Public Law 105-277, that modified the H-1B nonimmigrant program. On December 8, 2004, Congress enacted the H-1B Visa Reform Act of 2004. The H-1B Visa Reform Act of 2004 also imposed an additional fee of $500 for certain H or L petitions. On or after March 8, 2005, a U.S. employer seeking initial approval of H-1B or L nonimmigrant status for a beneficiary, or seeking approval to

employ an H-1B or L nonimmigrant currently working for another U.S. employer, must submit this additional $500 fee. There are no exemptions from this fee. This form will serve as the vehicle for collection of the $500 fee. Who is required to file? A U.S. employer seeking to classify an alien as an H-1B or H-1B1 Free Trade Nonimmigrant worker must file this supplement concurrently with Form I-129 and the appropriate fee. (See "Fee" for additional information regarding the appropriate fee.)

Completing Part A of the Supplement Form

All U.S. employers seeking to classify an alien as an H-1B or H-1B1 Free Trade Nonimmigrant nonimmigrant worker must complete Part A of the supplement form. An employer must answer all of the questions in the "Employer Information" Section.
Form I-129 Instructions (Rev. 07/07/08)Y Page 3

H-1B and H-1B1 Data Collection and Filing Fee Exemption

1. 2. 3. A. B. C. 4. 5. 1. 2. 3. 4.

H-1B Dependent employer. An "H-1B dependent

employer" means an employer that: Has 25 or fewer full-time-equivalent employees who are employed in the United States and employs more than seven H-1B nonimmigrants; Has at least 26 but not more than 50 full-time-equivalent employees who are employed in the United States and employs more than 12 H-1B nonimmigrants; or Willful Violators. A willful violator is an employer whom the Secretary of Labor has found, after notice and opportunity for a hearing, to have willfully failed to meet a condition of the labor condition application described in section 212(n) of the Immigration and Nationality Act. Exempt H-1B nonimmigrant. An "exempt H-1B nonimmigrant" means an H-1B who: Receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or Highest education level. Place an "X" in the appropriate box of Part A, Number 3 ("a" through "i") of the supplement form that is most closely related to the highest formal education level attained by the beneficiary. DO NOT consider work experience in determining the beneficiary's equivalency. Has attained a master's degree or higher (or its equivalent) in a specialty related to the intended employment.

Master's or higher degree from a U.S. institution of higher education. Indicate whether or not the

beneficiary has earned a master's or higher degree from a U.S. institution of higher education, as defined in 20 U.S.C. section 1001(a). Major/primary field of study. Use the beneficiary's degree transcripts to determine the primary field of study. Once the beneficiary's major is determined, fill in the boxes with one character per box. Thirty characters maximum. Do not consider work experience to determine the beneficiary's major education level. Rate of pay per year. The ''rate of pay'' is the salary or wages paid to the beneficiary. Salary or wages must be expressed in an annual full-time amount and do not include non-cash compensation or benefits. For example, an H-1B worker is to be paid $6,500 per month for a fourmonth period including a health benefits package and transportation. The yearly rate of pay if he or she were working for a full year would be 12 times the monthly rate, or $78,000. This amount does not include health benefits or transportation costs. The figure $78,000 should be entered on this form as the rate of pay. LCA Code. The LCA Code is a three-digit occupational group for professional, technical, and managerial occupations and fashion models that can be obtained from Appendix 2 of the Dictionary of Occupational Titles printed on Department of Labor ETA Form 9035, Labor Condition Application for H-1B Nonimmigrant. NAICS Code. The North American Industry Classification System (NAICS) code can be obtained from the Department of Commerce, U.S. Census Bureau (www. census.gov/epcd/www/naics.htm). Enter the code from left to right, one digit in each of the six boxes. If you use a code with fewer than six digits, enter the code left to right and then add zeros in the remaining unoccupied boxes. A U.S. employer seeking an exemption from the $1,500 or $750 filing fee must complete Part B. A U.S. employer is exempt from payment of the additional $1,500 or $750 filing fee if:

Completing Part B of the Supplemental Form

The employer is an institution of higher education as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001 (a); or The employer is a nonprofit organization or entity related to, or affiliated with, an institution of higher education. Institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C., section 1001(a). Such a nonprofit organization or entity includes, but is not limited to, hospitals and medical research institutions. "Related to" or "affiliated with" means the entity is: For example, the code sequences 33466 would be entered as: The code sequences 5133 would be entered as:

513300 334660
Has at least 51 full-time equivalent employees who are employed in the United States and employs H-1B nonimmigrant in a number that is equal to at least 15 percent of the number of such full-time-equivalent employees. A.

B.
Form I-129 Instructions (Rev. 07/07/08)Y Page 4

Connected or associated with the institution of higher education through shared ownership or control by a board or federation operated by the institution of higher education; or "Nonprofit organization or entity" means the organization or entity is (a) defined as a tax exempt organization under the Internal Revenue Code of 1986, section 501(c)(3), (c)(4), or (c)(6), and (b) has been approved as a tax-exempt organization for research or educational purposes by the Internal Revenue Service; or Attached to the institution of higher education as a member, branch, cooperative, or subsidiary. 1. A. B. C. 2. 3. A. B. 4. 5. 6. 7. 8. 9. 1. 2. The employer is a nonprofit research organization or governmental research organization that is primarily engaged in basic research and/or applied research. "Nonprofit organization or entity" means the organization or entity is: This petition is the second or subsequent request for an extension of stay filed by the employer regardless of when the first extension of stay was filed or whether the $1,500 or $750 filing fee was paid on the initial petition or the first extension of stay; or This petition is an amended petition that does not contain any requests for extension of stay filed by the employer; or This petition is to correct a USCIS error; or The employer is a primary or secondary education institute; or U.S. employers claiming exemption from payment of the $1,500.00 or $750.00 filing fee on the basis of status as (a) a nonprofit organization or entity related to, or affiliated with, an institution of higher education, or (b) as a nonprofit research organization must submit evidence of tax-exempt status under the Internal Revenue Code of 1986, section 501 (c)(3), (c)(4), or (c)(6); or 26 U.S.C. 501(c)(3), (c)(4), or (c) (6); or

What Evidence Is Required Under Part B?

All other U.S. employers claiming exemption from payment of the $1,500.00 or $750.00 filing fee must submit a statement describing why the organization or entity is exempt. All U.S. employers must complete Part C even if they are not claiming the fee exemption in Part B.

Completing Part C of the Supplemental Form

The employer is a nonprofit entity which engages in an established curriculum-related clinical training or students register at the institution. A. B.
Form I-129 Instructions (Rev. 07/07/08)Y Page 5

An H-2A is an alien coming temporarily to engage in temporary or seasonal agricultural employment.

H-2A
Write H-2A in the classification block on the petition. A single valid temporary agricultural labor certification, or, if U.S. workers do not appear at the work site, a copy of the U.S. Department of Labor's denial of a certification and appeal, and evidence showing that qualified domestic labor is unavailable; and Copies of evidence showing that each named alien met the minimum job requirements stated in the certification at time the application was filed. The petition must be filed by a U.S. employer or an association of U.S. agricultural producers named as a joint employer on the certification. The petition must be submitted with: An H-2B is an alien coming temporarily to engage in nonagricultural employment that is seasonal, intermittent, to meet a peak load need, or a one-time occurrence.

H-2B
Write H-2B in the classification block on the petition. A temporary labor certification from the U.S. Department of Labor, or the Governor of Guam if the proposed employment is solely in Guam, stating that qualified U.S. workers are not available and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers; or The petition must be filed by a U.S. employer with either: A notice from such authority that the temporary labor certification cannot be made, along with evidence of the unavailability of U.S. workers and of the prevailing wage rate for the occupation in the United States, and evidence overcoming each reason why the certification was not granted; and Copies of evidence, such as employment letters and training certificates, showing that each named alien met the minimum job requirements stated in the certification at the time the application was filed. NOTE: Employers filing H-2B petitions for employment to commence on or after October 1, 2005, must submit an additional fee of $150. The Save Our Small and Seasonal Businesses Act of 2005 authorized this $150 Fraud Prevention and Detection Fee.

H-3
An H-3 is an alien coming temporarily to participate in a special education training program in the education of children with physical, mental, or emotional disabilities. (Two types) NOTE: For additional information see the U.S. Department of Labor Internet website at www.ows.doleta.gov/foreign. Defined as a tax-exempt organization under the Internal Revenue Code of 1986, sections 501(c)(3), (c) (4), or (c)(6); or 26 U.S.C. 501(c)(3), (c)(4), or (c)(6);

and Has been approved as a tax-exempt organization for research or educational purposes by the Internal Revenue Service. A Government research organization is a U.S. Federal Government entity whose primary mission is the performance or promotion of basic research and/or applied research; or 3. 4. 5. 6. 7. 8. 1. 2. 1. 2. 3. A description of the training, staff, and facilities; evidence that the program meets the above conditions; and details of the alien's participation in the program; and Custodial care of the children must be incidental to the training program. The petition must be filed by the U.S. employer with: Write H-3 in the classification block on the petition. A detailed description of the structured training program, including the number of classroom hours per week and the number of hours of on-the-job training per week; The petition must be filed by the U.S. employer with: An H-3 is also an alien coming temporarily to receive training from an employer in any field other than graduate education or training. Write H-3 in the classification block on the petition. Evidence showing that the alien is nearing completion of a baccalaureate degree in special education, or already holds such a degree, or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities. A summary of the prior training and experience of each alien in the petition; and An explanation stating why the training is required, whether similar training is available in the alien's country, how the training will benefit the alien in pursuing a career abroad, and why the petitioner will incur the cost of providing the training without significant productive labor. An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary, or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period (six months within the previous three years if the employer is eligible and has filed for a blanket L-1 approval and meets the requirements for expedited processing), immediately preceding the filing of the petition, in an executive, managerial, or specialized knowledge capacity. Write L-1A in the classification requested block on the petition.

L-1A
Write L-1B in the classification requested block on the petition.

L-1B
An L-1B is an alien coming temporarily to perform services that entail specialized knowledge for the same corporation or firm, or for the branch, subsidiary, or affiliate of the employer that employed him or her abroad for one continuous year
Form I-129 Instructions (Rev. 07/07/08)Y Page 6

A U.S. employer or foreign employer must file the petition, but a foreign employer must have a legal business entity in the United States. The petition must be submitted with: Evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control, such as an annual report, articles of incorporation, financial statements, or copies of stock certificates;

L Petition Requirements
A letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications, and salary; and A description of the proposed job duties and qualifications, and evidence showing that the proposed employment is in an executive, managerial, or specialized knowledge capacity. Has or upon establishment will have the qualifying relationship to the foreign employer; and Has the financial ability to remunerate the alien and to begin doing business in the United States, including evidence about the size of the U.S. investment, the organizational structure of both firms, the financial size and condition of the foreign employer, and, if the alien is coming as an L-1 manager or executive to open a new office, such evidence must establish that the intended U.S. operation will support the executive or managerial position within one year. If the alien is coming to the United States to open a new office, also file the petition with copies of evidence showing that the business entity is located in the United States; and Already has sufficient premises to house the new office; within the three-year period (six months within the previous three years if the employer is eligible and has filed for a blanket L-1 approval and meets the requirements for expedited processing), immediately preceding the filing of the petition, in an executive, managerial, or specialized knowledge capacity. Specialized knowledge is special knowledge of the employer's product or its application in international markets or an advanced level of the knowledge of the employer's processes and procedures. An L blanket petition simplifies the process of later filing for individual L-1A workers and L-1B workers who are specialized knowledge professionals employed in positions that require the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and also require completion of a specific course of education, culminating in a baccalaureate degree in a specific occupational specialty.

Blanket L Petition
1. 2. 1. 2. 3. 1.

2. 3. 1. 2. 3. A blanket L petition must be filed by a U.S. employer who will be the single representative between USCIS and the qualifying organizations. Write LZ in the classification requested block. Do not name an individual employee. File the petition with copies of evidence showing that: You and your branches, subsidiaries, and affiliates are engaged in commercial trade or services; You have an office in the United States that has been doing business for one year or more; You have three or more domestic and foreign branches, subsidiaries, or affiliates; and You and your qualifying organizations have obtained approved petitions for at least ten ''L'' managers, executives, or specialized knowledge professionals during the previous 12 months or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or You have a U.S. work-force of at least 1,000 employees. A letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications, and salary for the three previous years; and If the alien is a specialized knowledge professional, a copy of a U.S. degree or a foreign degree equivalent to a U.S. degree. After approval of a blanket petition, you may file for individual employees to enter as an L-1A alien or L-1B specialized knowledge professional under the blanket petition. If the alien is outside the United States, file Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. If the alien is already in the United States, file Form I-129 to request a change of status based on this blanket petition. The petition must be submitted with: A copy of the USCIS approval notice for the blanket petition; An O-1A is an alien coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion picture, or television industry).

O-1A
A written consultation from a peer group or labor management organization with expertise in the field. If the above item cannot be obtained, the consultation can be from a person of your (the employer's) choosing with expertise in the alien's area of ability (see General Evidence); Write O-1A in the classification block on the petition. The petition must be submitted with:
Form I-129 Instructions (Rev. 07/07/08)Y Page 7

A copy of any written contract between you (the employer) and the alien or a summary of the terms of the oral agreement under which the alien will be employed; An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events and activities; Evidence of the alien's extraordinary ability, such as receipt of major awards or prizes, major published material

by the alien or relating to the alien's work, evidence of the alien's contributions to the field, evidence of the alien's original scholarly work or contributions to the field, evidence of the alien's high salary within the field, evidence that the alien participated on a panel that judges the work of others in the field, or evidence of the alien's prior employment in one or more critical capacities. A copy of any written contract between you (the employer) and the alien or a summary of the terms of the oral agreement under which the alien will be employed; A written consultation from a peer group or a person of your (the employer's) choosing with expertise in the alien's area of ability (see General Evidence). If the petition is based on the alien's extraordinary achievement in the motion picture or television industry, separate consultations are required from the relevant labor and management organizations; An O-1B is an alien coming temporarily who has extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Write O-1B in the classification block on the petition. The petition must be submitted with:

O-1B
NOTE: If the preceding forms of evidence do not readily apply to the alien's field of endeavor, you may submit other comparable evidence. Evidence that the alien has received or been nominated for significant national or international awards or prizes in the field, such as an Academy Award, Emmy, Grammy, or Director's Guild Award, or at least three of the following: Evidence that the alien has performed or will perform as a lead or starring participant in productions or events that have a distinguished reputation; Evidence that the alien has achieved national or international recognition for achievements in the field; Evidence that the alien has a record of major commercial or critically acclaimed successes, as evidenced by ratings, box office receipts, etc.; 1. 2. 3. 4. 5. 1. 2. 3. 1. 2. 3. 4. 1. 2. 3. A. B. C.
Form I-129 Instructions (Rev. 07/07/08)Y Page 8

A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with national or international recognition in the sport, if

such contracts are normally utilized in the sport; and Evidence of at least two of the following: Substantial participation in a prior season with a major U.S. sports league; Participation in international competition with a national team; Substantial participation in a prior season for a U.S. college or university in intercollegiate competition; A written statement from an official of a major U.S. sports league or official of the governing body for a sport that details how the alien or team is internationally recognized; That the individual or team is ranked, if the sport has international rankings; or That the alien or team has received a significant honor or award in the sport. Evidence that the alien or group is internationally recognized in the discipline as demonstrated by the submission of evidence of the group's receipt or nomination for significant international awards or prizes for outstanding achievement, or evidence of at least three of the following: The alien or group has performed or will perform as a starring or leading group in productions or events with a distinguished reputation; The alien or group has achieved international recognition and acclaim for outstanding achievement in the field; The alien or group has a record of major commercial or critically acclaimed success; A P-1B is an alien entertainer coming temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a substantial period of time, and who has had a sustained relationship (ordinarily for at least one year) with the group. A written consultation (see General Evidence) from an appropriate labor organization; Write P-1B in the classification block on the petition. The petition must be submitted with:

P-1B
Evidence that the alien has received significant recognition from organizations, critics, government agencies, or other recognized experts; Evidence that the alien commands or will command a high salary or other remuneration for services in relation to others in the field; or NOTE: If the preceding forms of evidence do not readily apply to the alien's field of endeavor, you may submit other comparable evidence. Evidence that the alien has performed in a lead or starring role for organizations that have a distinguished reputation.

