Checklist of Required Initial Evidence for Form I-129 (for informational purposes only)

Did you provide the following?

• Evidence you maintained status if you are filing for a change of status or extension of stay.

Did you provide the following?

• Evidence the beneficiary maintained status if they are seeking a change of status or extension of stay;
• Evidence showing the proposed employment qualifies as a specialty occupation;
• Evidence showing the beneficiary is qualified to perform the specialty occupation;
• A copy of any required license or other official permission for the beneficiary to perform the specialty occupation in the state of intended employment (if applicable);
• A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed; and
• A corresponding Labor Condition Application that has been certified by the Department of Labor and signed by the petitioner and attorney/representative (if applicable).

Did you provide the following?

• Evidence the beneficiary maintained status if they are seeking a change of status or extension of stay;
• Evidence showing the proposed employment qualifies as a specialty occupation;
• Evidence showing the beneficiary is qualified to perform the specialty occupation;
• A copy of any required license or other official permission to practice the specialty occupation in the state of intended employment; and
• A copy of any written contract between you and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed.

Did you provide the following?

• Evidence the beneficiary maintained status if they are seeking a change of status or extension of stay;
• A description of the proposed employment;
• A statement listing the names of noncitizens who are currently or have been employed on the project within the past year, along with their dates of employment;
• Evidence the beneficiary holds a bachelor’s or higher degree (or its equivalent) in the field of employment; and
• A verification letter from the Department of Defense project manager. Details about the specific project are not required.

Did you provide the following?

• Evidence the beneficiary maintained status if they are seeking a change of status or extension of stay;
• Evidence showing the beneficiary will perform services at events or productions of a distinguished reputation;
• Evidence to establish the beneficiary is a fashion model of distinguished merit and ability; and
• Copies of any written contracts between the employer and the beneficiary or, if there is no written agreement, a summary of the terms of the oral agreement under which the beneficiary will be employed.

If you are filing as an H-3 nonimmigrant coming to the United States temporarily to participate in a special education exchange visitor program in the education of children with physical, mental, or emotional disabilities, did you provide the following?

• A description of the training, staff, and facilities;
• Evidence that the Special Education Exchange Visitor Program meets specific conditions regarding any custodial care of the children, the facility’s professionally trained staff, and the structured program. Please refer to the form instructions for more information regarding these conditions;
• Details of the beneficiary’s participation in the program; and
• Evidence showing the beneficiary has almost completed their baccalaureate bachelor’s degree in special education (or already holds such a degree), or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.

If you are filing as an H-3 nonimmigrant coming to the United States temporarily to receive training from an employer in any field other than graduate medical education or training, did you provide the following?

• A detailed description of the structured training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
• A summary of the prior training and experience of each beneficiary on the petition; and
• An explanation stating:
  • Why the training is required;
  • Whether similar training is available in the beneficiary’s country;
  • How the training will benefit the beneficiary in pursuing a career abroad;
  • The source of any pay the trainee will receive; and
  • Any benefit the petitioner will get by providing the training.

Did you provide the following?

• Evidence the beneficiary has maintained lawful status (if applicable);
• Evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control;
• A description of the proposed job duties and qualifications;
• Evidence the proposed employment is in an executive, managerial, or specialized knowledge capacity;
• Evidence that the beneficiary’s employment for the required one year abroad is in a managerial, executive, or specialized knowledge capacity (as applicable);
• A description of the beneficiary’s job duties and qualifications for their employment abroad;
• Form I-907, Request for Premium Processing (if applicable); and
• For new office petitions where the beneficiary will be employed in a managerial or executive capacity (L-1A):
  • A description of the proposed job duties and qualifications;
  • Evidence the petitioner has rented, leased, purchased, or otherwise acquired a physical location that is appropriate for the type of work;
  • Evidence the beneficiary has been employed in an executive or managerial capacity for one continuous year in the three-year period preceding the filing of the petition or preceding the beneficiary’s admission to the United States;
  • Evidence the proposed employment involves executive or managerial authority over the new operation; and
  • Evidence the intended U.S. operation will support an executive or managerial position within one year of approval.
• For new office petitions where the beneficiary will be employed in a specialized knowledge capacity (L-1B):
  • A description of the proposed job duties and qualifications;
  • Evidence the petitioner has rented, leased, purchased, or otherwise acquired a physical location that is appropriate for the type of work; and
  • Evidence the petitioner has the financial ability to pay the beneficiary and to start doing business in the United States.

Did you provide the following?

• A written consultation from the appropriate labor organization (O-2s for motion picture or television productions must have consultations from both labor and management organizations);
• Evidence of the O-2’s current essentiality, critical skills, and experience with the O-1, and evidence that the O-2 has substantial experience performing the critical skills and essential support services for the O-1; and
• In the case of a specific motion picture or television production, evidence showing significant production has taken place outside the United States, and will also take place inside the United States, and that the O-2’s continuing participation is essential to the production’s successful completion.

You must file this form in relation to an O-1 petition.

Did you provide the following?

• A written consultation from an appropriate labor organization;
• Evidence of the beneficiary’s qualifications to perform the services;
• A statement describing the beneficiary’s critical knowledge of the specific services to be performed and prior experience with the principal P-1, P-2, or P-3;
• Statements or affidavits from persons with first-hand knowledge that the beneficiary has had experience performing the critical skills and essential support services for the principal P-1, P-2, or P-3; and
• A copy of any written contract between the employer and the beneficiary, or a summary of the terms of the oral agreement under which the beneficiary will be employed.

Did you provide the following?

