Fillable Form M-735: Optional Checklist for Form I-129 H-1B (USCIS)

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Form M-735: Optional Checklist for Form I-129 H-1B (USCIS)

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U.S. Citizenship and Immigration Services (USCIS) is an office of the U.S. Branch of Homeland Security (DHS) that oversees the nation's naturalization and migration framework. It is a successor to the Immigration and Naturalization Service (INS), which was disintegrated by the Homeland Security Act of 2002 and supplanted by three segments inside the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

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Form M-735 09/30/20 Page 1 of 3
Base fee of $460
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 114-113 fee of $4,000 (if applicable)
Petition includes original signatures (preferably in black ink) on Pages 6, 7 (if applicable), and 14 of Form I-129
(with a revision date of 01/31/19 or 01/17/17). Signatures must comply with Policy Memorandum
PM-602-0134.1:
Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with U.S. Citizenship and
Immigration Services.
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), the petition must
include original signatures (preferably in black ink) on Pages 7, 8, 11 (if applicable), and 14. For Form I-129 with
a revision date of 08/13/15 or 12/23/16, the petition must include original signatures (preferable in black ink) on
Pages 6, 7 (if applicable) and 14.
This is an optional checklist to assist FY 2020 H-1B petitioners submit a Form I-129 H-1B petition.
Do not submit this checklist to U.S. Citizenship and Immigration Services (USCIS).
Premium Processing Service fee of $2,500 (if applicable)
We prefer that you submit a separate check for each fee. For example, if you are required to pay the base filing
fee, the ACWIA fee, and the premium processing fee, you should submit three separate checks. If you only
submit one check as combined payment for all applicable fees and certain fees do not apply or are incorrect, we
may reject your H-1B petition.
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.
All sections of Form I-129, H Classification Supplement to Form I-129, and H-1B Data Collection and Filing Fee
Exemption Supplement (with revision date of 10/23/14 or later) are completed and all required pages are enclosed.
If you are eligible for premium processing and applying for premium processing, submit a completed Form I-907,
Request for Premium Processing Service (with revision date of 01/29/15 or later). It must be signed with an original
signature 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.
Proper fees are enclosed:
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
A corresponding Labor Condition Application (LCA) that has been certified by the Department of Labor (DOL) and
signed by the petitioner and attorney/representative, if applicable, is enclosed.
Form M-735 09/30/20 Page 2 of 3
Cap-Gap Petitions
1. Beneficiary's current status is F-1 (academic student) and he or she has not violated the terms or conditions of his
or her F-1 status.
2. Requested start sate on the I-129 cap subject petition must be 10/01/2019 and within six months of the filing date.
3. Must be requesting a change of status from F-1 to H-1B.
H-1B Advanced Degree Exemption
1. Requested start date must be on or after 10/01/2019 and within six months of the filing date.
2. Beneficiary has earned a master's (or higher) degree from a U.S. institution of higher education.
3. Select the box for Item B. in Item Number 1. on Section 3 of Page 20 and complete Question 2, Section 3 on
Page 20 of Form I-129 (revision date of 01/31/19, 01/17/17, or 12/23/16).
H-1B Regular Cap
1. Requested start date must be on or after 10/01/2019 and within six months of the filing date.
2. Includes current H-1B beneficiaries that were previously cap exempt and are now seeking to change to cap-
subject employment.
3. Select the box for Item A. in Item Number 1. on Section 3 of Page 20 of Form I-129, with a revision date of
01/31/19, 01/17/17, or 12/23/16.
All questions on Form I-129, H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement Pages 19
through 21, (particularly those in Section 3) are answered correctly (with a revision date of 01/31/19, 01/17/17, or
12/23/16).
For older versions of the form (with a revision date on or after 10/23/14, but before 08/13/15), questions on Pages
19 through 21 (particularly those in Part C) must be answered correctly.
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), select the box for
Item A. in Item Number 1. on Part C of Page 20.
If you are filing your petition under the Regular Cap, indicate by printing "Regular Cap" at the top of Form I-129.
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), select the box for
Item B. in Item Number 1. on Part C of Page 20 and complete Question 2, Part C on Page 20.
You are mailing the petition with appropriate labels to the California Service Center (CSC) or Vermont Service
Center (VSC), according to the filing jurisdictions and instructions listed at www.uscis.gov.
If you are filing a cap-gap petition, indicate that the beneficiary is eligible for cap-gap by printing "Cap-Gap" at the
top of the first page of Form I-129.
For more information regarding cap-gap, see our
Extension of Post Completion Practical Training (OPT) and
F-1 Students for Eligible Students under the H-1B Cap-Gap Regulations page.
If you are filing your petition under the Advanced Degree Exemption, indicate by printing "U.S. Master's" at the top
of Form I-129.
Form M-735 09/30/20 Page 3 of 3
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 D.
in Item Number 1. on Section 3 of Page 20 and complete Question 3, Section 3 on Page 21 of Form I-129
(revision date of 01/31/19, 01/17/17, or 12/23/16).
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.
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), select the box
for Item D. in Item Number 1. on Part C of Page 20 and complete Question 3, Part C on Page 21.
4. Complete and submit Page 11, Trade Agreement Supplement to the new version of Form I-129 (revision date of
08/13/15 or later).
Chile/Singapore H-1B1 Cap
1. Requested start date for a FY 2020 H-1B1 must be on/after 10/01/2019 and within six months of the filing date.
2. Beneficiary is a national of Chile or Singapore.
3. Select the box for Item C. in Item Number 1. on Section 3 of Page 20 of Form I-129 (revision date of 01/31/19,
01/17/17, or 12/23/16).
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), select the box
for Item C. in Item Number 1. on Part C of Page 20.
For older versions of Form I-129 (with a revision date on or after 10/23/14, but before 08/13/15), complete and
submit Page 10, Trade Agreement Supplement.
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Form M-735: Optional Checklist for Form I-129 H-1B (USCIS)

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Completed 19 November 2020

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