Form G-28, Notice of Entry of Appearance as Attorney or Representative

If the petitioner will be represented by an attorney or other accredited representative, submit a properly completed Form G-28, Notice of Entry of Appearance as Attorney or Representative. Please make sure you file the most recent version of the Form G-28 (edition date: 03/04/2015). For further information on Form G-28, please see our Filing Your Form G-28 page.

Form I-129, Petition for a Nonimmigrant Worker

• Complete all sections of the form accurately.

• H-1B cap petitions and advanced degree exemption petitions for the FY 2017 cap must include an employment start date of no earlier than October 1, 2016. Do not file petitions earlier than six months before the requested employment start date. We will reject H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP.”

• Ensure that the petition is properly signed. An entity petitioning for an H-1B worker may authorize a Power of Attorney (POA) to sign their USCIS Form I-129 on its behalf. The I-129 must be signed in the original by the petitioner or POA. If signed by the POA, a copy of the POA must be included with the petition. It is recommended that all signatures on the petition be in blue ink to readily identify the original signature.

• Petitioners should enter their own address in Part 1, question 3 of the Form I-129. This will ensure that the I-797 receipt and approval notices are sent to the petitioner and, if applicable, to the attorney/representative.

Please note: Using an address other than the petitioner’s address as the mailing address may cause processing delays related to USCIS’s Validation Instrument for Business Enterprises (VIBE). VIBE automatically uses the address provided on the petition to validate the petitioner’s current location. If petitioners use an attorney’s address on the Form I-129 petition, include a cover letter that clearly indicates the current address of the petitioner. This information will assist immigration services officers in completing a manual check in VIBE using the petitioner’s address. If a petitioner uses an attorney’s address as their mailing address on the form, then the petitioner will not receive any I-797 notices.

• Ensure that the beneficiary’s name is spelled properly and that his or her date of birth is displayed in the proper format (mm/dd/yyyy). Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy.

• If the beneficiary will seek a visa at a consular office abroad, include a copy of the petition and supporting documentation with the filing. For cases where the beneficiary will seek a change of status or extension of stay in the United States, you may still submit a copy. You may choose to do this in case the beneficiary decides to seek a visa at a consular office abroad after the change of status or extension of stay is approved.

• If the beneficiary is seeking an extension of stay or change of status, the petition should include evidence (such as a Form I-94 or Form I-797 approval notice) to establish that the beneficiary will have maintained a valid nonimmigrant status through the employment start date being requested.

• The petitioner should include a copy of the beneficiary’s valid passport.

H Classification Supplement to Form I-129

Where do I find it?

• Please be sure to complete all sections of the form accurately.
• In listing previous periods of stay in H or L nonimmigrant classification (question 3), please also include the actual nonimmigrant classification held (such as H-1B or L-1).
• The petitioner must sign the form, preferably in black ink.

H-1B Data Collection and Filing Fee Supplement

Where do I find it?

• Please be sure to complete all sections of the form accurately.
• Make sure the Form I-129 has a revision date ofOct. 23, 2014, or later.
• Be sure to answer if the beneficiary has earned a master’s degree or higher from a U.S. educational institution as defined in 20 U.S.C. 1001(a).

Where do I answer?

• If you answer “No” to the question about whether the beneficiary will be assigned to work at an off-site location, then you do not need to respond to the remaining two questions in the section. 

Where do I find this question?

Form I-907, Request for Premium Processing

• Please be sure to complete all sections of the form accurately with original signatures. Note: We will only accept the March 4, 2015 or later edition of Form I-907.
• The representative may sign in both Parts 4 and 5 of the Form I-907 if there is a valid Form G-28 with the filing. Otherwise, the petitioner’s signature is required. Preferably, signatures should be in black ink.
• If you file the Form I-129 before the Form I-907, please include a copy of the Form I-129 receipt notice along with the Form I-907.

Clearly label all H-1B cap cases, preferably in red ink, on the top margin of Form I-129. Use the following codes:

• Write “Regular Cap” on petitions subject to the 65,000 regular cap, not including Chile/Singapore cap cases.
• Write “C/S Cap” on Chile/Singapore H-1B1 cases.
• Write “U.S. Master’s” on petitions subject to the 20,000 exemption for beneficiaries with U.S. master’s degrees or higher.

A separate check is preferred for each filing fee (Form I-129, Premium Processing, Fraud Fee, ACWIA fee, and Public Law 114-113). Staple checks to the bottom right corner of the top document.

