Form I-129, explained

Form I-129 is an immigration form that is included with most non-immigrant US visas. In this guide, we'll explain how to complete Form I-129 step-by-step, which documents you will need to include for each visa type, and where to send Form I-129.

Chelsea Spinos, Writer
Simon Craven, Manifest Immigration Lawyer

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Simon Craven, Esq.

Simon Craven is an immigration attorney with 11+ years of experience working on thousands of successful immigration cases. Simon is passionate about US immigration and helping people.

12 min read • April 10, 2024

Form I-129 from USCIS
Form I-129 from USCIS
Form I-129 from USCIS

Key takeaways

Form I-129 is a very common immigration form used for the majority of non-immigrant visas to the US.

Form I-129 will provide the US Government with all of your key biographical information. Plus, it must be accompanied with evidence which varies from visa to visa.

The filing address for Form I-129 varies by visa type.

We always recommend hiring an experienced immigration lawyer for your I-129 form and document package assembly. Manifest attorneys are experienced with all non-immigrant visas to the US.

Form I-129 is used for many non-immigrant visa petitions. This form is completed by the employer seeking to bring a talented individual to work in the U.S.


Here's the catch – filling out Form I-129 is just the beginning. You'll need to gather lots of documents and evidence to support the visa application.

What is Form I-129?

What is Form I-129?

Form I-129, also known as the “Petition for Nonimmigrant Worker,” is a document used by employers seeking to bring nonimmigrant workers to the United States for temporary employment purposes.


This form covers various visa categories, including:

  • H-1B visa for specialty occupations

  • L-1 visa for intracompany transferees

  • O-1 visa for individuals with extraordinary ability or achievement

  • TN visa for certain professionals under the North American Free Trade Agreement (NAFTA)

  • E1 visa for treaty traders and E2 visa for investors

Two men sitting at desk with American flags
Two men sitting at desk with American flags
Two men sitting at desk with American flags

What is Form I-129 used for?

What is Form I-129 used for?

Employers complete Form I-129 to provide details about themselves, the intended employment, and the foreign worker. 


Once approved by the United States Citizenship and Immigration Services (USCIS), this form allows the foreign worker to apply for a visa at a U.S. consulate or embassy abroad. 


Alternatively, if the individual is already in the U.S. under a different status, they can adjust or extend their status to match the specific visa category requested.

Steps to completing Form I-129

Steps to completing Form I-129

  1. Download the form: Download Form I-129 from the official USCIS website, pick up a copy from a USCIS office, or download the I-129 Form PDF here.

  1. Download the form: Download Form I-129 from the official USCIS website, pick up a copy from a USCIS office, or download the I-129 Form PDF here.

You can download form i-129 below for free.

  1. Understand the instructions: Take your time to read through the instructions provided with the form. They'll guide you through each section. See below.


  1. Gather your information: Collect all the necessary details about the employer, the job being offered, and the foreign worker.


  2. Fill out the I-129 form: Complete each section of Form I-129 accurately. Provide information about the employer, the job position, and details about the foreign worker.


  3. Attach supporting documents: Include any required documents specified in the instructions, such as job offer letters or contracts.


  4. Pay the filing fee: Check the current filing fee for Form I-129 and submit it along with your completed form.


  5. Submit the form: Mail the completed form and fee to the address provided in the instructions.


  6. Wait for processing: USCIS will review your application. This process may take some time, so be patient!


  7. Receive a decision: Once USCIS has reviewed your application, you'll receive a decision. If approved, you'll get a notice of approval.


  8. Proceed with the visa application: If the petition is approved, the foreign worker can apply for a visa at a U.S. consulate or embassy abroad. If they're already in the U.S. under a different status, they can adjust or extend their status.

Remember to follow the instructions for the I-129 form carefully and provide accurate information to avoid delays or complications in the process. 

If you're unsure about anything, reach out to us at Manifest Law. Our immigration lawyers have extensive experience with filing Form I-129 and handling all major visa applications.

I-129 Form PDF

I-129 Form PDF

See an example of form i-129 below:

Form I-129
Form I-129
Form I-129

Completing Form I-129 involves providing various pieces of information about the employer, the proposed employment, and the foreign worker. Let’s quickly break down each part of the form:

Part 1: Petitioner Information: This section requires details about the employer or petitioner, including their legal name, mailing address, physical address (if different), and contact information.

Completing Form I-129 involves providing various pieces of information about the employer, the proposed employment, and the foreign worker. Let’s quickly break down each part of the form:

Part 1: Petitioner Information: This section requires details about the employer or petitioner, including their legal name, mailing address, physical address (if different), and contact information.

Completing Form I-129 involves providing various pieces of information about the employer, the proposed employment, and the foreign worker. Let’s quickly break down each part of the form:

Part 1: Petitioner Information: This section requires details about the employer or petitioner, including their legal name, mailing address, physical address (if different), and contact information.

