Fillable Printable Form M-1087

Form M-1087

Form M-1087 12/23/16 N Page 1 of 4

Optional Checklist for Form I-129 H-2B Filings

Department of Homeland Security

U.S. Citizenship and Immigration Services

This is an optional checklist to assist petitioners with filing H-2B petitions on Form I-129.

Do not submit this checklist to USCIS.

USCIS

Form M-1087

Internal Form

NOTE: This optional checklist is provided to assist H-2B petitioners in completing Form I-129. It is not a substitution for

or alteration of statutory or regulatory requirements. USCIS recommends that you review the relevant statutory and

regulatory requirements, as well as the appropriate form instructions, before completing and submitting Form I-129.

A completed and properly signed USCIS Form I-129, Petition for a Nonimmigrant Worker. See www.uscis.gov for

the most recent version of Form I-129 and its instructions.

General Petition Requirements

1. Petitioners must provide their full names and addresses in Part 1 of Form I-129. The following are the only

entities who may file Form I-129 with USCIS as H-2B petitioners:

2. Only the petitioner (named in Part 1 of Form I-129) may sign Part 7 of the form.

3. Any person assisting the petitioner to prepare Form I-129 must sign Part 8 of Form I-129.

a. The employer listed on the temporary labor certification; or

b. The employer's agent, as defined in USCIS regulations (8 CFR 214.2(h)(2)(i)(F)).

NOTE: Those who do not meet the requirements of agent-petitioners, but solely assist a petitioner in filling out

Form I-129, are considered “preparers.” Preparers are not considered petitioners. Preparers' names and addresses

should not be listed in Part 1 of Form I-129 except in limited circumstances when petitioners permit preparers to

receive their correspondence (see General Petition Requirements, item number 4, on this checklist).

5. You do not have to provide the names of all workers you request. However, you must provide the workers' names

if you:

4. You may enter the name and address of the person collecting your mail, if any, in the "C/O: (In Care Of, if any)"

field in response to Part 1, item number 3a to ensure that you receive communications from USCIS. However,

USCIS discourages the practice of entering another person's address for mailing purposes. Petitioners must still

provide their actual address in Part 1, item numbers 3b through 3g.

a. Require workers with specific education, skills, licenses, or other requirements (as indicated on the temporary

labor certification);

b. Request workers who are already in the United States; or

Request workers who are from countries which are not on the H-2 Eligible Countries List. See www.uscis.

gov/h-2b for the current list.

A completed and properly signed H Classification Supplement to Form I-129.

Only the petitioner (named in Part 1 of Form I-129) can sign the H Classification Supplement in Section 3, Part A.

2. In some cases, an employer uses an agent who meets the requirements of an agent-petitioner to file Form I-129 on

its behalf. In that event, the employer (who is not the petitioner named in Part 1) must sign

the H Classification

Supplement in Section 3, Part B. The agent-petitioner must still sign Part A in this situation.

Also note that the term "temporary labor certification" refers to U.S. Department of Labor's (DOL) ETA Form 9142,

Temporary Employment Certification. However, if you are requesting to employ H-2B workers in Guam, this term

applies to Guam Department of Labor's Form GDOL 750, Application for Temporary Labor Certification.

NOTE: Submitting a signed contract between an employer and the agent-petitioner does not replace the need for

a signature from the employer in Part C of the H Classification Supplement.

Form M-1087 12/23/16 N Page 2 of 4

Payment of the base petition fee, currently $460. Check current fees at www.uscis.gov/fees.

An approved temporary labor certification.

1. Submit the original temporary labor certification.

2. If you are filing a subsequent petition using a temporary labor certification that was already submitted to USCIS

in a previous petition, instead provide:

IMPORTANT: An H-2B petition based on a DOL-approved temporary labor certification must state an

employment “From” date in Part 5, item number 10 of Form I-129 that is the same as the date of need stated on the

certified ETA Form 9142. This is not required if you are filing an amended petition due to unavailability of

originally requested workers.