O-2
An O-2 is an alien coming temporarily solely as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete because he or she performs support services that are essential to the successful performance of the O-1. No test of the U.S. labor market is required. Write O-2 in the classification block on the petition.

Evidence of the current essentiality, skills, and experience of the O-2 with the O-1. In the case of a specific motion picture or television production, the evidence must establish that significant production has taken place outside the United States and that the continuing participation of the alien is essential to the successful completion of the production. A written consultation (see General Evidence); If it is for support of an athlete or an alien with extraordinary ability in the arts, the consultation must be from an appropriate labor organization; or If it is for support of an alien with extraordinary achievement in motion pictures or television, the consultation must be from an appropriate labor organization and management organization. This form must be filed in conjunction with an O-1 petition and submitted with: A P-1A is an alien coming temporarily to perform at a specific athletic competition as an individual or as part of a group or team participating at an internationally recognized level of performance.

P-1A
A written consultation (see General Evidence) with an appropriate labor organization; Write P-1A in the classification block on the petition. The petition must be submitted with: D. E. F. 1. A. B. 2. 1. 2. 3. A. B. C. D. E. F. 1. 2. A. B. C.
Form I-129 Instructions (Rev. 07/07/08)Y Page 9

The alien or group has received significant recognition for achievements from critics, organizations, government agencies, or other recognized experts in the field; or The alien or group commands a high salary or other substantial remuneration for services compared to other similarly situated in the field. NOTE: By filing for a P-1 group, the petitioner certifies that the group has been established and performing regularly for a period of at least one year, and that at least 75 percent of the members of the group have been performing with the

group for at least one year. This one-year period requirement does not apply to circus groups coming to perform with nationally recognized circuses. Use the "Supplementary Information" form to request a waiver of: The one-year relationship requirement and the international recognition requirement based on emergent circumstances; or The international recognition requirement because the group has been recognized nationally as outstanding in its discipline for a substantial period of time. Evidence that the alien and the U.S. artist or group have comparable skills and that the terms of employment are similar; and Evidence that an appropriate labor organization in the United States was involved in negotiating or concurred with the exchange. A P-3 is an alien coming temporarily to perform, teach or coach, individually or as part of a group, in the arts or entertainment fields in a program that is culturally unique. A statement from the sponsoring organization describing the reciprocal agreement as it relates to the petition; The petition must be filed by the sponsoring organization or U.S. employer with: A written consultation (see General Evidence) from an appropriate labor organization; A copy of the reciprocal exchange program; A P-2 is an alien coming temporarily to perform as an artist or entertainer, individually or as part of a group, under a reciprocal exchange program between an organization in the United States and an organization in another country.

P-2 P-3
Write P-2 in the classification block on the petition. Write P-3 in the classification block on the petition. The petition must be submitted with: A written consultation (see General Evidence) from an appropriate labor organization; Evidence that all performances will be culturally unique; and either Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the alien's or group's skills in presenting, coaching, or teaching art forms; or Documentation that the performance of the alien or group is culturally unique as evidenced by actual reviews in newspapers, journals, or other published material. Accompanying support personnel are highly skilled aliens coming temporarily as an essential and integral part of the competition or performance of a principal P-1, P-2, or P-3, or because they perform support services that are essential to the successful performance or services of the principal P-1, P-2 or P-3. The accompanying personnel must have prior experience or critical skills with the principal P-1, P-2, or P-3. The petition must be filed in conjunction with a principal P-1, P-2, or P-3 petition. The petition must be submitted with: Write P-1S, P-2S, or P-3S as appropriate in the classification block on the petition. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement

under which the alien will be employed. Statements or affidavits from persons with first-hand knowledge that the alien has had substantial experience performing the critical skills and essential support services for the principal P-1, P-2, or P-3; A Q-1 is an alien coming temporarily to participate in an international cultural exchange program for sharing the attitude, customs, history, heritage, philosophy and/or traditions of the alien's country of nationality. The culture sharing must take place in a school, museum, business, or other establishment where the public, or a segment of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program.

Essential Support Personnel

The work component of the program may not be independent of the cultural component, but must serve as the vehicle to achieve the objectives of the cultural component. An employer (U.S. or foreign firm, corporation, nonprofit

Q-1
A written consultation (see General Evidence) from an appropriate labor organization; A statement describing the alien's critical skills and prior experience with the principal P-1, P-2, or P-3; D. E. 1. 2. A. B. 2. 3. 4. 5. 1. 2. 3. 4. 1. 1. 2. A. B. organization, or other legal entity) or its designated agent may file the petition. If a designated agent is filing the petition, that agent must be employed by the qualified employer on a permanent basis in an executive or managerial capacity and must be either a U.S. citizen or lawful permanent resident. Write Q-1 in the classification block on the petition. Will offer the alien wages and working conditions comparable to those accorded local domestic workers similarly employed; and Has the financial ability to remunerate the participant(s). Has designated a qualified employee to administer the program and serve as liaison with USCIS; Is actively doing business in the United States; To illustrate an established international cultural exchange program, submit program documentation, such as catalogs, brochures, or other types of material. To demonstrate financial ability to remunerate the

participant(s), submit your organization's most recent annual report, business income tax return, or other form of certified accountant's report. However, if the proposed dates of employment are within 15 months of the approval of a prior Q-1 petition filed by you for the same international cultural exchange program, and that earlier petition was filed with the above evidence of the program, you may submit a copy of the approval notice for that prior petition in lieu of the evidence about the program required above. The following classifications listed in this Section 2 do not require a petition for new employment if the alien is outside the United States. The alien should instead contact a U.S. Embassy or consulate for information about a visa or admission.

2. Petition Only Required for an Alien in the United States to Change Status or Extend Stay
Use this Form I-129 when the beneficiary is physically present in the United States and a change of status, concurrent employment, or an extension of stay is needed. Note, however, that the beneficiary must maintain legal status in the United States to remain eligible for the benefit sought. Change of Status: A petition for change of status to one of the classifications described in this section must be submitted with the initial evidence detailed below and with the initial evidence required by the separate instructions for all petitions involving change of status. The petition must be submitted with evidence showing that the employer: Maintains an established international cultural exchange program;
Form I-129 Instructions (Rev. 07/07/08)Y Page 10

Extension of Stay: A petition for an extension of stay must be filed with the initial evidence listed below and with the initial evidence required by the separate instructions for all petitions for extension. However, a petition for an extension based on unchanged, previously approved employment need only be filed with the initial evidence required by the separate extension of stay instructions. An E-1 is a national of a country with which the United States maintains a qualifying treaty and who is coming to the United States to carry on substantial trade principally between the United States and the alien's country of nationality.

E-1
An E-2 is a national of a country with which the United States maintains a qualifying treaty, and who is coming to the United States to develop and direct the operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital.

E-2
An employee of an E-1 or an E-2 who possesses the same nationality may respectively be classified as E-1 or E-2. The employee must principally and primarily perform executive or supervisory duties or possess special qualifications that are essential to the successful or efficient operation of the enterprise.

E-1 or E-2
An E-2 must demonstrate possession and control of funds and the ability to develop and direct the investment enterprise.

Capital in the process of being invested or that has been invested must be placed at risk and irrevocably committed to the enterprise. The enterprise must be a real, active, and operating commercial or entrepreneurial undertaking, that produces services or goods for profit. The investment must be substantial, and the enterprise must be more than marginal. Qualifying trade involves the commercial exchange of goods or services in the international market place. Substantial trade is an amount of trade sufficient to ensure continuous flow of international trade items between the United States and the treaty country. Principal trade exists when more than 50 percent of the E-1's total volume of international trade is conducted between the United States and the treaty country. The petition must be filed with evidence of: Ownership and nationality, including but not limited to lists of investors with current status and nationality, stock certificates, certificate of ownership issued by the commercial section of a foreign embassy, and reports from a certified personal accountant;

E Petition Requirements
1. 2. 3. 4. 5. 1. Substantial Trade (E-1), including but not limited to copies of three or more of the following: bills of lading, customs receipts, letter of credit, trade brochures, purchase orders, insurance papers, documenting commodities imported, carrier inventories, and/or sales contracts; Substantial Investment (E-2), including but not limited to copies of partnership agreements (with a statement on proportionate ownership), articles of incorporation, payments for the rental of business premises or office equipment, business licenses, stock certificates, office inventories (goods and equipment purchased for the business), insurance appraisals, annual reports, net worth statements from certified professional accountants, advertising invoices, business bank accounts containing funds for routine operations, funds held in escrow; or Executive or Supervisory Duties, or Special Qualifications Essential to the Enterprise (E-1 Employee or E-2 Employee), including but not limited to certificates, diplomas or transcripts, letters from employers describing job titles, duties, operators' manuals, and the required level of education and knowledge. An R-1 is an alien who for at least two years has been a member of a religious denomination having a bona fide nonprofit religious organization in the United States, coming temporarily to work solely: As a minister of that denomination;

R-1
In a religious vocation or occupation for the organization or its nonprofit affiliate. In a professional capacity in a religious vocation or occupation for that organization; or Write R-1 in the classification block on the petition. The petition must be filed by a U.S. employer with the following documentation:

A copy of the tax-exempt certificate showing the religious organization, and any affiliate that will employ the person, is a bona fide nonprofit religious organization in the United States and is exempt from taxation in accordance with section 501(c)(3) of the Internal Revenue Code of 1986 relating to religious organizations, or documents as is required by the Internal Revenue Service to establish eligibility for this tax exempt status; A letter or letters from the authorizing official of the religious denomination or organization that will be employing the alien or engaging the alien's services in the United States establishing that: If the alien's religious membership was maintained in whole or in part outside the United States, the foreign and U.S. religious organizations belong to the same denomination;
Form I-129 Instructions (Rev. 07/07/08)Y Page 11

Immediately prior to the filing of the petition or application for admission to the United States, the alien has been a member in the religious denomination for at least two years; The name and location of the specific organizational unit of the religious organization for which the alien will be providing services within the United States; and The arrangements made, if any, for remuneration for services rendered by the alien, the amount and source of any salary, a description of any other types of remuneration to be received, and a statement whether such remuneration shall be in exchange for services rendered; As appropriate: If the alien is a minister, he or she is authorized to conduct religious worship services for that denomination and to perform other duties usually performed by members of the clergy of that denomination, including a detailed description of those duties; If the alien is a religious professional, he or she has at least a U.S. baccalaureate degree or its foreign equivalent and that at least such a degree is required for entry into the religious profession; or If the alien is to work in another religious vocation or occupation, he or she is qualified in the religious vocation or occupation. If the alien is to work in a non-ministerial and nonprofessional capacity for a bona fide organization that is affiliated with a religious denomination, evidence of the existence of the affiliation. In addition to the initial evidence for the classification you are requesting, a petition requesting a change of status for an alien in the United States must be submitted with a copy of the employee's Form I-94, Nonimmigrant Arrival/Departure Record.

Change of Status
NOTE: Family members should use Form I-539, Application to Change/Extend Nonimmigrant Status, to apply for a change of status. A nonimmigrant, who must have a passport to be admitted, must keep that passport valid during his or her entire stay. If a required passport is not valid, include a full explanation with your petition. An alien admitted under a visa waiver program;

The following nonimmigrants are not eligible to change status: An alien in transit (C) or in transit without a visa (TWOV); A crewman (D); 2. 3. 4. 1. 2. 3. 1. 2. A. B. 3. A. B. C. 4. 5. 6. 1. 2. 3. A J-1 exchange visitor whose status was for the purpose of receiving graduate medical training (unless a waiver has been granted under section 214(l) of the Immigration and Nationality Act); A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement; and An M-1 student to an H classification, if training received as an M-1 helped him or her qualify for H classification. A Free Trade Nonimmigrant is a citizen of Canada or Mexico coming to the United States as a TN or a citizen from Chile or Singapore coming to the U.S. as an H-1B1 Free Trade Nonimmigrant temporarily under the provisions of a Free Trade Agreement. A qualified employer may file this Form I-129 for a citizen of one of the above countries if that citizen has already been admitted to the United States in a nonimmigrant category eligible for change of status. Along with Form I-129 and related supplement (Nonimmigrant classification based on a Free Trade Agreement Supplement), petitioners for Chile or Singapore H-1B1 nonimmigrants must also file the H-1Band H-1B1 Data Collection and Filing Fee Exemption Supplement to ensure accurate fee and data collection.

Change of Status to Free Trade Nonimmigrants

A fianc(e) (K-1) or his or her dependent (K-2); Evidence that the alien meets the educational and/or licensing requirements for the profession or occupation (including, for citizens of Chile, the post-secondary certificate for Agricultural Managers and Physical Therapists that is accepted by the U.S. Department of State if the citizen of Chile is receiving a nonimmigrant free trade visa overseas); and For citizens of Chile and Singapore, a U.S. Department of Labor issued certified labor condition application. A letter from the employer stating the activity to be engaged in, the anticipated length of stay, and the

arrangements for remuneration; In addition to the required information noted above under "Change of Status," submit the following: NOTE: Canadian or Mexican TN nonimmigrants can be petitioned for by either a U.S. employer or a foreign employer. However, for Chile or Singapore H-1B1 nonimmigrants, the petitioner must be a U.S. employer.

