The petition must be filed by a U.S. employer with either:temporary labor certification from the U.S. Departmentof Labor, or the Governor of Guam if the proposedemployment is solely in Guam, stating that qualified U.S.workers are not available and that employment of the alienwill not adversely affect the wages and working conditionsof similarly employed U.S. workers; or
A notice from such authority that the temporary laborcertification cannot be made, along with evidence of theunavailability of U.S. workers and of the prevailing wagerate for the occupation in the United States, and evidenceovercoming each reason why the certification was notgranted; and
Copies of evidence, such as employment letters andtraining certificates, showing that each named alien metthe minimum job requirements stated in the certification atthe time the application was filed.
NOTE: Employers filing H-2B petitions for employment tocommence on or after October 1, 2005 must submit anadditional fee of $150.00. The Save Our Small and SeasonalBusinesses Act of 2005 authorized this $150.00 FraudPrevention and Detection Fee.NOTE: For additional information see the U.S. Departmentof Labor Internet website at www.ows.doleta.gov/foreign.
California Service Center FilingsFile Form I-129 with the California Service Center if thebeneficiary is or will be employed temporarily or receivingtraining in:Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho,Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio,Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming
Premium Processing ServiceUSCISCalifornia Service Center24000 Avila Road2nd Floor, Room 2312Laguna Niguel, CA 92677 Vermont Service Center FilingsFile Form I-129 with theVermont Service Center if thebeneficiary is or will be employed temporarily or receivingtraining in:Alabama, Arkansas, Connecticut, Delaware, the District ofColumbia, Florida, Georgia, Kentucky, Louisiana, Maine,Maryland, Massachusetts, Mississippi, New Hampshire, NewJersey, New Mexico, New York, North Carolina, Oklahoma,Pennsylvania, Puerto Rico, Rhode Island, South Carolina,Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, orWest Virginia.
Premium Processing ServiceUSCISVermont Service CenterATTN: I-12930 Houghton StreetSt. Albans. VT 05478-2399