Optional: A cover letter from the petitioner or employer on official letterhead describing:

1. The nature of the employer's business;

2. Any additional locations or mailing addresses used by the employer;

3. The duties to be performed in the position offered;

4. The nature of the employer's need for workers, including why the job is temporary, along with independent

documentation to support the claimed need; and

5. The qualifications of the requested workers, if applicable.

Payment of the $150 fraud prevention and detection fee.

Optional: If you are requesting premium processing, payment of the premium processing fee (currently $1,225) and

completion of Form I-907, Request for Premium Processing Service. This is in addition to the $460 base petition

and $150 fraud prevention and detection fees.

a. A photocopy of the previously submitted temporary labor certification;

b. The receipt number of the petition containing the original temporary labor certification; and

A statement explaining why you were unable to submit the original temporary labor certification.

Additional Documentation to Show the Worker Qualifies for H-2B Employment

You may file for more than one worker on a single petition if:

1. All of the beneficiaries will perform the same services for the same period of time and in the same location;

2. The total number of H-2B workers you request does not exceed the number of positions indicated on the

corresponding temporary labor certification; and

3. You request the same action for all beneficiaries included on the petition. The requested action must be one of

the following:

a. Notification of a U.S. Embassy or Consulate, Port of Entry (POE), or Pre-Flight Inspection (PFI);

b. Extension in H-2B classification;

Change of status; or

d. Amended stay.

Submit documentation to support any affirmative answers to item numbers 8 or 9 in Section 3 of the H Classification

Supplement,

regarding collection of prohibited fees from workers.

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If you are requesting a change of status or extension of stay, provide evidence of each worker's previous nonimmigrant

classification and maintenance of status. This evidence may include, but is not limited to:

3. A statement explaining why the substitution is necessary;

If you are filing an amended petition due to the unavailability of H-2B workers you originally requested, provide:

1. A copy of the original H-2B petition approval notice;

2. A photocopy of the previously submitted temporary labor certification;

4. Evidence that the total number of workers will not exceed the number of H-2B workers authorized on the

temporary labor certification; and

5. Evidence of the qualifications of the newly identified beneficiaries, if applicable.

H-2 Eligible Countries List Requirements

Are you requesting workers from a country that is included on the H-2 Eligible Countries List? See www.uscis.gov/h-2b

for the current list.

Yes

You are only required to provide the names and biographical information on Attachment 1 of Form I-129 for

requested workers who are currently in the United States. You do not have to provide the names of requested

workers who are outside the United States, but you must provide their countries of birth and citizenship so that

USCIS may verify that the countries are included on the H-2 Eligible Countries List.

You must provide the names and biographical information on Attachment 1 of Form I-129 for all requested

workers - including workers who are outside the United States. Additionally, you must establish that employment

of the worker is in the U.S. interest. When determining whether the U.S. interest requirement has been met in

an H-2B petition, USCIS considers the following:

1. Evidence that a worker with the required skills is not available from among foreign workers from a

country on the H-2 Eligible Countries List;

2. Evidence that the requested worker has been admitted to the United States previously in H-2B status;

3. The potential for abuse, fraud, or other harm to the integrity of the H-2B program through the potential

admission of workers from a country not currently on the list; and

NOTE: If you are requesting H-2B workers from both eligible and non-eligible countries, USCIS

recommends that you file two separate petitions - one with eligible country workers and one with the non-

eligible country workers - to avoid possible processing delays.

4. Other factors that serve the U.S. interest, if any.

If the temporary labor certification states the workers require certain education, training, experience, or other special

requirements, you must:

1. Name the workers on the petition; and

2. Provide documentation to show that each worker qualifies for the job offered.

4. Documents showing how long the workers have been present in the United States.

1. Copies of each worker's most recent paystubs;

2. Copies of each worker's Form I-94, Arrival-Departure Record;

3. Copies of the biographic information pages from each worker's passport or travel document; and

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Duplicate Copy

All documents sent in response to a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of

Intent to Revoke. USCIS will not make duplicate copies for you.

Form I-129 and all supporting documentation at the time of filing.

You must include copies of all communications with USCIS. This includes:

NOTE: Failure to submit duplicate copies may cause a delay in visa issuance from the Department of State.