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H-1B Facts for Foreign Physicians Part 2: Properly Filing an H-1B Petition

Posted by Ann Badmus | Sep 13, 2012 | 0 Comments

As noted in our previous article, USCIS continues to accept H-1B petitions that are not subject to annual numerical limitations, (e.g. H-1B amended petitions, H-1B extensions for individuals who have already been counted against the cap within the last six years, etc.), Department of Defense (DOD) petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.

To ensure that a petition is properly filed with USCIS, you must do the following:

  • Complete all sections of the Form I-129 petition, including the H Classification Supplement to Form I-129 (pages 11 and 12 of Form I-129) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17 through 19). We accept Form I-129 with a revision date of November 23, 2010, or later.
  • Original signatures, preferably in blue ink, are required on each form.
  • Include a signed check or money order with the correct fee amount.
  • Ensure that all required documentation and evidence is submitted with the petition at the time of filing to ensure timely processing.

It is the petitioner's responsibility to ensure that Form I-129 is completed accurately. Failure to complete Form I-129 with the correct information and provide the required fees or documentation may result in the rejection or denial of the H-1B petition. Furthermore, the petition must be filed at the correct USCIS Service Center, which is dependent upon the jurisdiction in which the foreign physician's employer is located as specified in the petition. Click here to determine which jurisdiction you are in and the address of the appropriate Service Center. (When visiting the website, it is important to be aware that H-1B employers filing petitions which are cap exempt must file such petitions exclusively at the California Service Center at one of the addresses indicated. Petitions that are filed in error at the Vermont Service Center will be rejected.)

Our next article will discuss additional documents that need to be included when filing an H-1B petition.

About the Author

Ann Badmus

Principal and Managing Attorney


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