Extension of Stay
Extension of Stay for All Except Free Trade Nonimmigrants
A petition requesting an extension of stay for an employee in the United States must be filed with a copy of the employee's Form 1-94, Nonimmigrant Arrival/Departure Record, and a letter from the petitioner explaining the reasons for the extension. Consult the regulations relative to the specific nonimmigrant classification sought.
Form I-129 Instructions (Rev. 07/07/08)Y Page 12

Where there has been no change in the circumstances of employment, file your petition with the appropriate supplement and with your letter describing the continuing employment, and: If the petition is for H-1B status, submit an approved labor condition application for the specialty occupation valid for the period of time requested. A nonimmigrant who must have a passport to be admitted must keep that passport valid during his or her entire stay. If a required passport is not valid, include a full explanation with your petition. Where there has been a change in the circumstances of employment, submit also the evidence required for a new petition. NOTE: Family members should use Form I- 539 to file for an extension of stay. An employer requesting an extension of stay for an alien with a nonimmigrant classification based on a Free Trade Agreement should follow the above instructions. Submit with your extension request:

Extension of Free Trade Stay

If the petition is for H-2B status, submit a labor certification valid for the dates of the extension. If the petition is for H-2A status, submit a labor certification valid for the dates of the extension, unless it is based on a continuation of employment authorized by the approval of a previous petition filed with a certification, and the extension will last no longer than the previously authorized employment and no longer than two weeks. If the extension is for a Chile or Singapore H-1B1 Free Trade Nonimmigrant and it is the sixth consecutive extension request for that person, a statement to that effect must be provided. 1. 2. 4. A letter describing the continuing employment; The newly requested length of stay; Continued valid licensing if required by the profession and/or the State; and 3. In the case of a Chile or Singapore H-1B1 Free Trade Nonimmigrant, a currently valid labor condition attestation. NOTE: Canadian or Mexican TN nonimmigrants can be

petitioned for by either a U.S. employer or a foreign employer. However, for Chile or Singapore H-1B1 nonimmigrants, the petitioner must be a U.S. employer. Along with the Form I-129 and related supplement (nonimmigrant classification based on a Free Trade Agreement Supplement), petitioners for Chile or Singapore H-1B1 nonimmigrants must also file the H-1B Data Collection and Filing Fee Exemptions Supplement to ensure accurate fee and data collection. 4. 5. 6. 7. 1. 2. 3. 1. 2. 3.
Form I-129 Instructions (Rev. 07/07/08)Y Page 13

Written consultation. Noted classifications require a

written consultation with a recognized peer group, union, and/ or management organization regarding the nature of the work to be done and the alien's qualifications before the petition may be approved.

General Evidence
If you file a petition without the advisory opinion, you should send a copy of the petition and all supporting documents to the appropriate organization when you file the petition with USCIS, and name that organization in the petition. Copies. If these instructions state that a copy of a document may be filed with this petition and you choose to send us the original, we may keep that original for our records. Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English. If you do not know the name of an appropriate organization with which to consult, please indicate so on the petition. However, be advised that a petition filed without the actual advisory opinion will require substantially longer processing time. Explain to the organization that USCIS will contact them for an advisory opinion. If an accepted organization does not issue an advisory opinion within a given time period, a decision will be made based upon the evidence of record. To obtain timely adjudication of a petition, you should obtain a written advisory opinion from an appropriate peer group, union, and/or management organization and submit it with the petition.

When to File?
The Immigration and Nationality Act makes a petitioner liable for the reasonable cost of return transportation for an H-1B, H-2B, O, and P alien who is dismissed before the end of the authorized employment.

Liability for Return Transportation

Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory

provisions in 8 CFR which relate to the nonimmigrant classification sought. File the petition as soon as possible before the proposed employment begins or before an extension of stay will be required. If the petition is not submitted at least 45 days before the employment begins, petition processing and subsequent visa issuance may not be completed before the alien's services are required or previous employment authorization ends.

Where to File?
Premium Processing
If you are requesting Premium Processing Services on Form I-129, Petition for Nonimmigrant Worker, you must also file Form I-907, Request for Premium Processing Services. Before you file the I-129/I-907 package, check Premium Processing at www.uscis.gov website to ensure the requested classification is premium eligible.

Regular Processing
Form I-129 is filed either at the California Service Center or the Vermont Service Center, depending on the location of the beneficiary's temporary employment and the nonimmigrant classification sought. Prior to submitting your form(s), please note the different addresses. Failure to follow these instructions may result in your application or petition being rejected, delayed, or denied.

California Service Center Filings

File Form I-129 with the California Service Center if the beneficiary is or will be employed temporarily or receiving training in: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming. Mail your package to:

For Regular Processing H-1B Cap Cases:

USCIS California Service Center ATTN: H-1B Cap P.O. Box 10129 Laguna Niguel, CA 92607-1012

U.S. Masters Cap Cases:

USCIS California Service Center ATTN: H-1B U.S. Masters Cap P.O. Box 10129 Laguna Niguel, CA 92607-1012

H-1B Extensions:
USCIS California Service Center ATTN: H-1B Extensions P.O. Box 10129 Laguna Niguel, CA 92607-1012

All Other I-129 Cases:

USCIS California Service Center ATTN: I-129 P.O. Box 10129

Laguna Niguel, CA 92607-1012

Courier Address for All I-129s:

USCIS California Service Center 24000 Avila Road 2nd Floor, Room 2312 Laguna Niguel, CA 92677 (Please note the type of I-129 in the attention line)

Premium Processing:
If the classification requested on Form I-129 is eligible for Premium Processing and you wish to request Premium Processing services, please use the designated Premium Processing address for the California Service Center, as indicated below:

Form I-907/I-129 Regular Mailing Address:

Premium Processing Service USCIS California Service Center P.O. Box 10825 Laguna Niguel, CA 92607 (Please note the type of I-129 in the attention line)

Form I-907/I-129 Courier Mail Address:

Premium Processing Service USCIS California Service Center 24000 Avila Road 2nd Floor, Room 2312 Laguna Niguel, CA 92677 (Please note the type of I-129 in the attention line)
Form I-129 Instructions (Rev. 07/07/08)Y Page 14

Form I-907/I-129 E-Mail Address:

CSC-Premium.Processing@dhs.gov

Vermont Service Center Filings

File Form I-129 with theVermont Service Center if the beneficiary is or will be employed temporarily or receiving training in: Alabama, Arkansas, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia. Mail your package to:

H-1B Cap Cases:

USCIS Vermont Service Center ATTN: H-1B Cap 1A Lemnah Drive St. Albans, VT 05479-0001

H-1B U.S. Masters Cap Cases:

USCIS Vermont Service Center ATTN: H-1B U.S. Masters Cap 1A Lemnah Drive St. Albans, VT 05479-0001

All Other I-129 Cases:

USCIS Vermont Service Center

ATTN: I-129 75 Lower Welden Street St. Albans, VT 05479-0001

Premium Processing:
If the classification requested on Form I-129 is eligible for Premium Processing and you wish to request Premium Processing services, please use the designated Premium Processing address for the Vermont Service Center, as indicated below (for either mail or courier):

Vermont Service Center Filings

File Form I-129 with the Vermont Service Center if the beneficiary is or will be employed temporarily or receiving training in: Alabama, Arkansas, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia. Mail your package to:

H-1B Cap Cases:

USCIS Vermont Service Center ATTN: H-1B Cap 1A Lemnah Drive St. Albans, VT 05479-0001

H-1B U.S. Masters Cap Cases:

USCIS Vermont Service Center ATTN: H-1B U.S. Masters Cap 1A Lemnah Drive St. Albans, VT 05479-0001

All other I-129 Cases:

USCIS Vermont Service Center ATTN: I-129 75 Lower Welden Street St. Albans, VT 05479-0001

Premium Processing:
If the classification requested on Form I-129 is eligible for Premium Processing and you wish to request Premium Processing services, please use the designated Premium Processing address for the Vermont Service Center, as indicated below (for either mail or courier):
Form I-129 Instructions (Rev. 07/07/08)Y Page 15

Form I-907/I-129 Mailing Address and Courier Address H-1B Cap Cases:
Premium Processing Service USCIS Vermont Service Center ATTN: H-1B Cap 30 Houghton Street St. Albans, VT 05478-2399

H-1B U.S. Master Cap Cases:

Premium Processing Service USCIS Vermont Service Center

ATTN: H-1B U.S. Masters Cap 30 Houghton Street St. Albans, VT 05478-2399

All Other I-129 Cases:

Premium Processing Service USCIS Vermont Service Center ATTN: I-129 30 Houghton Street St. Albans. VT 05478-2399

Form I-907/I129 E-mail address:

VSC-Premium.Processing @dhs.gov.

Exceptions 1. Form I-129 Filed for Temporary Employment or Training

in More Than One Location: When the temporary employment or training will be in different locations, the State where your company or organization is located will determine the Service Center to which you should send the Form I-129 package. For example, the beneficiary will work in Arizona and Texas and your company is located in New York, file Form I-129 with the Vermont Service Center. 2. H-1C Classification for Nurses: Mail the I-129 package to the Vermont Service Center, regardless of where the temporary H-1C nurse will be employed. 3. R Classification for Temporary Religious Workers: Mail the I-129 package to the California Service Center, regardless of where the temporary religious worker will be employed. 4. Major League Sports: This covers major league athletes, minor league sports, and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football. Support personnel includes: coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters. Mail the I-129 package to the Vermont Service Center, regardless of the place of temporary employment. 5. Trade NAFTA (TN) for Nationals of Mexico and Canada: A. TN Extension or Change of Status for Nationals of Canada or Mexico Already in the United States: Mail the Form I-129 package to the Vermont Service Center, regardless of where the TN Canadian or Mexican national will be employed. B. Initial TN Classification for Nationals of Mexico: DO NOT use Form I-129 to apply for initial TN classification for a national of Mexico. To obtain more information on the application process, please visit the U.S. Department of State's TN Visa website. C. Initial TN Classification for Nationals of Canada: DO NOT use Form I-129 to apply for initial TN classification for a national of Canada. Please see 8 CFR 214.6 for information on applying at a U.S. port of entry.

H-1B1 Singapore/Chile Free Trade: 1. Initial H-1B1 Classification under the Singapore/
Chile Free Trade Agreement for Beneficiaries Outside the United States: DO NOT use Form I-129 to apply for initial H-1B1 classification. To

obtain more information on the H-1B1 application process, please visit the U.S. Department of State's website. 2. Change of Status to H-1B1 and Extension of H-1B1 Stay: Mail the Form I-129 package to the Vermont Service Center, regardless of where the H-1B1 beneficiary will be employed.
Form I-129 Instructions (Rev. 07/07/08)Y Page 16

E-3 Australian Free Trade: 1. Change of Status to E-3 and E-3 Extension:
Mail the Form I-129 package to the Vermont Service Center, regardless of where the E-3 beneficiary will be employed. 2. Initial E-3 Classification for Beneficiaries Outside the U.S.: DO NOT use Form I-129 to apply for initial E-3 classification if the beneficiary is outside the United States. To obtain more information on the E-3 application process, please visit the U.S. Department of State's website.

Updated Filing Address Information

The filing addresses provided on this form reflect the most current information as of the date this form was last printed. If you are filing Form I-129 more than 30 days after the latest edition date shown in the lower right-hand corner, please visit us online at www.uscis.gov before you file, and check the Forms and Fees page to confirm the correct filing address and version currently in use. Check the edition date located in the lower right-hand corner of the form. If the edition date on your Form I-129 matches the edition date listed for Form I-129 on the online Forms and Fees page, your version is current and will be accepted by USCIS. If the edition date on the online version is later, download a copy and use the online version. If you do not have Internet access, call Customer Service at 1-800-375-5283 to verify the current filing address and edition date. Improperly filed forms will be rejected, and the fee returned with instructions to resubmit the entire filing using the current form instructions.

Note on E-Filing
If you are e-filing this application, it will automatically be routed to the appropriate Service Center, and you will receive a receipt indicating the location to which it was routed. This location may not necessarily be the same center shown in the filing addresses listed above. For e-filed applications, it is very important to review your filing receipt and make specific note of the receiving location. All further communication, including submission of supporting documents, should be directed to the receiving location indicated on your e-filing receipt. A U.S. employer filing a $320 Form I-129 for an H-1B nonimmigrant or for a Chile or Singapore H-1B1 Free Trade Nonimmigrant must submit the $320 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement, an additional fee of either $1,500 or $750. The base filing fee for this petition is $320.

What Is the Filing Fee?

A U.S. employer with a total of 25 or fewer full-timeequivalent employees in the United States (including any

affiliate or subsidiary of the employer) is only obligated to pay the $750 fee. A U.S. employer filing a Form I-129 who is required to pay the additional fee may make the payment in the form of a single check or money order for the total amount due or as two checks or money orders, one for the additional fee and one for the petition fee.
Form I-129 Instructions (Rev. 07/07/08)Y Page 17

NOTE: H-1B and L-1 petitioners are required to pay the $500. The Fraud Prevention and Detection Fee mandated by the H-1B Visa Reform Act of 2004 must submit a check or money order separate from the additional fee and petition fee. Petitioners for Chile or Singapore H-1B1 Free Trade Nonnimmigrants do not have to pay this fee. Initial processing. Once a petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility, and we may deny your petition. Any petition that is not signed or accompanied by the correct fee will be rejected with a notice that the petition is deficient. You may correct the deficiency and resubmit the petition. A petition is not considered properly filed until accepted by USCIS.

Processing Information
If you live in Guam and are filing this petition there, make your check or money order payable to the "Treasurer, Guam." The fee must be submitted in the exact amount. It cannot be refunded. Do not mail cash. All checks and money orders must be drawn on a bank or other institution located in the United States and must be payable in U.S. currency. The check or money order must be made payable to the Department of Homeland Security, except that: NOTE: Employers filing H-2B petitions for employment to commence on or after October 1, 2005, must submit an additional fee of $150. The Save Our Small and Seasonal Businesses Act of 2005 authorized this $150 Fraud Prevention and Detection Fee. If you live in the U.S. Virgin Islands and are filing this petition there, make your check or money order payable to the "Commissioner of Finance of the Virgin Islands." When preparing the check or money order, spell out Department of Homeland Security. Do not use the initials "DHS" or "USDHS." Checks are accepted, subject to collection. An uncollected check will render the petition and any document issued invalid. A charge of $30 will be imposed if a check in payment of a fee is not honored by the bank on which it is drawn. How to check if the fee is correct. The fee on this form is current as of the publication date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below. Visit our website at www.uscis.gov and scroll down to "Immigration Forms" and check the appropriate fee; or Review the Fee Schedule included in your form package, if you called us to request the form; or In addition, you will face severe penalties provided by law

and may be subject to criminal prosecution.

Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with this petition, we will deny the petition and may deny any other immigration benefit. Requests for more information or interview. We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required. We ask for the information on this form and associated evidence to determine if you have established eligibility for the immigration benefit you are seeking. Our legal right to ask for this information is in 8 U.S.C. 1154, 1184, and 1258. We may provide this information to other government agencies. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your petition.

Privacy Act Notice

Decision. The decision on a petition involves separate
determinations of whether you have established that the alien is eligible for the requested classification based on the proposed employment, and whether he or she is eligible for any requested change of status or extension of stay. USCIS will notify you of the decision in writing. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information. 1. 2. 1. 2. 3. Note: If your petition requires payment of a biometric service fee for USCIS to take your fingerprints, photograph, or signature, you can use the same procedure to obtain the correct biometric fee.
Form I-129 Instructions (Rev. 07/07/08)Y Page 18

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our Internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.

