9.55 Nonresident Alien Forms

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Policy Owner: Financial Management

The following table lists the forms frequently used when working with nonresident aliens.

Form Title Purpose
ETA 750-Part A Application for Alien Employment Certification This form is submitted by the employer when filing for an H-2B visa (temporary workers in short supply) or filing for a 2nd or 3rd Preference Immigrant visa (green card).

Obtain this form from the US Department of Labor.

I-20 Certificate of Eligibility for Non- immigrant (F-1) Student Status This form is to be issued by the department to a prospective student who has been accepted for a full course of study. The form is presented by the nonresident alien to the U.S. Consulate along with the DS-156, DS-158, passport, one photograph, and application fee.
I-94 Arrival-Departure Record This form is issued to the nonresident alien upon entry to the US. A copy of this form (front and back) must be attached to the Disbursement Voucher.
I-129 Petition for a Nonimmigrant Worker The form can be obtained from USCIS and is prepared by the department. The form is then sent along with the appropriate department chairperson's letter of support, other supporting documents, and filing fees.
I-797 Notice of Action The USCIS uses this form to notify the employer and U.S. Consulate of approval of the petition. Upon notification of approval, the nonresident alien should appear at the U.S. Consulate to obtain the visa.
I-797C Notice of Action The USCIS uses this form to notify the employer that a visa petition has been received.
DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status This form is issued by the Center for International Students and Scholars (for visiting scholars). The DS-2019 is sent to the nonresident alien who will take the form along with his or her passport, DS-156 and a photograph to the U.S. Consulate in order to be issued a visa.
ETA9035Labor Condition Application for H1B Non Immigrants This form is required by the Department of Labor and must be filed by employers seeking to hire aliens in specialty occupations on H-1B visas, attesting that the employee will pay at least the local prevailing wage and offer prevailing working conditions to the alien and to all other US workers in the same occupational classification at the employer's facility.

Obtain this form from the US Department of Labor.