Before filing an H-1B petition, the intending employer must file an ETA-9035 Labor Condition Application with the U.S. Department of Labor (DOL) having jurisdiction over the area where the alien will be working. The DOL will certify the Form and return it to the employer. The certified Form is then processed with Form I-129 for adjudication of the H1-B petition by the INS. The ETA-9035 discloses information about the job offer, such as "rate of pay" and "prevailing wage rate," and the employer's "source of information" pertaining to the wage rate disclosed. The Form also requires certain employer attestations.

Download Form at: http://workforcesecurity.doleta.gov/foreign/preh1bform.asp

Use Form ETA-750 to apply to the Department of Labor for a labor certification in behalf of an alien. Part A must be completed by the person or entity offering the job. Part B must be completed by the alien. This Form must be filed with the State Employment Security Agency serving the area within the State where the job will be performed.

Download Form at: http://workforcesecurity.doleta.gov/foreign/750inst.asp

Use Form I-129 if you are an individual or entity and wish to petition for a foreign worker to accept temporary employment with you or your organization. Form I-129 is used when petitioning for artists, fashion models, nurses, athletes, agricultural workers, skilled/unskilled seasonal workers, trainees, and special education exchange program participants. You must file both I-129 and the applicable Supplement i.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-129.htm

Attach Supplement E to Form I-129 when petitioning for a treaty trader (E-1 visa) or treaty investor (E-2 visa) alien who is a national of a country with which the U.S. maintains a treaty of commerce.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-129.htm

Attach Supplement H to Form I-129 when petitioning for a:

• Specialty occupation nonimmigrant worker
• Registered nurse
• Artist, entertainer or fashion model of international acclaim
• Artist of acclaim in an unique or traditional art form
• Athlete
• Essential support personnel for H-1B entertainers or athletes
• Agricultural workers
• Non-agricultural, temporary skilled or unskilled workers
• Trainees
• Special education exchange visitor program participant
• Exceptional services provider participating in a co-operative research and development project administered by the U.S. Department of Defense

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-129.htm

Attach Supplement L to Form I-129 if the petition is filed on behalf of a (1) manager (2) executive, or (3) specialized knowledge worker, who is being transferred to the U.S. to work for a (a) U.S. parent company, (b) subsidiary (c) branch or (d) affiliate of the worker's employer abroad.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-129.htm

Attach Supplement O/P to Form I-129 if the petition is filed in behalf of an alien of extraordinary ability in science, art, education or business (O-1 visa) or an artist or entertainer participating in a reciprocal exchange program (P-2), or an essential support personnel for P-2 aliens.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-129.htm

Use Form I-765 to apply for employment authorization, or to replace a lost or stolen employment authorization document (EAD) or to renew your permission to work.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-765.htm

Employers use Form I-140 to petition for permanent residence classification on behalf of a foreign worker who is

(1) the beneficiary of an approved labor certification, or

(2) a worker for whom a labor certification is not required, including:

• a multinational manager or executive, or
  
• an alien of extraordinary ability, or
  
• an outstanding professor or researcher

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-140.htm

Used by alien investors seeking U.S. permanent resident status on the basis of their investment in a U.S. commercial enterprise. The investment amount is determined by the Attorney General and relates to the area where the investment will occur. A number of other restrictions apply and are subject to strict scrutiny for compliance. For INS regulations on this topic, try the INS Web site.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-526.htm

Used to remove the conditions on permanent residence based on an investment in a commercial enterprise.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-829.htm

Used when hiring any new employee after November 5, 1986. Both employer and employee must complete the Form to indicate that the employer checked the employee’s identity and eligibility to work in the U.S.

Download Form at: http://www.ins.gov/graphics/formsfee/forms/i-9.htm

NOTE: Please use our Contact Form to report any inaccurate or missing application forms, or if you have questions.