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Form I-129 Instructions 08/13/15 Y
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4. Highest level of formal education. In Item Number 2. of Section 1., place an “X” in the appropriate box that most
closely reflects the highest level of formal education the beneficiary has attained.
5. Major/primary field of study. Use the beneficiary’s degree transcripts to determine the primary field of study. DO
NOT consider work experience to determine the beneficiary’s major field of study.
6. Master’s or higher degree from a U.S. institution of higher education. Indicate whether or not the beneficiary has
earned a master’s or higher degree from a U.S. institution of higher education, as defined in 20 U.S.C. section 1001(a).
7. Rate of pay per year. The “rate of pay’’ is the salary or wages paid to the beneficiary. Salary or wages must be
expressed in an annual full-time amount and do not include non-cash compensation or benefits. For example, an
H-1B worker is to be paid $6,500 per month for a 4-month period and also provided separately a health benefits
package and transportation during the 4-month period. The yearly rate of pay if he or she were working for a full year
would be 12 times the monthly rate, or $78,000. This amount does not include health benefits or transportation costs.
The figure $78,000 should be entered on this form as the rate of pay.
8. DOT Code. The DOT Code is a three-digit occupational group for professional, technical, and managerial
occupations and fashion models that can be obtained from the Dictionary of Occupational Titles. A reference chart
can be found on our Web site at www.uscis.gov.
9. NAICS Code. This is the North American Industry Classification System (NAICS) Code. This code can be obtained
from the U.S. Department of Commerce, Census Bureau (www.census.gov/epcd/www/naics.htm). Enter the code
from left to right, one digit in each of the six boxes. If you use a code with fewer than six digits, enter the code left to
right and then add zeros in the remaining unoccupied boxes.
For example, the code sequence 33466 would be entered as:
[Each number inside a separate
box]
For example, the code sequence 5133 would be entered as:
[Each number inside a separate box]
Completing Section 2. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form
Petitioners must complete Section 2., Fee Exemption and/or Determination, to determine whether they must pay
the ACWIA fee. This fee is either $1,500 or $750, depending on the number of workers the petitioner employs. The
petitioner is exempt from payment of the ACWIA fee if at least one of the following conditions apply:
1. The employer is an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20
U.S.C. 1001(a);
2. The employer is a nonprofit organization or entity related to, or affiliated with an institution of higher education.
Institutions of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. 100(a) are
defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. 1001(a). Such nonprofit organizations or
entities include, but are not limited to, hospitals and medical research institutions;
NOTE: “Related to” or “affiliated with” means the entity is:
A. Connected or associated with the institution of higher education through shared ownership or control by the same
board or federation;
B. Operated by the institution of higher education; or
C. Attached to the institution of higher education as a member, branch, cooperative, or subsidiary.
3. The employer is a nonprofit research organization or governmental research organization that is primarily engaged in
basic research and/or applied research;
NOTE: “Nonprofit organization or entity” means the organization or entity is:
A. Defined as a tax-exempt organization under the Internal Revenue Code of 1986, section 501(c)(3), (c)(4), or (c)(6)
(codified at 26 U.S.C. 501(c)(3), (c)(4), or (c)(6)); and
B. Has been approved as a tax-exempt organization for research or educational purposes by the Internal Revenue
Service.
4. This petition is the second or subsequent request for an extension of stay filed by the employer regardless of when
the first extension of stay was filed or whether the $1,500 or $750 filing fee was paid on the initial petition or the first
extension of stay;
