I 129s 2019

What is the I-129S?

The I-129S form, also known as the 129S based blanket, is a petition used by employers in the United States to sponsor foreign nationals for nonimmigrant work visas under the blanket L-1 program. This program allows multinational companies to transfer employees from foreign offices to their U.S. branches. The I-129S form is specifically designed for organizations that have received blanket approval from U.S. Citizenship and Immigration Services (USCIS), streamlining the process for multiple employees.

Steps to Complete the I-129S

Completing the I-129S form involves several key steps to ensure accuracy and compliance with USCIS requirements. First, gather all necessary information about the employer and the employee, including personal details, job descriptions, and the nature of the employment. Next, fill out the form accurately, paying close attention to sections that require specific details about the employee's qualifications and the company's operations. After completing the form, review it thoroughly for any errors or omissions before submission. Finally, ensure that any required supporting documents are included, such as proof of the company's eligibility and the employee's qualifications.

Legal Use of the I-129S

The I-129S form must be used in accordance with U.S. immigration laws and regulations. It is essential for employers to ensure that they are compliant with all legal requirements when submitting this form. This includes providing accurate information, maintaining proper documentation, and adhering to the terms of employment as outlined in the petition. Misuse of the I-129S can lead to penalties, including denial of the petition or future immigration applications.

Required Documents

When submitting the I-129S form, several documents are required to support the petition. These typically include:

• Proof of the employer's blanket approval from USCIS.
• Evidence of the employee's qualifications, such as degrees and professional experience.
• Documentation showing the relationship between the U.S. company and the foreign entity.
• Details about the job position, including job duties and salary information.

It is crucial to ensure that all documents are current and accurately reflect the information provided in the I-129S form.

Eligibility Criteria

To successfully file the I-129S form, both the employer and the employee must meet certain eligibility criteria. Employers must have a valid blanket L-1 approval and must be engaged in commercial activities in the U.S. The employee must be a foreign national who has been employed by the company abroad for at least one continuous year within the last three years. Additionally, the employee must be seeking to enter the U.S. to work in a managerial, executive, or specialized knowledge capacity.

Form Submission Methods

The I-129S form can be submitted through various methods, including online, by mail, or in person. For online submissions, employers can use the USCIS website to file the form electronically, which may expedite processing times. If submitting by mail, it is important to send the form to the correct USCIS address, as specified in the filing instructions. In-person submissions are generally not common for this form but may be available in specific circumstances.