Paperwork Reduction Act

An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 2 hours and 45 minutes per response, including the time for reviewing instructions, and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529. OMB No. 1615-0009. Do not mail your application to this address.

To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations, and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our Internet website at www.uscis.gov.

USCIS Information and Forms

Continuation of previously approved employment without change with the same employer. Part 2. Information about this petition (See instructions for fee information.) Returned Date Date Date Date Date Date Date Date Resubmitted Reloc Sent Reloc Rec'd Petitioner Interviewed on Receipt Action Block Attorney or Representative, if any. To Be Completed by Fill in box if G-28 is attached to represent the applicant.
ATTY State License #

Beneficiary Interviewed on Partial Approval (explain) Given Name (First Name) 2. Company or Organization Name C/O: (In Care Of) City Mailing Address: (Street Number and Name) E-Mail Address (If Any) Suite # Telephone No. w/Area Code Zip/Postal Code Telephone No. w/Area Code Full Middle Name 1. Family Name (Last Name)

() ()
Prior Petition If the beneficiary is in the U.S. as a nonimmigrant and is applying to change and/or extend his or her status, give the prior petition or application receipt #: a. New employment (including new employer filing H-1B extension). a. 1. Requested Action (Check one): Notify the office in Part 4 so the person(s) can obtain a visa or be admitted. (NOTE: a petition is not required for an E-1, E-2 or R visa). Change the person(s)' status and extend their stay since the person(s) are all

now in the U.S. in another status (see instructions for limitations). This is available only where you check "New Employment" in Item 2, above. b. e. Change in previously approved employment. New concurrent employment. b. d. c. e. Change of employer. Requested Nonimmigrant Classification (Write classification symbol): 4. 5. Extend the stay of the person(s) since they now hold this status. Total number of workers in petition (See instructions relating to when more than one worker can be included): 6. f. Amended petition. 2. Basis for Classification (Check one): c.
Department of Homeland Security U.S. Citizenship and Immigration Services

START HERE - Please type or print in black ink For USCIS Use Only

I-129, Petition for a Nonimmigrant Worker

Part 1. Information about the employer filing this petition If the employer
is an individual, complete Number 1. Organizations should complete Number 2. Individual Tax # 3. If you checked Box 2b, 2c, 2d, 2e, or 2f, give the petition receipt number. Federal Employer Identification # Country State/Province Extend the status of a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and H1B1 to Form I-129). d. Amend the stay of the person(s) since they now hold this status. Change status to a nonimmigrant classification based on a Free Trade Agreement. (See Free Trade Supplement for TN and H1B1 to Form I-129). f. U.S. Social Security #
Class: # of Workers: Priority Number: Validity Dates: From: To:

Classification Approved
Consulate/POE/PFI Notified At Extension Granted COS/Extension Granted
OMB No. 1615-0009; Expires 07/31/10

Form I-129 (Rev.07/07/08)Y

Information about the person(s) for whom you are filing Complete the blocks below. Use
the continuation sheet to name each person included in this petition.

Part 3.
Family Name (Last Name) Given Name (First Name) Full Middle Name If an Entertainment Group, Give the Group Name Date of Birth (mm/dd/yyyy) Country of Citizenship U.S. Social Security # (if any) A # (if any)

Country of Birth If in the United States, Complete the Following: Date of Last Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current U.S. Address 1. 2.

Part 4. Processing Information

1. If the person named in Part 3 is outside the United States or a requested extension of stay or change of status cannot be granted, give the U.S. consulate or inspection facility you want notified if this petition is approved. Province of Birth Type of Office (Check one): Port of Entry Office Address (City) U.S. State or Foreign Country Person's Foreign Address Consulate Pre-flight inspection Not required to have passport No - explain on separate paper No How many? No How many? 2. Does each person in this petition have a valid passport? Are you filing any other petitions with this one? Are applications for replacement/initial I-94s being filed with this petition? 3. 4. Yes Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Passport Number Date Passport Issued (mm/dd/yyyy) Date Passport Expires (mm/dd/yyyy) All Other Names Used (include maiden name and names from all previous marriages) No How many? No Yes - explain on separate paper 5. Is any person in this petition in removal proceedings? Are applications by dependents being filed with this petition? 6.
Form I-129 (Rev. 07/07/08)Y Page 2

Yes Yes Yes -

Part 4. Processing Information (Continued)

1.

Part 5. Basic information about the proposed employment and employer Attach the
supplement relating to the classification you are requesting. Job Title 2. Nontechnical Job Description 3. LCA Case Number 4. NAICS Code 5. Address where the person(s) will work if different from address in Part 1. (Street number and name, city/town, state, zip code) 7. Other Compensation (Explain) 8. Dates of intended employment (mm/dd/yyyy): From: To: 10. Type of Business 11. Year Established 12. Current Number of Employees 6. Is this a full-time position? 9. Type of Petitioner - Check one: 9. Have you ever previously filed a petition for this person? No Yes - explain on separate paper 10. If you are filing for an entertainment group, has any person in this petition not been with the group for at least one year? No Yes - explain on separate paper 7. Have you ever filed an immigrant petition for any person in this petition? No Yes - explain on separate paper 8. If you indicated you were filing a new petition in Part 2, within the past seven years has any person in this petition:

a. Ever been given the classification you are now requesting? No Yes - explain on separate paper b. Ever been denied the classification you are now requesting? No Yes - explain on separate paper Hours per week: Wages per week or per year: U.S. citizen or permanent resident Organization Other - explain on separate paper 13. Gross Annual Income 14. Net Annual Income
Form I-129 (Rev. 07/07/08)Y Page 3

No - Yes I certify, under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it is all true and correct. If filing this on behalf of an organization, I certify that I am empowered to do so by that organization. If this petition is to extend a prior petition, I certify that the proposed employment is under the same terms and conditions as stated in the prior approved petition. I authorize the release of any information from my records, or from the petitioning organization's records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I declare that I prepared this petition at the request of the above person and it is based on all information of which I have any knowledge. NOTE: If you do not completely fill out this form and the required supplement, or fail to submit required documents listed in the instructions, the person(s) filed for may not be found eligible for the requested benefit and this petition may be denied. Signature Daytime Phone Number (Area/Country Code) Part 6. Signature Read the information on penalties in the instructions before completing this section. Print Name Date (mm/dd/yyyy)

Part 7. Signature of person preparing form, if other than above

Signature Daytime Phone Number (Area/Country Code) Print Name Date (mm/dd/yyyy) Firm Name and Address
Form I-129 (Rev. 07/07/08)Y Page 4

() ()
Name of person or organization filing petition: Name of person for whom you are filing: Classification sought (Check one): Name of country signatory to treaty with U.S.: E-1 Treaty trader E-2 Treaty investor

E Classification Supplement to Form I-129

1. 2. 3. 4.

Section 1. Information about the employer outside the United States (if any)
Employer's Name Principal Product, Merchandise or Service Employee's Position - Title, duties and number of years employed Employer's Address (Street number and name, city/town, state/province, zip/postal code) Total Number of Employees

Section 2. Additional information about the U.S. Employer

The U.S. company is to the company outside the United States (Check one): Branch Subsidiary Affiliate Joint Venture 1. Parent 2. Date and Place of Incorporation or Establishment in the United States 3. Nationality of Ownership (Individual or Corporate) Assets Net Worth Staff in the United States How many executive and/or managerial employees does petitioner have who are nationals of the treaty country in

either E or L status? Provide the total number of employees in executive or managerial positions in the United States. 4. 7. 5. 6. a. c. How many specialized qualifications or knowledge persons does the petitioner have who are nationals of the treaty country in either E or L status? b. d. Provide the total number of specialized qualifications or knowledge persons positions in the United States. Total number of employees the alien would supervise; or describe the nature of the specialized skills essential to the U.S. company.

Section 3. Complete if filing for an E-1 Treaty Trader

For Year Ending (yyyy) Total Annual Gross Trade/Business of the U.S. company 8. 1. 2. Total Annual Income Percent of total gross trade between the United States and the country of which the treaty trader organization is a national. 3.

Section 4. Complete if filing for an E-2 Treaty Investor

Total Investment: Equipment Other Inventory Premises Total Cash
Name (First/Middle/Last) Nationality Immigration Status % Ownership Department of Homeland Security U.S. Citizenship and Immigration Services
OMB No. 1615-0009; Expires 07/31/10

Form I-129 Supplement E (Rev. 07/07/08)Y Page 5

Name of person or organization filing petition: Name of person for whom you are filing:

Nonimmigrant Classification Based on Free Trade Agreement-Supplement to Form I-129

1. 2. Employer is a (Check one): If Foreign Employer, name the foreign country. U.S. Employer Foreign Employer 3. 4. a. Free Trade, Canada (TN) b. Free Trade, Chile (H1B1) 1.

Section 1. Information about requested extension or change (See instructions attached to

this form.) c. Free Trade, Mexico (TN) d. Free Trade, Singapore (H1B1) e. Free Trade, Other f. I am an H-1B1 Free Trade Nonimmigrant from Chile or Singapore and this is my sixth consecutive request for an extension. I certify, under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it is all true and correct. If filing this on behalf of an organization, I certify that I am empowered to do so by that organization. If this petition is to extend a prior petition, I certify that the proposed employment is under the same terms and conditions as stated in the

prior approved petition. I authorize the release of any information from my records, or from the petitioning organization's records, that the U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I declare that I prepared this petition at the request of the above person and it is based on all information of which I have any knowledge. NOTE: If you do not completely fill out this form and the required supplement, or fail to submit required documents listed in the instructions, the person(s) filed for may not be found eligible for the requested benefit and this petition may be denied. Signature Daytime Phone Number (Area/Country Code) Part 2. Signature Read the information on penalties in the instructions before completing this section. Print Name Date (mm/dd/yyyy)

Part 3. Signature of person preparing form, if other than above

Signature Daytime Phone Number (Area/Country Code) Print Name Date (mm/dd/yyyy) Firm Name and Address a. Free Trade, Canada (TN) b. Free Trade, Chile (H1B1) This is a request for a change of nonimmigrant status to (Check one): 2. c. Free Trade, Mexico (TN) d. Free Trade, Singapore (H1B1) e. Free Trade, Other This is a request for an extension of Free Trade status Or based on (Check one):

() ()
Department of Homeland Security U.S. Citizenship and Immigration Services

f. I am an H-1B1 Free Trade Nonimmigrant from Chile or Singapore and this is my first request for a change of status to H-1B1 within the past six years.
OMB No.1615-0009; Expires 07/31/10

Form I-129 Supplement FT (Rev. 07/07/08)Y Page 6

Name of person or total number of workers or trainees for whom you are filing: Classification sought (Check one): H-1B1 Specialty occupation H-2A Agricultural worker H-2B Non-agricultural worker H-3 Trainee H-3 Special education exchange visitor program

H Classification Supplement to Form I-129

Name of person or organization filing petition: 1. 2. 3. 4.

Section 1. Complete this section if filing for H-1B classification

Describe the proposed duties Alien's present occupation and summary of prior work experience 1. 2. Statement for H-1B specialty occupations only: Petitioner's Signature Print or Type Name Date (mm/dd/yyyy)

Statement for H-1B specialty occupations and U.S. Department of Defense projects: Signature of Authorized Official of Employer Statement for H-1B U.S. Department of Defense projects only: Print or Type Name Date (mm/dd/yyyy) DOD Project Manager's Signature Print or Type Name Date (mm/dd/yyyy) 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 national or international acclaim
Department of Homeland Security U.S. Citizenship and Immigration Services

List the alien's and any dependent family member's prior periods of stay in H classification in the United States for the last six years. Be sure to list only those periods in which the alien and/or family members were actually in the United States in an H classification. NOTE: Submit photocopies of Forms I-94, I-797 and/or other USCIS issued documents noting these periods of stay in the H classification. If more space is needed, attach an additional sheet(s). (If applying for H-2A/H-2B classification skip this item.) By filing this petition, I agree to the terms of the labor condition application for the duration of the alien's authorized period of stay for H-1B employment. 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 alien is dismissed from employment by the employer before the end of the period of authorized stay. I certify that the alien will be working on a cooperative research and development project or a coproduction project under a reciprocal government-to-government agreement administered by the U.S. Department of Defense.
OMB No.1615-0009; Expires 07/31/10

Form I-129 Supplement H (Rev. 07/07/08)Y Page 7 Subject's Name Period of Stay (mm/dd/yyyy)
From: To: From: To:

Subject's Name Period of Stay (mm/dd/yyyy)

From: To: From: To:

Section 3. Complete this section if filing for H-2A classification

Part A. Petitioner: Petitioner's Signature Print or Type Name Date (mm/dd/yyyy) Employer's Signature Print or Type Name Date (mm/dd/yyyy)

Section 2. Complete this section if filing for H-2A or H-2B classification

Temporary need is: (Check one) Unpredictable Explain your temporary need for the alien's services (attach a separate sheet(s) paper if additional space is needed). 1. Employment is: (Check one) 2. 3. Seasonal Peakload Intermittent One-time occurence Part B. Employer who is not the petitioner: a. b. c. d. a. The 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 requirements. The petitioner further agrees to notify USCIS in the manner and within the time frame specified if an H-2A worker absconds, or if the authorized employment ends more than five days before the relating certification document expires, and pay liquidated damages of ten dollars ($10 for each instance where it cannot demonstrate compliance with this notification requirement. The petitioner agrees also to pay liquidated damages of two hundred dollars ($200.00) for each instance where it cannot be demonstrated that the H-2A worker either departed the United States or obtained authorized status during the period of admission or within five days of early termination, whichever comes first. 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. By filing this petition, I agree to the conditions of H-2A employment and agree to the notice requirements and limited liabilities defined in 8 CFR 214.2(h)(3)(vi). 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 eligibility. b. Periodic c. Recurrent annually
Form I-129 Supplement H (Rev. 07/07/08)Y Page 8

Section 4. Complete this section if filing for H-3 classification

If you answer "yes" to any of the following questions, attach a full explanation. a. Is the training you intend to provide, or similar training, available in the alien's country? b. Will the training benefit the alien in pursuing a career abroad? c. Does the training involve productive employment incidental to training? d. Does the alien already have skills related to the training? e. Is this training an effort to overcome a labor shortage? f. Do you intend to employ the alien abroad at the end of this training? If you do not intend to employ this person 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. No No No No No Yes Yes Yes Yes Yes Yes 1. 2. No Part C. Joint Employers: I agree to the conditions of H-2A eligibility. Joint Employer's Signature(s) Print or Type Name Joint Employer's Signature(s) Joint Employer's Signature(s) Joint Employer's Signature(s) Print or Type Name Print or Type Name Print or Type Name Date (mm/dd/yyyy) Date (mm/dd/yyyy) Date (mm/dd/yyyy)

Date (mm/dd/yyyy)
Form I-129 Supplement H (Rev. 07/07/08)Y Page 9

Petitioner's Name

Part A. General Information

If yes, is it because the beneficiary's annual rate of pay is equal to at least $60,000? Or is it because the beneficiary has a master's or higher degree in a speciality related to the employment? 1. No Yes No Yes Beneficiary' s Last Name First Name Middle Name Attention To or In Care Of Current Residential Address - Street Number and Name Apt. # City State Zip/Postal Code NO DIPLOMA Some college credit, but less than one year HIGH SCHOOL GRADUATE - high school DIPLOMA or the equivalent (example: GED) One or more years of college, no degree Beneficiary's Highest Level of Education Please check one box below. Rate of Pay Per Year LCA Code NAICS Code a. Is the petitioner a dependent employer? No Yes b. Has the petitioner ever been found to be a willful violator? No Yes c. Is the beneficiary an exempt H-1B nonimmigrant? No Yes Are you an institution of higher education as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001(a)? 1. Yes No Are you a nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001(a)? 2. Yes No 2. In order for USCIS to determine if you must pay the additional $1,500 or $750 fee, please answer all of the following questions: Employer Information - (check all items that apply)
Department of Homeland Security U.S. Citizenship and Immigration Services

Associate's degree (for example: AA, AS) Master's degree (for example: MA, MS, MEng, MEd, MSW, MBA) Professional degree (for example: MD, DDS, DVM, LLB, JD) Doctorate degree (for example: PhD, EdD) Bachelor's degree (for example: BA, AB, BS) Has the beneficiary of this petition earned a master's or higher degree from a U.S. institution of higher education as defined in 20 U.S.C. section 1001(a)? U.S. Social Security # (If Any) I-94 # (Arrival/Departure Document) Previous Receipt # (If Any)
1. 2. 3. 5. 6. 7. 8.

