I-129 Revised 10_23_Tn Copy - Services For International 2024

I-129 Revised 10_23_2014Tn Copy - Services For International: What You Should Know

All work performed in a USCIS affiliated facility is considered qualifying work. H-3B is for foreign nationals for whom there is strong reason to believe they will perform services (work) in a specialty occupational region (such as an electronic warfare or nuclear reactor region or in support of an intelligence or counterintelligence program).  (The H-6 (Work Study) visa) was designed specifically for skilled workers who do not necessarily perform the skills or functions in the specialty occupational region designated for work in a USCIS affiliated facility. If, on petition, the alien is certified to perform an occupational function, the I-129 petition allows for a change of employers. An alien may qualify under H-3B if the alien's position in the United States will require a level of competence above the level a typical nonimmigrant would have but would not require a level of proficiency above the levels typically required for employment as a skilled worker. It is the duty of USCIS Director, General Counsel to ensure that any proposed work authorization under the H-7 is in fact of a type necessary to meet the position qualifications. If the position in question will require a foreign language as part of the job, the alien will be required to demonstrate satisfactory progress in learning the foreign language in order to obtain a work authorization. (Note: The requirements of the H-3B and H-7 work authorization may be very similar, but there can be different interpretations of the same job qualification requirements, including how such requirements will be measured.) All nonimmigrant visa petitions are processed on a priority basis. If a petitioner cannot meet the petition requirements when they are filed, they are placed in a waiting list. If a petition is not approved after several years, it may be sent to the consular officer of the consular district where the alien is residing. A petition may also be reviewed for filing by the U.S. Citizenship and Immigration Services (USCIS) with the recommendation of the U.S. Secretary of Homeland Security (DHS). If a petition is denied, it is returned to the petitioner for retraction by filing a new I-129 petition. Thereafter, all petitions are processed on a time-frame basis. The I-129 petition may be filed in person at a USCIS office, or it may be downloaded electronically. The applicant receives a USCIS letter, usually within 24-48 hours, certifying the petition has been received electronically and was filed in the correct format. The form may also be printed off online.

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