Changes in H-1B and O-1 petitions per USCIS

Date of Announcement: December 23, 2010

Per new federal rules, all Penn H-1B and O-1 petition filings to US Citizenship and Immigration Services (USCIS) must include the recently revised Form I-129, Petition for a Nonimmigrant Worker.

OIP-ISSS has revised the H-1B request packet and O-1 request packet in order to gather the information required for the new Form I-129.   Please immediately start using the revised request packets.

 If you have already submitted an H-1B or O-1 request to OIP-ISSS, we will work with you individually to gather additional information needed.

Notable additions to Form I-129 include the following:

  • Attestations regarding deemed exports.  Penn must certify whether the University needs a license from the Federal government in order to allow the prospective H-1B or O-1 employee to access certain controlled technology or technical data.  The licensing requirement affects only a small percentage of Penn's international employees because most types of technology and technical data do not require a "deemed export" license or because one or more exemptions will apply. Please see the revised H-1B (page 7) and O-1 (page 2) request packet for details.  For more information on export control, visit http://www.upenn.edu/researchservices/exportcontrols.html.

  •  Information and documentation showing any prior J status from the foreign national  even if s/he is not currently in J status

  • Additional information from the foreign national, such as SEVIS number, EAD number, A number

  • H-1B only -- additional attestation on the notice of filing postings and filing fees

Please feel free to contact OIP-ISSS with any questions.