Part B. Fee Exemption and/or Determination

No (If "Yes" provide the following information): Name of the U.S. institution of higher education Date Degree Awarded Type of U.S. Degree Address of the U.S. institution of higher education 4. Major/Primary Field of Study

H-1B Data Collection and Filing Fee Exemption Supplement

OMB No.1615-0009; Expires 07/31/10

Form I-129 H-1B Data Collection Supplement (Rev. 07/07/08)Y Page 10

Yes I certify under penalty of perjury, under the laws of the United States of America, that this attachment and the evidence submitted with

it is true and correct. If filing this on behalf of an organization or entity, I certify that I am empowered to do so by that organization or entity. I authorize the release of any information from my records, or from the petitioning organization or entity's records, that U.S. Citizenship and Immigration Services may need to determine eligibility for the exemption being sought.

Part C. Numerical Limitation Exemption Information

Signature Print Name Title Date (mm/dd/yyyy) Is the petitioner a non-profit entity that engages in an established curriculum-related clinical training of students registered at such an institution? 8. Yes No 4. Yes No Is this the second or subsequent request for an extension of stay that you have filed for this alien? 5. Yes No Is this an amended petition that does not contain any request for extensions of stay? 6. Yes No Are you filing this petition in order to correct a USCIS error? 7. Yes No Is the petitioner a primary or secondary education institution? Is the beneficiary of this petition a J-1 nonimmigrant alien who received a waiver of the two-year foreign residency requirement described in section 214 (l)(1)(B) or (C) of the Act? 4. Yes No If the petition is to request a change of employer, did the beneficiary previously work as an H-1B for an institution of higher education, an entity related to or affiliated with an institution of higher education, or a nonprofit research organization or governmental research institution defined in questions 1, 2 and 3 of Part C of this form? 6. 5. Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status? Yes No Yes No Are you an institution of higher education as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001(a)? 1. Yes No Are you a nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)? 2. Yes No Are you a nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)? 3. Yes No

Certification
If you answered "Yes" to any of the questions above, then you are required to submit the fee for your H1B Form I-129 petition, which is $320. If you answered "No" to all questions, please answer Question 9. Do you currently employ a total of no more than 25 full-time equivalent employees in the United States, including any affiliate or subsidiary of your company? 9. Yes No If you answered "Yes" to Question 9 above, then you are required to pay an additional fee of $750. If you answered "No", then you are required to pay an additional fee of $1,500. NOTE: On or after March 8, 2005, a U.S. employer seeking initial approval of H-1B or L nonimmigrant status for a beneficiary, or seeking approval to employ an H-1B or L nonimmigrant currently working for another U.S. employer, must submit an additional $500 fee. This additional $500 Fraud Prevention and Detection fee was mandated by the provisions of the H1B Visa Reform Act of 2004. There is no exemption from this fee. Has the beneficiary of this petition earned a master's or higher degree from a U.S. institution of higher education, as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)? 7. Yes No Are you a nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)?

3. Yes No
Form I-129 H-1B Data Collection Supplement (Rev. 07/07/08)Y Page 11
OMB No.1615-0009; Expires 07/31/10

L Classification Supplement to Form I-129

Name of person for whom you are filing:

Section 1. Complete this section if filing for an individual petition

Classification sought (Check one): Name of person or organization filing petition: 2. 3. 1. This petition is (Check one): 2. Name of employer abroad Dates of alien's employment with this employer (Explain any interruptions in employment) 3. 5. 4. Address of employer abroad (Street number and name, city/town, state/province, zip/postal code) Description of the alien's proposed duties in the United States 6. Description of the alien's duties for the past three years 7. 8. Summary of the alien's education and work experience
Dates of Employment (mm/dd/yyyy) From: To: Explanation of Interruptions Department of Homeland Security U.S. Citizenship and Immigration Services

1. List the alien's and any dependent family member's prior periods of stay in an H or L classification in the United States for the last seven years. Be sure to list only those periods in which the alien and/or family members were actually in the U.S. in an H or L classification. 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(s).
Subject's Name Period of Stay (mm/dd/yyyy) From: To:

a. An individual petition b. A blanket petition a. L-1A manager or executive b. L-1B specialized knowledge
From: To: From: To: From: To: From: To: From: To: From: To: Form I-129 Supplement L (Rev. 07/07/08)Y Page 12

1. Name of person or organization filing petition: 2. Name of person for whom you are filing:

Section 2. Complete this section if filing a blanket petition

Name and Address Relationship

List all U.S. and foreign parent, branches, subsidiaries and affiliates included in this petition. (Attach a separate sheet(s) of paper if additional space is needed.) The U.S. company is to the company abroad: (Check one) Parent Branch Subsidiary Affiliate Joint Venture 9. 10.
Company stock ownership and managerial control of each company U.S. Tax Code Number

Describe the stock ownership and managerial control of each company. Provide the U.S. Tax Code Number for each company. Is the alien coming to the United States to open a new office? 11.

Yes No (Attach explanation) 12. Yes (Attach explanation) No a. b. c. d. e. Do the companies currently have the same qualifying relationship as they did during the one-year period of the alien's employment with the company abroad?

Section 1. Complete this section if filing for an individual petition (Continued)

13. If you are seeking L-1B specialized knowledge status for an individual, answer the following question: Will the beneficiary be stationed primarily offsite (at the worksite of an employer other than the petitioner or its affiliate, subsidiary, or parent)? Yes No If you answered "Yes" to the preceding question, describe how and by whom the beneficiary's work will be controlled and supervised. Include a description of the amount of time each supervisor is expected to control and supervise the work. Use an attachment if needed. If you answered "Yes" to the preceding question, also describe the reasons why placement at another worksite outside the petitioner, subsidiary, or parent is needed. Include a description of how the beneficiary's duties at another worksite relate to the need for the specialized knowledge he or she possesses. Use an attachment if needed.

Section 3. Fraud Prevention and Detection Fee

As of March 8, 2005, a U.S. employer seeking initial approval of L nonimmigrant status for a beneficiary, or seeking approval to employ an L nonimmigrant currently working for another U.S. employer, must submit an additional $500 fee. This additional $500 Fraud Prevention and Detection fee was mandated by the provisions of the H-1B Visa Reform Act of 2004. There is no exemption from this fee. You must include payment of this $500 fee with your submission of this form. Failure to submit the fee when required will result in rejection or denial of your submission.
Form I-129 (Rev. 07/07/08)Y Page 13

Name of person or organization filing petition:

O and P Classifications Supplement to Form I-129

1. Explain the nature of the event Describe the duties to be performed If filing for an O-2 or P support alien, list dates of the alien's prior experience with the O-1 or P alien 4. 5. 6. Yes - Attached No - Copy of request attached O-1 Extraordinary Ability Have you obtained the required written consultation(s)? If not, give the following information about the organization(s) to which you have sent a duplicate of this petition. 7. Name of Recognized Peer Group Daytime Telephone # (Area/Country Code) Complete Address Date Sent (mm/dd/yyyy) O-1 Extraordinary achievement in motion pictures or television Name of Labor Organization Daytime Telephone # (Area/Country Code) Complete Address Date Sent (mm/dd/yyyy) Daytime Telephone # (Area/Country Code) Complete Address Date sent (mm/dd/yyyy) Name of Management Organization O-2 or P alien Name of Labor Organization Daytime Telephone # (Area/Country Code)

Complete Address Date Sent (mm/dd/yyyy)

() () () ()
Department of Homeland Security U.S. Citizenship and Immigration Services

Name of person or group or total number of workers for whom you are filing: P-2 Artist or entertainer for reciprocal exchange program. 3. Classification sought (Check one): O-1A Alien of extraordinary ability in sciences, education, business, or athletics (not including the arts, motion picture, or television industry.) O-1B Alien of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. O-2 Accompanying alien who is coming to the U.S. to assist in the performance of the O-1. P-1S Essential Support Personnel for P-1. P-2S Essential Support Personnel for P-2. P-3 Artist/Entertainer coming to the United States to perform, teach, or coach under a program that is culturally unique. P-3S Essential Support Personnel for P-3. a. P-1 Athletic/Entertainment group. b. c. d. e. f. g. h. i.
OMB No.1615-0009; Expires 07/31/10

Form I-129 Supplement O/P (Rev. 07/07/08)Y Page 14

2.
OMB No.1615-0009; Expires 07/31/10

Q-1 and R-1 Classifications Supplement to Form I-129

Name of person or organization filing petition: Name of person for whom you are filing:

Section 1. Complete this section if you are filing for a Q-1 international cultural exchange alien
Petitioner's signature Date (mm/dd/yyyy)

Section 2. Complete this section if you are filing for an R-1 religious worker
Describe the alien's qualifications for the vocation or occupation 1. 2. 2. 3. 4. Describe the alien's proposed duties in the United States
Department of Homeland Security U.S. Citizenship and Immigration Services

I also certify that I will offer the alien(s) the same wages and working conditions comparable to those accorded local domestic workers similarly employed. Is at least 18 years of age, I hereby certify that the participant(s) in the international cultural exchange program:

Has the ability to communicate effectively about the cultural attributes of his or her country of nationality to the American public, and Has resided and been physically present outside the United States for the immediate prior year, if he or she was previously admitted as a Q-1. Is qualified to perform the service or labor or receive the type of training stated in the petition, List the alien's and any dependent family member's prior periods of stay in R classification in the United States for the last six years. Be sure to list only those periods in which the alien and/or family members were actually in the United States in an R classification. NOTE: Submit photocopies of Forms I-94, I-797 and/or other USCIS issued documents noting these periods of stay in the R classification. If more space is needed, attach an additional sheet(s). 1.
Subject's Name Period of Stay (mm/dd/yyyy)
From: To: From: To: From: To:

Description of the relationship between the religious organization in the United States and the organization abroad of which the alien was a member
Form I-129 Supplement Q/R (Rev. 07/07/08)Y Page 15 Subject's Name Period of Stay (mm/dd/yyyy)
From: To: From: To: From: To:

A. B. C. D.

Attachment - 1
Attach to Form I-129 when more than one person is included in the petition. (List each person separately. Do not include the person you named on the Form I-129.) IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy) Date of Birth mm/dd/yyyy Form I-129 Attachment - 1 (Rev. 07/07/08)Y Page 16

IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy) Date of Birth mm/dd/yyyy

IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name

Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy) Date of Birth mm/dd/yyyy

IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy) Date of Birth mm/dd/yyyy

Attachment - 1
Attach to Form I-129 when more than one person is included in the petition. (List each person separately. Do not include the person you named on the Form I-129.) IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy) Date of Birth mm/dd/yyyy Form I-129 Attachment - 1 (Rev. 07/07/08)Y Page 17

IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy) Date of Birth mm/dd/yyyy

IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy) Date of Birth mm/dd/yyyy

IF IN THE U.S.
Family Name (Last Name) Given Name (First Name) Full Middle Name Country of Birth Country of Citizenship U.S. Social Security # (if any) A # (if any) Date of Arrival (mm/dd/yyyy) I-94 # (Arrival/Departure Document) Current Nonimmigrant Status Date Status Expires (mm/dd/yyyy) Country Where Passport Issued Date Passport Expires (mm/dd/yyyy) Date Started With Group (mm/dd/yyyy)

Date of Birth mm/dd/yyyy Department of Homeland Security U.S. Citizenship and Immigration Services

Instructions for Form I-539, Application to Extend/Change Nonimmigrant Status

What Is the Purpose of This Form?
You should use this form if you are one of the nonimmigrants listed below and wish to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay, or a change to another nonimmigrant status.
OMB No. 1615-0003; Expires 12/31/08
Form I-539 Instructions (Rev. 12/31/07) Y

Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper and indicate the part and number of the item to which the answer refers.

Instructions
You must submit an application for extension of stay, or change of status before your current authorized stay expires. We suggest you file at least 45 days before your stay expires, or as soon as you determine your need to change status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that: 1. The delay was due to extraordinary circumstances beyond your control;

When Should I Use Form I-539?

NOTE: You have the option of submitting this paper version of Form I-539 according to form's instructions or you may file the application electronically. To file electronically, visit our Internet website at www.uscis.gov and follow the instructions on e-filing. Whether you submit this paper form or e-file, U.S. Citizenship and Immigration Services (USCIS) recommends that you retain a copy of your application and supporting documents for your records. In certain situations, you may use this form to apply for an initial nonimmigrant status. You may also use this form if you are a nonimmigrant F-1, or M-1 student applying for reinstatement. 2. The length of the delay was reasonable; 3. You have not otherwise violated your status; 4. You are still a bona fide nonimmigrant; and 5. You are not in removal proceedings.

Extension of Stay or Change of Status

Who May File This Form I-539?

Nonimmigrants in the United States may apply for an extension of stay or a change of status on this form, except as noted in these instructions under the heading, "Who May Not File This Form I-539." You may include your spouse and your unmarried children under age 21 years as co-applicants in your application for the same extension or change of status, if you are all now in the same status or they are all in derivative status.

Multiple Applicants
This form may be used by the following nonimmigrants listed in alphabetical order: Nonimmigrant Categories

1. An A, Ambassador, Public Minister, or Career Diplomatic or Consular Officer

and their immediate family members

You must submit a copy, front and back, of the Form I-94 of each person included in the application and a Form I-566, Interagency Record of Individual Requesting Change, Adjustment to, or from, A to G Status; or Requesting A, G or NATO Dependent Employment Authorization, certified by the U.S. Department of State to indicate your accredited status. NOTE: An A-1 or A-2 nonimmigrant is not required to pay a fee with the Form I-539 application.

