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I 129 for h4 Form: What You Should Know

The purpose of the petition is to obtain an employment certification from the United States Department of State (“US Department of State”) stating that an employment authorization document has been issued by that US Department of State and to certify that the petitioner is in the United States legally to perform services that an employer who wishes to employ the workers can certify as being required by the requirements of the statute under which employment is sought. The US Department of State normally requires the following: (1) a visa application form, (2) copies of the employment authorization form (if the foreign national is seeking an employment or work authorization in another country), (3) a sworn statement to the effect that the petitioner is legally qualified to perform the work, (4) evidence that an employer has a job for which the foreign national can be employed, and (5) proof of financial responsibility.  If the foreign national is seeking a visa and/or adjustment of status, then the US Department of State asks for the following: (1) the foreign nationals passport; (2) an affidavit attesting to the foreign nationals lawful admission to the United States; (3) evidence that the foreign national is of good moral character and has no criminal record; (4) proof of payment of the required fees; (5) employment verification from the applicants employment agency certifying that the foreign national has satisfactorily completed a qualifying period in the United States; (6) proof of residence in the United States, which may be certified by a letter of employment addressed to the Bureau of Immigration and Naturalization and which must be accompanied by an application for a work permit. If the petitioner has completed the qualification period required by the law under which the person is to work, then the employment agency certifies that the foreigner is not prohibited from entering the United States, and the petition is returned to the US Department of State for processing.

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