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I-129 Petition for a Non-immigrant Worker

Perhaps you own a seasonal business and in the busy season, you need to hire temporary employees to get ahead of the rush.

 

Your business might be located in a rural area and there might not be enough locals to fill your need for temporary help. You should therefore plan to hire nonimmigrant workers, but you must first submit an I-129 petition to the government.

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ABOUT THE I-129

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Under certain conditions, the government may permit you to hire foreign nationals for your business. The Petition for a Nonimmigrant Worker is the first step in the hiring process. You must file the petition with USCIS and if approved, the prospective employees may apply to enter the United States. Foreign nationals must first meet the requirements specified under whichever visa classification is appropriate for the positions you need to fill.

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WHAT TO EXPECT

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Once you file the I-129 form, the USCIS will send you a receipt to let you know they have your petition. If the form is not complete, USCIS will reject it and return the fee to you.

 

We can help you understand the petition and complete it correctly. If the department approves your petition, and if the prospective temporary employees are already in the United States, they can begin work for your company upon meeting certain requirements.

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THE TIME ELEMENT

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The nonimmigrant workers you wish to hire may still be outside the U.S. Keep in mind that processing times for the I-129 vary, and you cannot submit the petition earlier than six months in advance of the date on which the temporary employees are to begin work. However, you can pay an extra fee and request premium processing, which will lower the six months’ timeframe to 15 days. Once you go through hiring nonimmigrant workers for your business the first time, you will find the process much easier the next time around.

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FORM I-129 FEES

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The application fee for Form I-129 is $460. This fee may be waived by completing Form I-912, Request for Fee Waiver.

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If there are no further complications in your case, our filing fee will be $125 but every case is unique.

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For more information, please contact us.

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