2. An A-3, Attendant or Servant of an A Nonimmigrant and the A-3's immediate family members
You must submit a copy, front and back, of Form I-94 of each person included in the application. A. A copy of your employer's Form I-94 or approval notice demonstrating A status; The application must be filed with: B. An original letter from your employer describing your duties and stating that he or she intends to personally employ you, and arrangements you have made to depart from the United States; and
Form I-539 Instructions (Rev. 12/31/07) Y Page 2

C. An original Form I-566, certified by the U.S. Department of State, indicating your employer's continuing accredited status. If you are filing for an extension/change, you must file your application with the original Form I-94 of each person included in your application. In addition, you must submit a written statement explaining in detail:

3. A B-1, Visitor for Business or B-2, Visitor for Pleasure

A. The reasons for your request; B. Why your extended stay would be temporary, including what arrangements you have made to depart from the United States; and C. Any effect the extended stay may have on your foreign employment or residency. If you are applying for an extension/change of B-1, Visitor for pleasure, you must designate your desired status using the following classification in Part 2.1.b of Form I-539: A. B-1A, non-immigrant who is the personal or domestic servant of a nonimmigrant employer; B. B-1B, nonimmigrant domestic servant of a U.S. citizen; C. B-1C, non-immigrant who is employed by a foreign airline; D. B-1D, non-immigrant who is a missionary; E. B-1, all other visa classifications not designated above. A. Form I-129, Petition for Alien Worker, filed for that E or a copy of the filing receipt noting that the petition is pending with USCIS; If you are filing for an extension/change of status as the dependent of an E, this application must be submitted with:

4. Dependents of an E, Treaty Trader or Investor, or Australian Specialty Occupation Worker

B. A copy of the E's Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and C. Evidence of relationship (example: birth or marriage certificate).

NOTE: An employer or investor should file Form I-129 to request an extension/change to E status for an employee, prospective employee, or the investor. Dependents of E employees should file for an extension/change of status on this form, not Form I-129. Your application must include your original Form I-20 (Certificate of Eligibility for Nonimmigrant Student) issued by the school where you will study. To request either a change or reinstatement, you must submit documentation that demonstrates your ability to pay for your studies, and support yourself while you are in the United States. To request a change to F-1 status or to apply for reinstatement as an F-1 student, you must submit your original Form I-94, as well as the original Form I-94 of each person included in the application.

5. An F-1, Academic Student

F-1 Extensions Do not use this form to request an extension. For information concerning extensions, contact your designated school official at your institution. F-1 Reinstatement You will only be considered for reinstatement as an F-1 student if you establish: B. You are pursuing or will pursue a full course of study; A. That the violation of status was due solely to circumstances beyond your control or that failure to reinstate you would result in extreme hardship; C. You have not been employed without authorization; and D. You are not in removal proceedings. NOTE: A G-1 through G-4 nonimmigrant is not required to pay a fee with the I-539 application.

6. A G, Designated Principal Resident Representative of a Foreign Government and his or her immediate family members
You must submit a copy, front and back, of Form I-94 for each person included in the application, and a Form I-566, certified by the U.S. Department of State to indicate your accredited status. A. A copy of your employer's Form I-94 or approval notice demonstrating G status; B. An original letter from your employer describing your duties and stating that he or she intends to personally employ you and arrangements you have made to depart from the United States; and The application must also be filed with:
Form I-539 Instructions (Rev. 12/31/07) Y Page 3

A. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS;

7. Dependents of an H, Temporary Worker

If you are filing for an extension/change of status as the dependent of an employee who is an H temporary worker, this application must be submitted with: B. A copy of the employee's Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and C. Evidence of relationship (example: birth or marriage certificate).

NOTE: An employer should file Form I-129 to request an extension/change to H status for an employee or prospective employee. Dependents of such employees should file for an extension/change of status on this form, not on Form I-129.

8. A J-1, Exchange Visitor

If you are requesting a change of status to J-1 nonimmigrant classification, your application must be filed with an original DS-2019, Certificate of Eligibility for Exchange Visitor Status. You must also submit your original Form I-94, as well as the original Form I-94 for each person included in the application. If you are a J-1 exchange visitor seeking reinstatement, you may need to apply to the U.S. Department of State's Office of Education and Cultural Affairs for such approval. Contract the responsible officer at your sponsoring program for information on the restatement filing procedure. J-1 Extensions If you are a J-1 exchange visitor seeking an extension of nonimmigrant status, contact the responsible officer of your program for information about this procedure. J-1 Reinstatement A. The Form I-129 filed for that employee, or a copy of the filing receipt noting that the petition is pending with USCIS;

9. Dependents of an L, Intracompany Transferee

If you are filing for an extension/change of status as the dependent of an employee who is an L intracompany transferee, this application must be submitted with: B. A copy of the employee's Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and

Notice to J Nonimmigrants
A J-1 exchange visitor whose status is for the purpose of receiving graduate medical education or training, and who has not received the appropriate waiver, is ineligible for change of status except to a nonimmigrant T or U visa. In addition, a J-1 exchange visitor who is subject to the foreign residence requirement, and who has not received a waiver of that requirement, is only eligible for a change of status to a nonimmigrant A, G, T, or U visa. If a J-1 exchange visitor is subject to the foreign residence requirement, the J-2 dependant is also subject as a derivative to this requirement. If the J-1 exchange visitor obtains a waiver of the foreign residence requirement, the J-2 dependant is also exempt from the requirement. Under certain limited circumstances, a J-2 dependant may be independently eligible for a waiver of the foreign residence requirement. A former J nonimmigrant (either a J-1 principal or a J-2 dependant) subject to the foreign residence requirement, who is currently maintaining another nonimmigrant visa status, continues to be subject to the foreign residence requirement. As noted above, the former J nonimmigrant is ineligible for a change of status until he or she fulfills the foreign residence requirement or obtains the appropriate waiver. If you are a current or former J nonimmigrant, you must provide information about this status, including the dates

you maintained status as a J-1 exchange visitor or a J-2 dependant. Willful failure to disclose this information (or other relevant information) can result in your application being denied. Please provide proof of this status along with your application, such as a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, or a copy of your passport that includes the J visa stamp. C. Evidence of relationship (example: birth or marriage certificate). NOTE: An employer should file Form I-129 to request an extension/change to L status for an employee or prospective employee. Dependents of such employees should file for an extension/change of status on this form, not on Form I-129.
Form I-539 Instructions (Rev. 12/31/07) Y Page 4

C. Evidence of relationship (example: birth or marriage certificate). NOTE: An employer should file Form I-129 to request an extension/change to P status for an employee or prospective employee. Dependents of such employees should file for an extension/change of status on this form, not on Form I-129. B. A copy of the employee's Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and If you are filing for an extension/change of status as the dependent of an employee who is classified as an R nonimmigrant, this application must be submitted with:

12. Dependents of an R, Religious Worker

A. The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS; B. A copy of the employee's Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and C. Evidence of relationship (example: birth or marriage certificate).

13. TD Dependents of TN Nonimmigrants

TN nonimmigrants are citizens of Canada or Mexico who are coming as business persons to the United States to engage in business activities at a professional level pursuant to the North American Free Trade Agreement (NAFTA). The dependents (spouse or unmarried minor children) of a TN nonimmigrant are designated as TD nonimmigrants. A TD nonimmigrant may accompany or follow to join the TN professional. TD nonimmigrants may not work in the United States. Form I-539 shall be used by a TD nonimmigrant to request an extension of stay or by an applicant to request a change of nonimmigrant status to TD classification. If you are filing for an extension/change of status as the dependent of an employee who is classified as a TN nonimmigrant, this application must be submitted with: A. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS; B. A copy of the employee's Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and C. Evidence of relationship (example: birth or marriage

certificate).

14. A V, Spouse or Child of a Lawful Permanent Resident

Use this Form I-539 if you are physically present in the United States and wish to request initial status or change status to a V nonimmigrant, or to request an extension of your current V nonimmigrant status. Applicants should follow the instructions on this form and the attached instructions to Supplement A to Form I-539, Filing Instructions for V Nonimmigrants. The supplement contains additional information and the location where V applicants must file their applications. If you are filing for an extension/change of status as the dependent of an employee who is classified as a P nonimmigrant, this application must be submitted with:

11. Dependents of a P, Artists, Athletes and Entertainers

A. The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS; NOTE: If you are an M-1 student, you are not eligible for a change to F-1 status, and you are not eligible for a change to any H status if the training you received as an M-1 helps you qualify for the H status. Also, you may not be granted a change to M-1 status for training to qualify for H status.

10. An M-1, Vocational or Non-Academic Student

To request a change to or extension of M-1 status, or apply for reinstatement as an M-1 student, you must submit your original Form I-94, as well as the original Form I-94 of each person included in the application. M-1 Reinstatement C. You have not been employed without authorization; and A. The violation of status was due solely to circumstances beyond your control or that failure to reinstate you would result in extreme hardship; B. You are pursuing or will pursue a full course of study; D. You are not in removal proceedings.
Form I-539 Instructions (Rev. 12/31/07) Y Page 5

WARNING: Be advised that persons in V status who have been in the United States illegally for more than 180 days may trigger the grounds of inadmissibility regarding unlawful presence (for the applicable 3-year or 10-year bar to admission) if they leave the United States. Their departure may prevent them from adjusting status as a permanent resident.

Who May Not File This Form I-539?

You may not be granted an extension or change of status if you were admitted under the Visa Waiver Program or if your current status is: 1. An alien in transit (C) or in transit without a visa (TWOV); 2. A crewman (D); or 3. A fiance'(e) or dependent of a fiance'(e) (K)(1) or (K)(2). A spouse (K-3) of a U.S. citizen and their children (K-4), accorded such status pursuant to the LIFE Act, may not change to another nonimmigrant status. EXCEPTION: A K-3 and K-4 are eligible to apply for an extension of status. They should file for an extension during the processing of Form I-130 filed on their behalf and up to completion of their adjustment of status application.

NOTE: Any nonimmigrant (A to V) may not change their status to K-3 or K-4. 2. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.

General Instructions
Step 2. General requirements Step 1. Fill Out Form I-539
3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none." 1. Type or print legibly in black ink. Required Documentation - Form I-94, Nonimmigrant Arrival/ Departure Record. You are required to submit with your Form I-539 application the original or copy, front and back, of Form I-94 of each person included in your application. If the original Form I-94 or required copy cannot be submitted with this application, include a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival/ Departure Document, with the required fee. Valid Passport. If you were required to have a passport to be admitted into the United States, you must maintain the validity of your passport during your nonimmigrant stay. If a required passport is not valid when you file Form I-539 application, submit an explanation with your form. Additional Evidence. You may be required to submit additional evidence noted in these instructions. Translations. Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English. V visa holders will be eligible to adjust to lawful permanent resident status once an immigrant visa becomes available to them. While they are waiting, V visa holders may be authorized to work following their submission and USCIS approval of their Form I-765, Application for Employment Authorization. In order to be eligible for a V visa, all of the following conditions must be met: A. You must be the spouse or the unmarried child of a lawful permanent resident; C. You must have been waiting for at least three years after Form I-130 was filed for you; B. A Form I-130, Petition for Alien Relative, must have been filed for you by your permanent resident spouse on or before December 21, 2000; and Or you must be the unmarried child (under 21 years of age) of a person who meets the three requirements listed above. The Legal Immigration Family Equity Act (LIFE), signed into law on December 21, 2000, created a new V visa. This nonimmigrant status allows certain persons to reside legally in the United States and to travel to and from the United States while they wait to obtain lawful permanent residence.

Notice to V Nonimmigrants
If necessary, USCIS may also take the V applicant's photograph and signature as part of the biometric services.

NOTE: In addition to the $300 application fee required to file Form I-539, V applicants are required to pay a $80 biometric services fee for USCIS to take their fingerprints.
Form I-539 Instructions (Rev. 12/31/07) Y Page 6

2. Applicants for change of status to E-1, E-2, E-3, H-4, L-2, O-3, or P-4 as the dependent spouse or child or for an E-1, E-2, E-3, H-4, L-2, O-3, P-4, or TD extension, as the dependent spouse or child. C. Filing Form I-539 separately from the principal and the principal's case is approved: If the principal's Form I-129 (which included a request for change of status or extension of stay) has already been approved, file Form I-539 with the Service Center which approved the principal's I-129 petition. Include a copy of the Form I-129 approval notice to show the approved Form I-129 location. B. Filing Form I-539 separately from the principal and the principal's case is pending: If the principal's Form I-129 (which includes a request for change of status or extension of stay) is pending, file Form I-539 with the same Service Center where the principal's Form I-129 is pending. Include a copy of Form I-129 filing receipt (or transfer notice) to show the pending Form I-129 location. D. F-1 and M-1 students applying for F-1 and M-1 reinstatement: File Form I-539 with the California Service Center or the Vermont Service Center, depending on the State in which the educational institution you attend or plan to attend is located. C. TD dependents of TN principals (Free TradeCanada and Mexico), H-4 dependents of H-1B1 principals (Free Trade-Singapore and Chile), and E-3 dependents of E-3 principals (Free TradeAustralia): File Form I-539 with the Vermont Service Center, regardless of where the principal is/will be employed. 3. Exceptions E. All other applicants for change of status or extension of stay (not listed above or in the exceptions): File Form I-539 with the California Service Center or the Vermont Service Center, depending on the State where you live. A. R-2 Religious Worker Dependents: File Form I-539 with the California Service Center, regardless of where the principal is/will be employed. File Form I-539 with the California Service Center, regardless of where the principal is/will be employed. B. H-1 C Nurses dependents: Vermont Service Center filings cover the following states: Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, and the District of Columbia. The mailing address is: USCIS California Service Center P.O. Box 10539 Laguna Niguel, CA 92607-1053

The address for Vermont Service Center filings is: USCIS Vermont Service Center ATTN: I-539 75 Lower Welden Street St. Albans, VT 05479 1. With some exceptions, Form I-539 is generally filed with the California Service Center or the Vermont Service Center.

Where To File?
California Service Center fillings cover the following states: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming. Copies. Unless specifically required that an original document be filed with an application or petition, an ordinary legible photocopy may be submitted. Original documents submitted when not required will remain a part of the record, even if the submission was not required. A. Filing Form I-539 at the same time as the principal: If your Form I-539 for change of status or extension of stay is filed at the same time as the principal's Form I-129, Petition for Nonimmigrant Worker, (which includes a request for change of status or extension of stay), send the entire Form I-129/I-539 package to the Vermont Service Center or the California Service Center, depending on the State where the principal is or will be employed temporarily. D. Dependents of Major League Sports Athletes or Support Personnel:
Form I-539 Instructions (Rev. 12/31/07) Y Page 7

4. For a change of status from A, G, or NATO classifications to another nonimmigrant classification, file Form I-539 with USCIS Service Center designated to handle the new nonimmigrant classification sought. You must submit with Form I-539 an endorsement by the U.S. Department of State Visa Office, or a USUN official at Part 7 on the Form I-566 (interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to Extend/Change Nonimmigrant Status). 5. For extensions of stay for A-3, G-5, or NATO-7 nonimmigrants, submit your application through your embassy or international organization, or NATO command for proper filing through official diplomatic channels. Follow the filing instructions on Form I-539, Supplement A, Filing Instructions for V Nonimmigrants. F. V Nonimmigrants The filing addresses provided on this form reflect the most current information as of the date this form was last printed. G. Updated Filing Address Information If you are filing Form I-539 more than 30 days after the latest edition date shown in the lower right-hand corner, visit us online at www.uscis.gov before you file, and check the Immigration Forms page to confirm

the correct filing address and version currently in use. Check the edition date located in the lower right-hand corner of the form. If the edition date on your Form I-539 matches the edition date listed for Form I-539 on the online forms page, your version is current and will be accepted by USCIS. If the edition date on the online version is later, download a copy and use the online version. If you do not have Internet access, call Customer Service at 1-800-375-5283 to verify the current filing address and edition date. An additional biometric fee of $80 is required when filing this Form I-539 for V nonimmigrant status. After you submit Form I-539, USCIS will notify you about when and where to go for biometric services.

