Form M-1097 - Optional Checklist For Form I-129 H-2a Filings
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4Optional Checklist for Form I-129 H-2A Filings
USCIS
Form M-1097
Department of Homeland Security
Internal Form
U.S. Citizenship and Immigration Services
This is an optional checklist to assist petitioners with filing H-2A petitions on Form I-129.
Do not submit this checklist to USCIS.
NOTE: This optional checklist is provided to assist H-2A 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.
General Petition Requirements
A completed and properly signed USCIS Form I-129, Petition for a Nonimmigrant Worker. See
for
the most recent version of Form I-129 and its instructions.
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-2A petitioners:
a. The employer listed on the U.S. Department of Labor's (DOL's) ETA Form 9142, Temporary Employment
Certification;
b. The employer's agent, as defined in USCIS regulations (8 CFR 214.2(h)(2)(i)(F)); or
c. The association of U.S. agricultural producers named as a joint employer on ETA Form 9142.
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.
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).
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.
5. You do not have to provide the names of all workers you request. However, you must provide the workers' names
if you:
a. Require workers with specific education, skills, licenses, or other requirements (as indicated on ETA Form 9142);
b. Request workers who are already in the United States; or
c. Request workers who are from countries which are not on the H-2 Eligible Countries List. See
gov/h-2a
for the current list.
A completed and properly signed H Classification Supplement to Form I-129.
1. 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.
Form M-1097 12/23/16 N
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