Filing an I-129 Petition with USCIS:
The application can be filed with either the USCIS Service Center with jurisdiction over the petitioners’ headquarters or the Service Center with jurisdiction over where the employee will be located. Program approval for the employer is sought by filing Form I-129 with the Q Supplement. Form I-129 is also used for petitioning on an employee’s behalf. The application must be accompanied by documentation of the program.
The I-129 is used by the employer first to seek USCIS designation of the exchange program and then to gain admission of prospective foreign employees. Petitions may include multiple beneficiaries only if all the beneficiaries are performing the same type of service or receiving the same type of training. The qualified employer may replace or substitute a participant named on an approved petition by submitting a letter and copy of the approval notice to the consular office at which the alien will apply for the visa.
Form I-129 may be obtained from the USCIS in the United States here. Please complete the I-129 and send it to one of the USCIS Regional Service Centers listed on the form.
After the USCIS receives your completed I-129, they will take two to eight weeks to process it. If approved, the USCIS will mail the approved petition to the embassy or consulate with jurisdiction over the beneficiary’s area, and will also send telegraphic approval notification to the embassy at the petitioner's expense. The USCIS will also mail the petitioner and beneficiary a notification of approval. This notification is on Form I-797. An I-797 approval notice is not a visa. You must receive a visa at a U.S. Embassy or Consulate to enter the U.S.
(Updated 10/09/12 by NT)
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