What Is the Filing Fee?

If biometric services are required, you may submit one check or money order for both the application and biometric fees, for a total of $380. The filing fee for a Form I-539 is $300 except for certain A and G nonimmigrants who are not required to pay a fee, as noted in these instructions. If you are e-filing this application, it will automatically be routed to the appropriate Service Center, and you will receive a receipt indicating the location to which it was routed. This location may not necessarily be the same center shown in the filing addresses listed above. For e-filed applications, it is very important to review your filing receipt and make specific note of the receiving location. H. Note on E-Filing All further communication, including submission of supporting documents, should be directed to the receiving location indicated on your e-filing receipt. 3. For a dependent spouse or child requesting a change of status to a NATO classification based on the principal's classification as a NATO nonimmigrant, mail Form I-539 to: NATO/HQ SACT Legal Affairs, 7857 Blandy Road, Suite 100, Norfolk, VA 23551. If you or the principal or the principal NATO nonimmigrant through whom you derive your status are posted at a national component or as an exchange officer, please submit Form I-539 to your embassy for proper filing through official diplomatic channels. 2. For change of status requests to G classification for employment with a foreign government's mission to the United Nations or with the United Nations Secretariat, mail Form I-539 through the foreign government's mission or the UN Secretariat to: U.S. Mission to the United Nations, 799 United Nations Plaza, New York, NY 10017. 1. For change of status requests to A, G, or NATO classification for employment with an embassy, international organization, or NATO, mail Form I-539 through your embassy, international organization, or NATO to: U.S. Department of State, Office of Protocol, 3507 International Place, N.W., Suite 242, Washington, DC 20008. E. A, G and NATO: File with the Vermont Service Center. This covers

major league athletes, minor league sports, and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football. Support personnel includes: coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
Form I-539 Instructions (Rev. 12/31/07) Y Page 8

2. Review the Fee Schedule included in your form package, if you called us to request the form; or NOTE: If your Form I-539 requires payment of a biometric service fee for USCIS to take your fingerprints, photograph, or signature, you can use the same procedure to obtain the correct biometric fee. 3. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information. How to Check If the Fees Are Correct The form and biometric fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below: 1. Visit our website at www.uscis.gov, select "Immigration Forms," and check the appropriate fee; For commercial overnight or fast freight services only, mail to: If you change your address and you have an application or petition pending with USCIS, you may change your address online at www.uscis.gov, click on "Change your address with USCIS" and follow the prompts. Or you may complete and mail Form AR-11, Alien's Change of Address Card, to: U.S. Citizenship and Immigration Services Change of Address 1084-I South Laurel Road London, KY 40744

Address Changes
U.S. Citizenship and Immigration Services Change of Address P.O. Box 7134 London, KY 40742-7134

USCIS Forms and Information

To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations, and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our Internet website at www.uscis. gov. Requests for more information or interview. We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required. Decision. The decision on a Form I-539 involves a determination of whether you have established eligiblity for the requested benefit. You will be notified of the decision in writing. Any Form I-539 that is not signed or accompanied by the correct fee will be rejected with a notice that the Form I-539 is deficient. You may correct the deficiency and resubmit the Form I-539. An application or petition is not considered properly filed until accepted by USCIS.

Processing Information

Initial processing. Once a Form I-539 has been accepted, it

will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility, and we may deny your Form I-539. Notice to Those Making Payment by Check. If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours, and will be shown on your regular account statement. You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times. NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS." 2. Make the check or money order payable to U.S. Department of Homeland Security, unless: 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and A. If you live in Guam and are filing your petition there, make it payable to Treasurer, Guam. B. If you live in the U.S. Virgin Islands and are filing your petition there, make it payable to Commissioner of Finance of the Virgin Islands. Use the following guidelines when you prepare your check or money order for the Form I-539 and the biometric service fee, if applicable:
Form I-539 Instructions (Rev. 12/31/07) Y Page 9

An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 45 minutes per response, including the time for reviewing instructions, completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529. OMB No. 1615-0003. Do not mail your application to this address.

Paperwork Reduction Act

We ask for the information on this form, and associated evidence, to determine if you have established eligibility for the immigration benefit for which you are filing. Our legal right to ask for this information can be found in the Immigration and Nationality Act, as amended. We may provide this information to other government agencies. Failure to provide this information, and any requested evidence, may delay a final decision or result in denial of your Form I-539.

Privacy Act Notice

If you knowingly and willfully falsify or conceal a material fact or submit a false document with this Form I-539, we will deny Form I-539 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Penalties
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our Internet-based system, InfoPass. To access the system, visit our website. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.

I-539, Application to Extend/ Change Nonimmigrant Status

Department of Homeland Security U.S. Citizenship and Immigration Services OMB No. 1615-0003; Expires 12/31/08

Family Name

Part 2. Application type (See instructions for fee.) Part 1. Information about you
1. I am applying for: (Check one.)

Part 3. Processing information Part 4. Additional information

START HERE - Please type or print in black ink. Given Name Middle Name Address In care of Street Number and Name Apt. # City State Zip Code Daytime Phone # Country of Birth Country of Citizenship U. S. Social Security # (if any) Date of Last Arrival Into the U.S. Current Nonimmigrant Status A # (if any) I-94 # Expires on
(mm/dd/yyyy)

2. Foreign Address: Street Number and Name City or Town Country Valid to: (mm/dd/yyyy) Apt. # State or Province Zip/Postal Code An extension of stay in my current status. A change of status. The new status I am requesting is: 2. Number of people included in this application: (Check one.) I am the only applicant. Members of my family are filing this application with me. The total number of people (including me) in the application is: (Complete the supplement for each co-applicant.) Reinstatement to student status 1. I/We request that my/our current or requested status be extended until (mm/dd/yyyy): 4. If you answered "Yes" to Question 3, give the name of the petitioner or applicant:

If the petition or application is pending with USCIS, also give the following data: Office filed at Filed on (mm/dd/yyyy) Date of Birth
(mm/dd/yyyy)

2. Is this application based on an extension or change of status already granted to your spouse, child, or parent? No Yes. USCIS Receipt # 3. Is this application based on a separate petition or application to give your spouse, child, or parent an extension or change of status? Yes, filed previously and pending with USCIS. Receipt #: 1. For applicant #1, provide passport information: Country of Issuance
Returned Date Resubmitted Date Date Date Applicant Interviewed on Extension Granted to (Date): Date Change of Status/Extension Granted Reloc Sent Reloc Rec'd New Class: From (Date): To (Date): If Denied: Still within period of stay S/D to: Place under docket control Fill in box if G-28 is attached to represent the applicant. To Be Completed by Attorney or Representative, if any

Receipt No Yes, filed with this I-539.

Form I-539 (Rev. 12/31/07)Y

ATTY State License #

Remarks: Action Block

For USCIS Use Only a. b. c. b. a.

Form I-539 (Rev. 12/31/07)Y Page 2

Yes No 3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper. a. Are you, or any other person included on the application, an applicant for an immigrant visa? b. Has an immigrant petition ever been filed for you or for any other person included in this application? Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or c. by any other person included in this application? Have you or any other person, included in this application, ever been arrested or convicted of any criminal offense since last entering the United States?
d. 1.

d. 2. Have you EVER ordered, incited, called for, commited, assisted, helped with, or otherwise

participated in any of the following: (a) Acts involving torture or genocide? (b) Killing any person? (c) Intentionally and severely injuring any person? (d) Engaging in any kind of sexual contact or relations with any person who was being forced or threatened? (e) Limiting or denying any person's ability to exercise religious beliefs? d. 3. Have you EVER: (a) Served in, been a member of, assisted in, or participated in any military unit, paramilitary unit, police unit, self-defense unit, vigilante unit, rebel group, guerrilla group, militia, or insurgent organization? (b) Served in any prison, jail, prison camp, detention facility, labor camp, or any other situation that involved detaining persons? Have you EVER assisted or participated in selling or providing weapons to any person who to your knowledge used them against another person, or in transporting weapons to any person who to your knowledge used them against another person? d. 4. Have you EVER been a member of, assisted in, or participated in any group, unit, or organization of any kind in which you or other persons used any type of weapon against any person or threatened to do so?
d. 5. d. 6. Have you EVER received any type of military, paramilitary, or weapons training?

Have you, or any other person included in this application, done anything that violated the terms of the nonimmigrant status you now hold?
e. f. Are you, or any other person included in this application, now in removal proceedings?

Have you, or any other person included in this application, been employed in the United States since last g. admitted or granted an extension or change of status? If you answered "Yes" to Question 3f, give the following information concerning the removal proceedings on the attached page entitled "Part 4. Additional information. Page for answers to 3f and 3g." Include the name of the person in removal proceedings and information on jurisdiction, date proceedings began, and status of proceedings. If you answered "Yes" to Question 3g, fully describe the employment on the attached page entitled "Part 4. Additional information. Page for answers to 3f and 3g." Include the name of the person employed, name and address of the employer, weekly income, and whether the employment was specifically authorized by USCIS. If you answered "No" to Question 3g, fully describe how you are supporting yourself on the attached page entitled "Part 4. Additional information. Page for answers to 3f and 3g." Include the source, amount, and basis for any income.
1. 2. 3. NOTE: If you do not completely fill out this form or fail to submit required documents listed in the instructions, you may not be found eligible for the requested benefit and this application may be denied.

I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit I am seeking. Signature Print your Name Date Part 5. Applicant's Statement and Signature (Read the information on penalties in the instructions before completing this section. You must file this application while in the United States). Daytime Telephone Number E-Mail Address Applicant's Statement (Check One): I can read and understand English, and have read

and understand each and every question and instruction on this form, as well as my answer to each question. Each and every question and instruction on this form, as well as my answer to each question, has been read to me by the person named below in , a language in which I am fluent. I understand each and every question and instruction on this form, as well as my answer to each question. Applicant's Signature

Part 6. Interpreter's Statement

Signature Print Your Name Date Firm Name (If Applicable) Daytime Telephone Number
(Area Code and Number) Fax Number (Area Code and Number) E-Mail Address

Language used: I certify that I am fluent in English and the above-mentioned language. I further certify that I have read each and every question and instruction on this form, as well as the answer to each question, to this applicant in the above-mentioned language, and the applicant has understood each and every instruction and question on the form, as well as the answer to each question.
Form I-539 (Rev. 12/31/07)Y Page 3

Are you currently or have you ever been a J-1 exchange visitor or a J-2 dependent of a J-1 exchange visitor? If yes, you must provide the dates you maintained status as a J-1 exchange visitor or J-2 dependent. Willful failure to disclose this information (or other relevant information) can result in your application being denied. Also, please provide proof of your J-1 or J-2 status, such as a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, or a copy of your passport that includes the J visa stamp.
h.

Yes No Address

Part 4. (Continued) Additional information. Page for answers to 3f and 3g.

If you answered "Yes" to Question 3f in Part 4 on Page 3 of this form, give the following information concerning the removal proceedings. Include the name of the person in removal proceedings and information on jurisdiction, date proceedings began, and status of proceedings. If you answered "No" to Question 3g in Part 4 on Page 3 of this form, fully describe how you are supporting yourself. Include the source, amount and basis for any income. If you answered "Yes" to Question 3g in Part 4 on Page 3 of this form, fully describe the employment. Include the name of the person employed, name and address of the employer, weekly income, and whether the employment was specifically authorized by USCIS.
Form I-539 (Rev. 12/31/07)Y Page 4

Part 7. Signature of Person Preparing Form, if Other than Above (Sign Below)
Signature Print Your Name Date Firm Name (If Applicable) Daytime Telephone Number
(Area Code and Number) Fax Number (Area Code and Number) E-Mail Address

I declare that I prepared this application at the request of the above person and it is based on all information of which I have knowledge. Address

Supplement -1
Attach to Form I-539 when more than one person is included in the petition or application. (List each person separately. Do not include the person named in the Form I-539.)
If you need additional space, attach a separate sheet(s) of paper. Place your name, A #, if any, date of birth, form number, and application date at the top of the sheet(s) of paper. A # (if any) Current Nonimmigrant Status: Date of Arrival (mm/dd/yyyy) I-94 # Expires on (mm/dd/yyyy) Country Where Passport Issued Expiration Date (mm/dd/yyyy) Country of Citizenship U.S. Social Security # (if any)
Form I-539 (Rev. 12/31/07)Y Page 5

Family Name Given Name Middle Name Date of Birth (mm/dd/yyyy) Country of Birth A # (if any) Current Nonimmigrant Status: Date of Arrival (mm/dd/yyyy) I-94 # Expires on (mm/dd/yyyy) Country Where Passport Issued Expiration Date (mm/dd/yyyy) Country of Citizenship U.S. Social Security # (if any) Family Name Given Name Middle Name Date of Birth (mm/dd/yyyy) Country of Birth A # (if any) Current Nonimmigrant Status: Date of Arrival (mm/dd/yyyy) I-94 # Expires on (mm/dd/yyyy) Country Where Passport Issued Expiration Date (mm/dd/yyyy) Country of Citizenship U.S. Social Security # (if any) Family Name Given Name Middle Name Date of Birth (mm/dd/yyyy) Country of Birth A # (if any) Current Nonimmigrant Status: Date of Arrival (mm/dd/yyyy) I-94 # Expires on (mm/dd/yyyy) Country Where Passport Issued Expiration Date (mm/dd/yyyy) Country of Citizenship U.S. Social Security # (if any) Family Name Given Name Middle Name Date of Birth (mm/dd/yyyy) Country of Birth A # (if any) Current Nonimmigrant Status: Date of Arrival (mm/dd/yyyy) I-94 # Expires on (mm/dd/yyyy) Country Where Passport Issued Expiration Date (mm/dd/yyyy) Country of Citizenship U.S. Social Security # (if any) Family Name Given Name Middle Name Date of Birth (mm/dd/yyyy) Country of Birth

Step 1. Fill Out the Form I-907.

Form I-907 Instructions (Rev. 07/30/07) Y

Department of Homeland Security U.S. Citizenship and Immigration Services

OMB No. 1615-0048 ; Expires 07/31/09

Instructions for I-907, Request for Premium Processing Service

You should use Form I-907 to request Premium Processing Service for certain petitions or applications designated as eligible for Premium Processing Service. Visit our web site at www.uscis.gov for details about which petitions or

applications are eligible for this service. Use Form I-907 to request Premium Processing Service on certain petitions or applications designated as eligible for this service.