• A written consultation from the appropriate labor union. Waivers may be available in certain circumstances. Please check the general filing instructions or the regulations for more information;
• A copy of any written contracts or a summary of the terms of an oral agreement under which the beneficiary will be employed;
• An explanation of the nature of the events or activities, the beginning and ending dates, and a copy of any itinerary;
• Evidence to establish eligibility for the P-1A classification as an internationally recognized athlete or team, a professional athlete, an athlete or coach of a team or franchise that is located in the United States and a member of a foreign league or association, or a professional or amateur athlete coming to perform in a specific theatrical ice-skating production or tour, individually or as part of a group; and
• Evidence the beneficiary maintained status if they are seeking a change of status or extension of stay.

Did you provide the following?

• A written consultation from an appropriate labor organization;
• A copy of any written contract or a summary of the terms of the oral agreement under which the beneficiary will be employed;
• An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events and activities;
• Evidence that the group is internationally recognized in the discipline for a sustained and substantial period of time; and
• Evidence that 75% of the members of the group have had sustained and substantial relationship with the group for at least one year. (The one-year requirement does not apply to circus groups coming to perform with nationally recognized circuses.)

Did you provide the following?

• A written consultation from an appropriate labor organization;
• A copy of the reciprocal exchange program agreement;
• A statement from the sponsoring organization describing the reciprocal agreement as it relates to the petition;
• Evidence the beneficiary and the U.S. artist or group have comparable skills and the terms of employment are similar; and
• Evidence an appropriate labor organization in the United States was involved in negotiating or concurred with the exchange.

Did you provide the following?

• A written consultation from an appropriate labor organization;
• A copy of any written contract or a summary of the terms of the oral agreement under which the beneficiary will be employed;
• An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events and activities; and
• Evidence that all performances will be culturally unique events.

Did you provide the following?

• Evidence you have maintained an established international cultural exchange program;
• Evidence you have designated a qualified employee to administer the program and serve as a liaison with USCIS;
• Evidence you are actively doing business in the United States;
• Evidence you are offering the beneficiary wages and working conditions comparable to those given to local domestic workers who work in similar jobs;
• Evidence you have the financial ability to pay the participants;
• Catalogs, brochures, curriculum, or other evidence describing the program; and
• The date of birth, country of nationality, level of education, position title, and job description for each participant.

Did you provide the following?

• Evidence relating to the petitioning organization:
  • If you have your own individual IRC 501(c)(3) letter, provide a valid determination letter from the Internal Revenue Service (IRS) establishing that the organization is a tax-exempt organization;
  • If you are recognized as tax-exempt under a group tax-exemption, provide a valid determination letter from the IRS establishing that the group is tax-exempt; or
  • If you are affiliated with a religious denomination that has been granted tax-exempt status under section 501(c)(3) of the Internal Revenue Code (IRC) of 1986 (or any subsequent amendments, equivalent sections, or prior enactments of the IRC) as something other than a religious organization, provide:
    • A valid determination letter from the IRS establishing that the organization is a tax-exempt organization;
    • Documentation establishing the religious nature and purpose of the organization;
    • Organizational literature, such as books, articles, brochures, calendars, and flyers, describing the religious purpose and nature of the activities of the organization; and
    • Religious Denomination Certification, which is part of the R-1 Classification Supplement to Form I-129, completed, signed, and dated by the religious organization with which the petitioning organization is claiming affiliation;
• Employer attestation, included as part of the R-1 Classification Supplement to Form I-129, completed signed, and dated by an authorized official of the petitioner;
• Verifiable documentation of how you intend to compensate the beneficiary, including salaried or non-salaried compensation.
  • This includes IRS documentation, such as IRS Form W-2 or certified tax returns (if available). If unavailable, you must submit an explanation for the absence of IRS documentation, along with comparable, verifiable documentation.
• If the beneficiary will be self-supporting, you must submit documentation establishing:
  • That the beneficiary’s position is part of an established program for temporary, uncompensated missionary work, which is part of a broader international program of missionary work sponsored by the denomination;
  • That the denomination maintains missionary programs both in the United States and abroad;
  • The religious worker’s acceptance into the missionary program;
  • The religious duties and responsibilities associated with the traditionally uncompensated missionary work; and
  • Verifiable evidence documenting the sources of self-support.
• If the religious worker will be working as a minister, you must provide:
  • A copy of their certificate of ordination or similar documents; and
  • Documents showing acceptance of their qualification as a minister in the religious denomination and evidence the beneficiary completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination;
  • If the denomination does not require a prescribed theological education, provide denomination’s requirements for ordination to minister, duties allowed to be performed by virtue of ordination, denomination levels of ordination if any, and beneficiary’s completion of the denomination’s requirements for ordination.
• Evidence that the beneficiary has been a member in the religious denomination for at least two years immediately preceding the filing of the petition;
• Evidence to establish the beneficiary is qualified to perform the duties of the offered position;
• Initial evidence of the previous R-1 employment if you are requesting an extension of stay.
  • If the beneficiary received salaried compensation, you must submit IRS documentation showing they received a salary for the preceding two years.
  • If the beneficiary received non-salaried compensation, you must submit IRS documentation of the non-salaried compensation, if available. If IRS documentation is not available, then you must submit verifiable evidence of all financial support.
  • If the beneficiary received no salary, but supported themselves and any dependents, you must show how they maintained support by submitting verifiable documents with your petition.

Did you provide the following?

• Evidence you maintained status, if you are applying for a change of status or extension of stay;
• If you are a citizen of Canada and are currently outside the U.S. or if you are a citizen of Canada or Mexico and are requesting a change of status to TN:
  • Evidence you will be engaged in business activities at a professional level; and
  • Evidence you have the requisite professional qualifications.
• If you are a citizen of Canada or Mexico and are requesting an extension of stay:
  • Evidence your qualifying employment will continue; and
  • Evidence you continue to have the requisite professional qualifications, including a valid license (if required by the profession and/or the state).