Preliminary Petition Documents

(1) General considerations. Nonimmigrant status under this section cannot be granted unless a petition to classify the worker or workers is filed by the importing employer and is approved by the Attorney General, after consultation with the appropriate agencies of the Government, usually the Department of Labor. Approval of the petition merely finds the beneficiary entitled to the claimed H status, and the consul thereafter determines the alien’s admissibility as a bona fide nonimmigrant.18 Consultation usually occurs only in the H-2 cases, and is accomplished through the labor certification process.

The petition is submitted on Form I-129B, in duplicate, to the district director who has jurisdiction over the place, or one of the places, where the services are to be performed or the training is to be received.

(2) Workers of distinguished merit and ability. A peti tion on behalf of an H-l alien must be supported by docu
ments attesting to his distinguished merit and ability. Such documents should include a detailed description of his exceptional qualifications, supported by certifications, affida vits, degrees, diplomas, writing, reviews, and any other appropriate evidence.18 There is no requirement for a labor certification from the Department of Labor in connection with an H-l petition, and possible adverse effect on Amercan workers is not a relevant consideration in relation to such a petition.

(3) Other temporary workers who will not displace American labor. A petition to import H-2 aliens should be supported by the following documents.

(a) Either a certification from the Department of Labor that comparable workers cannot be found in this country, and that their employment will not adversely affect wages and working conditions in the United States, or a notice that such a certificacation cannot bo made.

(b) A detailed description of the situation which makes the importation of the temporary workers necessary, and a statement whether the need is tem porary or seasonal and whether it is expected to recur.

(4) Alien trainees. A petition for an alien trainee (H-3) must be accompanied by a statement describing the training, the position for which he will be trained, the proportion of time that will be devoted to productive employment, to classroom instruction, and to on-the-job training, whether such training can be obtained in the alien’s country, and an explanation of the need for furnishing the training in the United States.
The source of the trainee’s remuneration and whether his training benefits the petitioner are im material, but the trainee is not permitted to engage in productive employment which will displace a United States resident. There is no requirement that a certification from the Department of Labor be obtained for an H-3 trainee.