What is Form I-129?

Form I-129 is the petition form used for the E, H, L and R, O, P and Q visa categories.

What is an R visa?

The R-Visa is for ministers, persons working in a professional capacity for a religious organization, and others working for such an organization. Examples of such occupations are pastors, liturgical workers, cantors and such. The initial period of admission under the R-visa is three years and can be extended for an additional two years.

What is an L-Visa?

The “intracompany transferee” visa (L-Visa) facilitates the admission of multinational corporate executive and managers, or persons with specialized knowledge into the U.S. to work at the subsidiary of a foreign company. In order to qualify, the person must have been an employee of the parent company continuously for one year out of the prior three years before filing the L petition.

What is the E-2 Visa category?

This visa is for treaty investors who develop or direct an enterprise in which he or she has invested a substantial amount of capital. The same requirements and benefits apply as in the case of E-1 visas.

What is the E-1 Visa Category?

This visa is for treaty traders and allows individuals who engage in trade between their home country and the United States to reside and work in the U.S. E visa holders can remain in the U.S. for an indeterminate period of time, as long as they continue to do business. In order to qualify for this visa, there must be a reciprocal treaty between the U.S. and the country of the applicant’s nationality.

What happens if I am filing a “Change in previously approved employment,” and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the employee during the validity period of the previous petition?

Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the employee during the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition. Such exceptions are limited and are made on a case-by-case basis.

What is the EB-2 Immigrant Visa Category?

This classification includes:

  • Members of the professions holding advanced university degrees or their equivalent; and
  • Individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

What is the H-1B visa Category?

The H-1B visa is a non-immigrant visa allowing the employee to work for the sponsoring employer for a total of 6 consecutive years. Their spouses and children (under 21) can legally live in the U.S. on an H-4 visa (although they are not permitted to accept employment).

When applying for an H-1B visa, the employer is the petitioner, while the foreign worker is the beneficiary. The employer files a Labor Condition Application with the U.S. Department of Labor. Second, the employer files a visa petition (Form I-129) with supporting documentation.