Instructions
You must fill out a separate Form I-907 for each petition or application submitted. Follow the steps below to complete your request process: NOTE: USCIS wants to make sure that you receive the requested immigration benefit. To do this, we may ask for more evidence, interview you, and/or conduct an investigation. Step 1 - Fill Out the Form I-907

How Do I File Form I-907?

Step 2 - Submit Your Request
NOTE: You may file Form I-907 electronically. Go to our internet website at www.uscis.gov and follow the detailed instructions on e-filing.

You may file your request for Premium Processing Service with the eligible petition or application. You may also file the request for Premium Processing Service after you file the eligible petition or application, as long as the eligible petition or application is still pending. Only the petitioner or applicant who filed the corresponding petition or application (e.g. Form I-129), or the attorney or accredited representative of the petitioner or applicant, may request Premium Processing Service. If the attorney or accredited representative makes the request, a properly completed Notice of Appearance (Form G-28) must accompany the request, even if the attorney or accredited representative has already filed a Form G-28 in the case. Premium Processing Service guarantees 15 calendar day processing of certain employment-based petitions or applications. U.S. Citizenship and Immigration Services (USCIS) will refund the Premium Processing Service fee but continue to process the case unless within 15 calendar days of receipt of a properly filed Form I-907, USCIS issues an approval notice or, where appropriate, issues a notice of intent to deny, a request for evidence or opens an investigation for suspected fraud or misrepresentation on the related petition or application. Use black ink only. Type or print clearly using CAPITAL letters. If an item does not apply to you, write "N/A." If the answer is none, write "NONE." This form is divided into Parts 1 through 4. The following information should help you fill out the form. Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper and indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form? When Should I Use Form I-907?
If an intent to deny or request for evidence is issued within 15 calendar days of receipt or if the case is referred for investigation of suspected fraud or misrepresentation, the processing time has been met. Once a response is received to the notice of intent to deny or request for evidence, USCIS will guarantee 15 calendar day processing from the date the response was received.

Part 1 - Information about you.

Company or Business Name - Give the full name of the company or business. Give the requested information about the related petition or application for which you are requesting Premium Processing Service. USCIS must have this information in order to match the Form I-907 with the underlying form for which you are requesting Premium Processing Service. If you are requesting an upgrade of the pending underlying form to Premium Processing Service, you must complete all blocks (1 through 5) in Part 2 of the Form I-907 or your Form I-907 will be rejected and the filing fee returned. If you are concurrently filing the Form I-907 with the underlying form for which you are requesting Premium Processing Service, you must complete blocks 1, 3, 4 and 5 in Part 2 or your Form I-907 will be rejected and the fee returned. (You don't have to complete block 2 because if you are concurrently filing Form I-907 with the underlying form, you will not know the receipt number of the underlying form at the time you file).

Part 2 - Information about request.

General Instructions.
Form I-907 Instructions (Rev. 07/30/07) Y Page 2

The petitioner, applicant, attorney, or accredited representative must sign and date the request. If the Form I-907 does not contain an original signature (stamped signatures or photocopies are not acceptable) the request for Premium Processing Service (along with the $1,000 Premium Processing Service fee) will be returned to the requester.

Part 3 - Original signature.

NOTE: Only the petitioner (including the selfpetitioner) or the applicant of the relating petition may sign the Form I-907 to seek Premium Processing Service on the related petition or application. 1. If a Form G-28, Notice of Entry of Appearance as Attorney or Representative, is attached to this request, the attorney or accredited representative listed on the Form G-28 must sign, date and give his or her address and daytime phone number.

Part 4 - Original signature of attorney or accredited representative who submitted Form G-28.
2. If the preparer is a business or organization, its name must be included on the form. 1. Your signed and completed Form I-907.

Step 2. Submit Your Request.

You must include the following items with your request. 2. Your signed and completed petition or application unless the petition or application was previously filed and is still pending. If this is the case, you must submit a copy of the filing receipt or a copy of the transfer notice, if applicable.

Where To File?
Submit the request. The Form I-907 may be filed at the same time as the relating petition or application, or it may be filed at a later date. If you plan to file the Form I-907 electronically, refer to the USCIS website at www.uscis.gov and click on "Immigration Forms." If you are requesting Premium Processing Services on Form

I-129, Petition for Nonimmigrant Worker, you must also file Form I-907, request for Premium Processing Services. Send the entire Forms I-129/I-907 package to the address listed in the I-129 filing instructions.

Premium Processing Service for Form I-129 Initial Filings

NOTE: Before you file the Forms I-129/I-907 package, check the Premium Processing website to make sure the requested classification is Premium Processing Service eligible. (Premium Processing website link: http://www.uscis.gov) If you have already filed Form I-129, and you wish to request Premium Processing Service, file Form I-907 with the Service Center where Form I-129 is pending. Include a copy of Form I-797, Notice of Action, or a copy of the transfer notice, if applicable, showing the location of the relating petition. To ensure that Form I-907 is matched up with the pending Form I-129, you must completely answer Questions 1 through 5 in Part 2 of Form I-907. If this information is not provided, the Form I-907 will be rejected. The Premium Processing addresses for each service center that handles Form I-129 is listed in the Form I-129 filing chart.

Premium Processing Service for Form I-129 Upgrades for Pending Cases
NOTE: Form I-129 filing chart internet address: http://www.uscis.gov) If you have already filed the underlying form (i.e., Form I-129 or Form I-140) and wish to request Premium Processing Service, submit the Form I-907 to the Service Center where the underlying form is pending. Include a copy of the filing receipt or a copy of the transfer notice, if applicable. The filing location for the Form I-907 depends on the filing location of the underlying petition or application for which you are requesting Premium Processing Service as described later in this form.

Premium Processing Service for Form I-140 Initial Filings

All Forms I-140 are filed either at the Nebraska Service Centeror the Texas Service Center, depending on the location of the beneficiary's permanent employment. If you are requesting Premium Processing Service on Form I-140 for a preference category that is Premium Processing eligible, you must include Form I-907, and send the entire Form I-907/I-140 package to the correct filing location listed below. Before you file, note the different filing addresses. Failure to follow these instructions may result in your application or petition being rejected, delayed, or denied. The filing address for the Form I-907 depends on whether you are requesting Premium Processing Service for Form I-129 or for Form I-140.
Form I-907 Instructions (Rev. 07/30/07) Y Page 3

Nebraska Service Center Filings File Form I-907/I-140 package with the Nebraska Service Center if the beneficiary will be employed permanently in: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon,

South Dakota, Utah, Washington, Wisconsin or Wyoming. The mailing address you should use is: Form I-140 Premium Processing Mailing Address: Premium Processing USCIS Nebraska Service Center P.O. Box 87103 Lincoln, NE 68501-7103 Form I-140 Premium Processing Courier Address: Premium Processing USCIS Nebraska Service Center 850 S St. Lincoln, NE 68508 Form I-140 Premium Processing E-mail Address: NSC-Premium.140@dhs.gov Texas Service Center Filings File Form I-907/I-140 package with the Texas Service Center if the beneficiary will be employed permanently in: Alabama, Arkansas, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia. The mailing address you should use is: Form I-140 Premium Processing Mailing Address: Premium Processing USCIS Texas Service Center P.O. Box 279030 Dallas, TX 75227-9030 Form I-140 Premium Processing Courier Address: Premium Processing USCIS Texas Service Center 4141 North St. Augustine Road Dallas, TX 75227 Form I-140 Premium Processing E-mail Address: TSC-Premium.140@dhs.gov Premium Processing Service for Form I-140 - Upgrades for Pending Cases If you have already filed Form I-140, and you wish to request Premium Processing Service, file Form I-907 with theServiceCenterwhere Form I-140 is pending. Include a copy of Form I-797, Notice of Action, or a copy of the transfer notice, if applicable, showing the location of the relating petition. To ensure that Form I-907 is matched up with the pending Form I-140, you must completely answer Questions 1 through 5 in Part 2 of Form I-907. If this information is not provided, the Form I-907 will be rejected. If your Form I-140 is pending with the Nebraska Service Center or the Texas Service Center, send Form I-907 to that center at the previously noted address. If your Form I-140 is pending at either the California or Vermont Service Centeryou may use the corresponding address listed below to file an I-907. California Service Center Form I-140 Mailing Address: I-140 Premium Processing USCIS California Service Center

P.O. Box 10140 Laguna Niguel,CA 92607-0140 Our goal at USCIS is to process all petitions and applications fairly. The processing time will vary, depending on the specific circumstances of each case. We may reject an incomplete request. We may deny your request if you do not give us the requested information or do not go to a scheduled interview.

Service Processing Information.

To request USCIS forms, call our toll-free forms line at 1-800-870-3676. You may also get USCIS forms and information about immigration laws and regulations by calling our National Customer Service Center at 1-800-375-5283 or visting the USCIS internet website at www.uscis.gov. If you change your address, you must complete Form AR-11, Alien's Change of Address Card, according to the instructions on the form. The filing fee for the Form I-907 is $1,000. The $1,000 Premium Processing fee is in addition to all other applicable filing fees. The petitioner, attorney or beneficiary may pay the $1,000 fee but the beneficiary cannot sign the Form I-907. You must pay for Premium Processing Service with a separate check or money order. (Example: One check or money order attached to the relating petition or application, and one check or money order attached to the Form I-907). Use the following guidelines when you prepare your check or money order:

What Is the Filing Fee?

2. Make the check or money order payable to the Department of Homeland Security. Please spell out U.S. Department of Homeland Security. Do not use the initials "USDHS" or "DHS." 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency. Do not mail cash. Your check or money order must be honored by the bank or financial institution. If it is not, we will charge you a fee for a returned/bounced check and your request for Premium Processing Service will be terminated.
Form I-907 Instructions (Rev. 07/30/07) Y Page 4

Form I-140 Courier Address: Premium Processing USCIS California Service Center 24000 Avila Road 2nd Floor, Room 2312 Laguna Niguel,CA 92677 Form I-140 E-mail Address: CSC-Premium.140@dhs.gov Vermont Service Center Form I-140 Courier and Mailing Address: Premium Processing USCIS Vermont Service Center 63 Lower Welden Street St. Albans, VT 05479-8001 Form I-140 E-mail Address: VSC-Premium.140@dhs.gov

How to Check If the Fees Are Correct?

3. Telephone our National Customer Service Center at

1-800-375-5283 and ask for the fee information. 2. Review the Fee Schedule included in your form package, if you called us to request the form; or NOTE: If your Form I-907 requires payment of a biometric service fee for USCIS to take your fingerprints, photograph or signature, you can use the same procedure to obtain the correct biometric fee. The form and biometric fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below: 1. Visit our website at www.uscis.gov, select "Immigration Forms" and check the appropriate fee; For commercial overnight or fast freight services only, mail to: U.S. Citizenship and Immigration Services Change of Address P.O. Box 7134 London, KY 40742-7134 U.S. Citizenship and Immigration Services Change of Address 1084-I South Laurel Road London, KY 40744 USCIS" and follow the prompts or by completing and mailing Form AR-11, Alien's Change of Address Card, to: If you change your address and you have an application or petition pending with USCIS, you may change your address on-line at www.uscis.gov, click on "Change your address with

Address Changes.
Form I-907 Instructions (Rev. 07/30/07) Y Page 5

USCIS Forms and Information.

To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www. uscis.gov. As an altenative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. If you knowingly and willfully falsify or conceal a material fact or submit a false document with this Form I-907, we will deny the Form I-907 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Penalties. Privacy Act Notice.

We ask for the information on this form, and associated evidence, to determine if you have established eligibility for the immigration benefit for which you are filing. Our legal right to ask for this information can be found in the Immigration and Nationality Act, as amended. We may provide this information to other government agencies. Failure to provide this information, and any requested evidence, may

delay a final decision or result in denial of your Form I-907. NOTE: If you wish to have the notice mailed to you rather than wait for the batch-printed notice, submit a pre-paid express mail label and envelope for mailing. Form I-907 Check List. Did you completely fill out and sign the form? Did you attach a check or money order for $1,000 plus a check for the relating petition or application if applicable? (See Step 2 of these instructions for fee information.) For your records, you should keep copies of your request packet.

Paperwork Reduction Act.

An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 30 minutes per response, including the time for reviewing instructions, completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529. OMB No. 1615-0048. Do not mail your application to this address.
OMB No. 1615-0048; Expires 07/31/09 Form I-907 (Rev. 07/30/07) Y

START HERE - Please Type or Print (Use black ink.) For USCIS Use Only

I-907, Request for Premium Processing Service

Department of Homeland Security U.S. Citizenship and Immigration Services Part 1. Information about you. (Person filing this petition.) Individual Named in the Related Case: Family Name (Last Name) Date (mm/dd/yyyy) Given Name (First Name) Full Middle Name If filed on behalf of a company: Company or Business Named in the Related Case Mailing Address - Street Number and Name / P.O. Box Number Company Contact Information: Name of Company Contact Title/Position City State/Province Zip/Postal Code IRS Tax # (if any) Are the attorney/accredited representative for the petitioner who is filing or has filed a petition eligible for Premium Processing. (Complete and submit Form G-28.) You (the person submitting this request): Are the petitioner who is filing or has filed a petition eligible for Premium Processing. Are the applicant who is filing or has filed an application eligible for Premium Processing. Are the attorney/accredited representative for the applicant who is filing or has filed an application eligible for Premium Processing. (Complete and submit Form G-28.) Phone Number (Area/Country Code) Fax Number (Area/Country Code) Fill in box if G-28 is attached to represent the applicant. Request Physically Received by USCIS Date Date Date

Date
Date Date Returned

Resubmitted

Receipt
ATTY State License # To Be Completed by Attorney or Representative, if any. E-Mail Address (If Any)

Part 2. Information about request.

1. Form number of related petition/application. 2. Receipt number of related petition/application. 3. Classification/Eligibility Requested. 4. Petitioner/Applicant in the relating case. 5. Beneficiary in the relating case. Part 3. Original signature. (This is the same person authorized to sign the petition or application.) It is understood that if U.S. Citizenship and Immigration Services (USCIS) does not issue an approval notice, request for evidence, notice of intent to deny, or refer for investigation of suspected fraud or misrepresentation within 15-calendar days after this request has been physically received at the appropriate USCIS office, a refund of the Premium Processing fee will be given to the addressee shown in Part 1 of this request. I certify, under penalty of perjury under the laws of the United States of America, that the information provided with this request is all true and correct. I authorize the release of any information from my records that USCIS needs to determine eligibility for the benefit being sought. Signature Title (if applicable) Print Your Name I declare that I prepared this application at the request of the above person and it is based on all information of which I have knowledge. Same individual as signing above in Part 3. (If this box is checked, provide all the requested information below and a submit a Form G-28.) Signature Date (mm/dd/yyyy) Firm Name and Address Daytime Phone Number (Area Code and Number) Print Your Name Part 4. Original signature of attorney or accredited representative. (Note if attorney is signing above in Part 3.)

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