Preferred order of documents at time of submission:

1.      Form I-907 (if filing for Premium Processing Service)

2.      Form G-28 (if represented by an attorney or accredited representative)

3.      Form I-129, Petition for a Nonimmigrant Worker

4.      Addendums/Attachments

5.      H Classification Supplement to Form I-129 and/or Free Trade Supplement (for H-1B1 Chile-Singapore petitions)

6.      H-1B Data Collection and Filing Fee Exemption Supplement

7.      All supporting documentation to establish eligibility. Provide a table of contents for supporting documentation and tab the items as listed in the table.

8.      Arrival-Departure Record (Form I-94) if the beneficiary is in the United States

9.      SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent

10.   SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2

11.   Form I-566 if the beneficiary is a current A or G nonimmigrant

12.   Department of Labor certified LCA, Form ETA 9035

13.   Employer/attorney/representative letter(s)

14.   Other supporting documentation

15.   Copy of the petition, if necessary. Clearly mark it as “COPY” so that it is not mistaken for a duplicate filing.

How to mail multiple petitions together

If you will include multiple petitions in the same package, please place the individual petitions into separate envelopes within the package. Mark the individual petition envelopes with the following labels to identify the type of petition:

• Master’s Premium
• Master’s
• Regular Premium
• Regular
• Chile/Singapore

H-1B petitioners may choose to file a Form I-907, Request for Premium Processing Service, to have their petition processed within 15 calendar days. To request premium processing, submit:

• The Form I-907; and
• The premium processing fee of $1,225. (This fee is in addition to the required base filing fee and other applicable fees that cannot be waived.)

You can file the Form I-907 and pay the premium processing fee:

• At the same time you file Form I-129; or
• At any time after you file Form I-129 while it is still pending.

If you request premium processing after you file Form I-129, be sure to include the receipt number (for example, EAC16 555 55555) of the Form I-129 in Part 2, question 2 of Form I-907. 

Note: We will only accept a Form I-907 with an edition date of Jan. 29, 2015, or later.  

There are different fees depending on the type of H-1B petition you are submitting. Please refer to the H-1B Data Collection and Filing Fee Exemption Supplement for detailed instructions on fees. 

All petitioners must pay a base filing fee of $325 for each petition filed.

Where do I find the instructions on fees?

In addition to the base filing fee, you may need to pay one of the following fees for a petition subject to the cap:

American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee:

• $750 for employers with 1 to 25 full-time equivalent employees, unless exempt
• $1,500 for employers with 26 or more full-time equivalent employees, unless exempt

Where do I find the ACWIA fee information?

Fraud Prevention and Detection fee:

• $500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers. (This fee does not apply to Chile/Singapore H-1B1 petitions.)

Public Law 114-113 fee:

• $4,000 for petitioners who:
• Employ 50 or more employees in the United States and more than 50% of those employees are in H-1B or L-1 nonimmigrant status; andMust be submitted with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers

Premium processing fee (required only when requesting these services):

• $1,225 for employers seeking Premium Processing Service.

Checks

Check must be:

·         Payable to the Department of Homeland Security,

·         Dated within the last six months, and

·         Include the proper amount and signature. 

We prefer that you submit a separate check for each fee. For example, if you are required to pay the base filing fee, the ACWIA fee, and the premium processing fee, you should submit three separate checks. If you only submit one check as combined payment for all applicable fees and certain fees do not apply or are incorrect , we may reject your H-1B petition.

Money Orders

Money orders must be properly endorsed.

Incorrect Filing Fee

USCIS will reject all petitions submitted with the incorrect filing fee.

NOTE: If you fail to submit a premium processing fee, we will not reject your petition; rather, your petition will not receive premium processing.  

When to File an FY 2017 H-1B Cap-Subject Petition

We will begin accepting H-1B petitions that are subject to the FY 2017 cap on April 1, 2016. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary.

Where to Mail Your H-1B Petition

You must file your petition with the correct service center, depending on the H-1B beneficiary’s work location(s) as specified in the petition. We have specific mailing addresses for cases that are subject to the H-1B cap. 

Note: We have a separate mailing address for certain types of educational or nonprofit organizations that file cap-exempt H-1B petitions.

Please read the filing instructions very carefully. If you file your petition incorrectly, we will reject it. Rejected petitions will not retain a filing date and will not be counted toward the H-1B cap.

Labor Condition Application (LCA)

You must submit a certified Department of Labor LCA (Form ETA 9035) at the time you file your petition. A copy of the LCA is acceptable. 

Note: USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and to plan accordingly. If the LCA is certified for multiple workers, you must provide the name and USCIS case receipt number of any foreign worker who has previously used the LCA. 

Petitioners must sign the LCA before submitting it with the petition to USCIS.

Please see the Department of Labor’s Office of Foreign Labor Certification website for more information on the LCA process. 

