Optional Checklist for Form I-129 H-1B Filings Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form M-735 Internal Form This is an optional checklist to assist FY 2016 H-1B petitioners submit an I-129 H-1B petition. Do not submit this checklist to USCIS. All checks or money orders are signed and made payable to the "U.S. Department of Homeland Security." If the petition is submitted with the wrong filing fee, USCIS will reject it as improperly filed. Proper fees are enclosed: Base fee of $325 American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee of $750/$1,500 (if/as applicable) Fraud Prevention and Detection fee of $500 (if applicable) Public Law 111-230 fee of $2,000 (if applicable) Premium Processing Service fee of $1,225 (if applicable) A separate check is preferred for each filing fee. If certain fees do not apply or are incorrect and are provided in one check, this may result in the rejection of your H-1B petition. Petition includes original signatures (preferably in black ink) on Pages 6, 7, 8, 11, 12 (if applicable) and 14 of Form I-129 (with a revision date of 10/23/14). For older versions of Form I-129 (with a revision date on or after 11/23/10 but before 10/23/14), petition must include original signatures (preferably in black ink) on Pages 6, 7, 10 (if applicable) and 12. All sections of the Form I-129, H Classification Supplement to Form I-129, and H-1B Data Collection and Filing Fee Exemption Supplement (with revision date of 11/23/10 or later) are completed and all required pages are enclosed. If you are seeking Premium Processing Service, Form I-907 (with revision date of 08/10/09 or later) is completed, signed in the original, and enclosed with the H-1B petition. NOTE: If you are signing Form I-907 as an attorney or accredited representative for the petitioner, you must include a properly completed and signed Form G-28 with the petition. A corresponding Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL) and is signed by petitioner and attorney/representative, if applicable, and enclosed. Petition is being mailed with appropriate labels to the California Service Center (CSC) or Vermont Service Center (VSC) consistent with filing jurisdictions and instructions listed at www.uscis.gov. Form M-735 03/12/15 N Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com All questions on Form I-129, H-1B Data Collection and Filing Fee Exemption Supplement Pages 19 through 21, (particularly those in Section 3) are answered correctly (with a revision date of 10/23/2014). For older versions of the Form (with a revision date on or after 11/23/10 but before 10/23/14), questions on Pages 17 through 19 (particularly those in Part C) must be answered correctly H-1B Regular Cap 1. Requested start date must be on or after 10/01/2015 and within six months of the filing date. 2. Includes current H-1Bs that were previously cap exempt and are now seeking to change to cap-subject employment. 3. Select the box for item 1.a. on Section 3 of Page 20 of the new Form I-129, with a revision date of 10/23/14. For older versions of Form I-129 (with a revision of date on or after 11/23/10 but before 10/23/14), select the box for item 1.a. on Part C of Page 18. H-1B Advanced Degree Exemption 1. Requested start date must be on or after 10/01/2015 and within six months of the filing date. 2. Beneficiary has earned a master's (or higher) degree from a U.S. educational institution. 3. Select the box for item 1.b. on Section 3 of Page 20 and complete Question 2, Section 3 on Page 20 of Form I-129 (revision date of 10/23/14). For older versions of Form I-129 (with a revision date on or after 11/23/10 but before 10/23/14), check the box for item 1.b. on Part C of Page 18 and complete Question 2, Part C on Page 18. Chile/Singapore H-1B1 Cap 1. Requested start date for a FY 2016 H-1B1 must be on/after 10/01/2015 and within six months of the filing date. 2. Beneficiary is a national of Chile or Singapore. 3. Select the box for item 1.c. on Section 3 of Page 20 of the new version of Form I-129 (revision date of 10/23/14). 4. Complete and submit Page 11, Trade Agreement Supplement to the new version of Form I-129 (revision date of 10/23/14). For older versions of Form I-129 (with a revision date on or after 11/23/10 but before 10/23/14), complete and submit Page 10, Trade Agreement Supplement. H-1B Cap-Exempt or Non-Cap H-1B Extension of Stay 1. If the petitioner is cap exempt or the H-1B petition is otherwise not subject to the cap, select the box for item 1.d. on Section 3 of Page 20 and complete Question 3, Section 3 on Page 21 of Form I-129 (revision date of 10/23/14). For older versions of Form I-129 (with a revision date on or after 11/23/10 but before 10/23/14), select the box for item 1.d. on Part C of Page 18 and complete Question 3, Part C on Pages 18 and 19. 2. Includes current H-1Bs that were previously counted towards the cap. 3. Includes amended petitions where the petitioner is seeking to notify USCIS of changes to employment conditions of a current H-1B beneficiary. NOTE: This optional checklist is provided to assist H-1B 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. Form M-735 03/12/15 N Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com