Evidence of Beneficiary’s Educational Background

You must submit evidence of the beneficiary’s education credentials (with English translations when applicable) at the time you file your petition. If the beneficiary has met all of the requirements for a degree, but the degree has not yet been awarded, you may submit the following alternate evidence:

• A copy of the beneficiary’s final transcript; or
• A letter from the registrar confirming that the beneficiary has met all of the degree requirements. If the educational institution does not have a registrar, then the letter must be signed by the person in charge of educational records where the degree will be awarded.

If you indicate that the beneficiary is qualified based on a combination of education and experience, please provide substantiating evidence at the time you file your petition.

A Copy of the H-1B Petition

If the beneficiary will be applying for a nonimmigrant visa abroad, you should submit a copy of your H-1B petition with your petition.  If you receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) then you should also submit a copy of your response.

You may also submit a copy of the petition and any subsequent response to a RFE or NOID even if the beneficiary is requesting a change of status to H-1B or an extension of stay. This may assist the beneficiary if he or she later decides to seek a visa abroad or the H-1B petition is approved but the change of status or extension of stay request is denied. 

Please note, failure to submit a copy may result in delays in processing this petition or in visa processing abroad.

You can check the Department of State website to make sure that the consulate indicated on Form I-129 is able to process the beneficiary’s nonimmigrant visa application. You can also check for any instructions specific to that consulate.

Multiple or Duplicative Filings

According to an interim rule announced on March 19, 2008, employers may not file multiple or duplicative H-1B petitions for the same employee. To ensure fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees.

USCIS employees use the information provided in Sections 2 and 3 (or Part C) of the H-1B Data Collection and Filing Fee Exemption Supplement to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas.

An advanced degree exemption is available for the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Once that limit is reached, any petitions filed for beneficiaries with a U.S. master’s degree or higher will be subject to the regular cap, unless exempt for other reasons.

Where do I find it?

Eligibility Requirements

You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.

How to Apply

You must file Form I-765 and receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. Carefully follow these steps to prevent your application from being rejected and returned to you:

1. Do not file before May 26, 2015.
2. Complete Form I-765 using the Instructions for Form I-765. USCIS will reject any application that is not accompanied by the proper filing fees or signature. The fee is$380.
3. Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. 

Evidence of…	Can be shown by submitting…
Your H-4 status	A copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; or A copy of Form I-94, Arrival/Departure Record, showing your admission or extension of stay as an H-4 nonimmigrant.
A government-issued identification document with photo	A copy of your last EAD (if any); A copy of the biometric page of your passport; A birth certificate with photo ID; A visa issued by a foreign consulate; or A national identity document with photo.
Your relationship to the H-1B nonimmigrant	A copy of your marriage certificate.
Your basis for eligibility	Evidence that the H-1B nonimmigrant is the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140).  You may show this by submitting a copy of the H-1B nonimmigrant’s Form I-797 approval notice for Form I-140; OR Evidence that the H-1B nonimmigrant has received an extension of stay under AC21 sections 106(a) and (b). You may show this by submitting: 1.  A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and 2.  Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay: Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the six-year limitation of stay. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification;                OR Based on a Pending Form I-140. If the preference category sought for the H-1B nonimmigrant does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days prior to the expiration of the six-year limitation of stay and remains pending. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140. Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for work authorization as an H-4 spouse. For example, such information may include the receipt number of the H-1B nonimmigrant's most current Form I-129 extension of stay request or the receipt number of the H-1B nonimmigrant's approved Form I-140 petition. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.
Photos for card production	Two identical two-by-two-inch passport-style color photographs of yourself

Translations

If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. The translator must also certify that he or she is competent to translate from the foreign language into English.

Form Filing Tips

When filing Form I-765, please mail it to the proper location based on the chart below.

If you are submitting your Form I-765…	Then please file your application at…
As a standalone application because you are currently in H-4 status and do not need to extend your status	The Lockbox address found on our Direct Filing Addresses for Form I-765 Web page.
Together with Form I-539 seeking a change to or extension of H-4 status	The Lockbox address found on our Direct Filing Addresses for Form I-765 Web page.
Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself	The Service Center with jurisdiction over Form I-129. Please see our Direct Filing Addresses for Form I-129 Web page for more information.

For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the H-1B principal nonimmigrant’s Form I-129, Petition for a Nonimmigrant Worker. However, USCIS will not process your Form I-765 (except filing fees) until after USCIS has adjudicated your Form I-539.

The 90-day period for adjudicating Form I-765 filed together with Form I-539 does not begin until USCIS has determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both.

Do NOT e-file Form I-765. You must mail your form together with evidence and fees to the appropriate filing location as outlined above.

Validity of Employment Authorization

You will not be eligible to work until USCIS approves your Form I-765 application.  Once your employment authorization is approved, the expiration date on your EAD will likely be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. You are only authorized to work through the expiration date on your EAD. If you still will be eligible for work authorization after that date, you should file for a renewal EAD by submitting another Form I-765. You cannot file for a renewal EAD more than 120 days before your original EAD expires.

You must file your petition with the correct service center depending on the H-1B beneficiary’s work location(s) as specified in the petition.  USCIS has specific mailing addresses for cases that are subject to the H-1B cap. 

USCIS has a separate mailing address for certain types of educational or nonprofit organizations that file H-1B petitions for beneficiaries who are exempt from the cap. Please read the filing instructions very carefully. If you file your petition incorrectly, USCIS will reject it.  Rejected petitions will not retain a filing date and will not be counted toward the H-1B cap. 

The chart below provides the direct filing addresses for Form I-129, which become effective on September 10, 2009.  Please note the filing addresses below and the filing exceptions for certain classifications.

H-1B employers filing petitions which are cap exempt must file such petitions exclusively at the California Service Center at one of the addresses provided below.  Petitions that are filed in error at the Vermont Service Center will be rejected.

In this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
• Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
• Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
• Petitioners who otherwise would not be “cap exempt,” but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution (see three bullets above), provided that the beneficiary’s duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution, namely higher education or government research.

“Cap exempt” petitioners should indicate their cap exempt status on the Form I-129 by checking question 3, box a, b, c or d in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (pages 18-19).  Such “cap exempt” petitioners should file their Form I-129 petitions as follows:

For Direct Mail:

U.S.Citizenship and Immigration Services
California Service Center
ATTN: Cap Exempt H-1B Processing Unit
P.O. Box 30040
Laguna Niguel, CA 92607-3004

For non-United States Postal Service (USPS) deliveries (e.g. private couriers):

U.S.Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677

 Exceptions

• 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’s primary office is located will determine the appropriate Service Center to which you should send your Form I-129 package, regardless of where in the United States the various worksites are located.  For example, if the beneficiary will work in Arizona and Texas, and your company’s primary office in New York, file Form I-129 with the Vermont Service Center.  If the beneficiary will work in Florida and Georgia, and your company’s primary office is in California, file Form I-129 with the California Service Center.
• 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.
• 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.
• Major League Sports:  Mail the I-129 package to the Vermont Service Center, regardless of place of temporary employment.  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.
• E-1 and E-2 Classifications for Treaty Traders, Treaty Investors and their eligible employees:  Mail the I-129 package to the California Service Center, regardless of where the temporary worker will be employed.

Change of Status or Extension of Stay Under Certain Free Trade Agreements:  Mail Form I-129 to the Vermont Service Center, regardless of the place of temporary employment, if Form I-129 is filed to request a change of status or extension of stay under one of the Free Trade Agreements listed below.  

• Change of Status to TN or TN Extension of TN Stay under Trade NAFTA for Nationals of Canada or Mexico.
• Change of Status to H-1B1 or Extension of H-1B1 Stay for Nationals of Singapore and Chile.
• Change of Status to E-3 or Extension of E-3 Stay for Nationals of Australia.  

Initial Classification Under Certain Free Trade Agreements: DO NOT use Form I-129 to apply for initial classification under the Free Trade Agreements listed below:

• Initial TN Classification for Nationals of Mexico (outside the United States):Formore information on the application process for initial TN classification, please visit the U.S. Department of State’s website. 
• Initial H-1B1 Classification Under the Singapore/Chile Free Trade Agreement: For more information on applying for initial H-1B1 classification, please visit the U.S. Department of State’s website.
• Initial E-3 Classification Under the Australian Free Trade Agreement: For more information on applying for initial E-3 classification, please visit the U.S. Department of State’s website.

Initial TN Classification for Nationals of Canada (outside the United States): Please see 8 CFR 214.6 for information on applying for initial TN admission at a U.S. port of entry. A link to Title 8 of the Code of Federal Regulations can be found under "Related Links." Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting a Form I-129, Petition for Nonimmigrant Worker, to our Vermont Service Center. Premium Processing Service is available for this form.

 Following are more tips and knowledge about H-1B petition, PLEASE READ!

• Additional Documents Required for H-1B Petition
• Organizing Your H-1B Package, preferred order of documents
• H-1B Petition Premium Processing Service, process within 15 calendar days   
• H-1B Petition Required Fees, depending on the type of H-1B petition
• Where to Mail Your H-1B Petition
• More H1-B Petition Filing Tips