Form I-129
Form I-129
Form I-129

Part 2: Basic Information About the Proposed Employment: Here, you'll provide information about the nature of the employment, including the job title, start date, number of employees requested, and the duration of the employment.

Part 2: Basic Information About the Proposed Employment: Here, you'll provide information about the nature of the employment, including the job title, start date, number of employees requested, and the duration of the employment.

Form I-129
Form I-129
Form I-129

Part 3: Beneficiary Information: This section is for providing details about the foreign worker who will be filling the position. You'll include their full name, date of birth, country of birth, gender, and other identifying information.

Part 3: Beneficiary Information: This section is for providing details about the foreign worker who will be filling the position. You'll include their full name, date of birth, country of birth, gender, and other identifying information.

Form I-129
Form I-129
Form I-129

Part 4: Additional Information About the Beneficiary: Here, you'll provide additional details about the foreign worker, such as their address, marital status, and information about any prior petitions filed for them.

Part 4: Additional Information About the Beneficiary: Here, you'll provide additional details about the foreign worker, such as their address, marital status, and information about any prior petitions filed for them.

Form I-129
Form I-129
Form I-129

Part 5: Beneficiary's Proposed Employment: In this section, you'll describe the job being offered to the foreign worker, including the job title, duties, qualifications, and salary.

Part 5: Beneficiary's Proposed Employment: In this section, you'll describe the job being offered to the foreign worker, including the job title, duties, qualifications, and salary.

Form I-129
Form I-129
Form I-129

Part 6: Additional Information About the Proposed Employment and Petitioner: This part allows you to provide any additional info relevant to the proposed employment or the petitioner.

Part 6: Additional Information About the Proposed Employment and Petitioner: This part allows you to provide any additional info relevant to the proposed employment or the petitioner.

Form I-129
Form I-129
Form I-129

Part 7: Declaration of Preparer: If someone else prepared the form on behalf of the petitioner, they must sign and date this section, confirming they have the petitioner's consent.

Part 7: Declaration of Preparer: If someone else prepared the form on behalf of the petitioner, they must sign and date this section, confirming they have the petitioner's consent.

Form I-129
Form I-129
Form I-129

Part 8: Certification by the Petitioner: The petitioner or an authorized representative will need to sign and date this section.

Part 8: Certification by the Petitioner: The petitioner or an authorized representative will need to sign and date this section.

Form I-129
Form I-129
Form I-129

Part 9: Additional information about the petition: You can use this section to provide any additional information within the petition.

Part 9: Additional information about the petition: You can use this section to provide any additional information within the petition.

Form I-129
Form I-129
Form I-129

The remaining pages of Form I-129 are visa specific. So, you only need to fill out the page relevant to the specific type of visa being applied for.

The remaining pages of Form I-129 are visa specific. So, you only need to fill out the page relevant to the specific type of visa being applied for.

What other documents should be included with Form I-129?

What other documents should be included with Form I-129?

Alongside Form I-129, specific documentation and evidence are required to be submitted when petitioning for certain nonimmigrant worker classifications.


The paperwork and evidence needed can differ based on the type of visa you're applying for. Take a look at the checklists below for the major US visa types to see what you'll need:

E1 Visa:

Proof that the E-1 trader will do significant trading between the U.S. and their home country. For E-1 employees, evidence is needed showing they'll mainly have managerial roles or special skills needed for the business.

Evidence that the applicant has been legally staying in the U.S.

Details about the E-1 trader's ownership and nationality.

Documents showing there's substantial trade happening.

If needed, submit Form I-907 to request faster processing.

Proof that you’ve written things about your work that got published

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E2 Visa:

Show that the E-2 investor will be running and growing a U.S. business they've invested in or are planning to invest in a significant amount of money.

For E-2 employees, evidence is needed that they'll mainly have managerial roles or possess special skills crucial for the business.

Provide proof of legal stay in the U.S.

Share information about the U.S. business's ownership and where it's located.

Provide evidence of the nationality of the E-2 investor or employee.

Show that a substantial amount of money has been invested in the business.

If needed, submit Form I-907 to ask for quicker processing.

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H1B Specialty Occupation Worker

Show that the person seeking a change or extension of their stay has maintained their legal status in the U.S.

Provide evidence that the job they're applying for qualifies as a specialized occupation.

Demonstrate that the person is qualified to perform the specialized job. If required, include a copy of any license or official permission needed for the person to work in the specific occupation in the intended state.

Include a copy of any written employment contract or a summary of the agreed terms if the arrangement is oral.

If applicable, submit a certified Labor Condition Application from the Department of Labor, signed by both the petitioner and attorney/representative.

If applicable, submit a certified Labor Condition Application from the Department of Labor, signed by both the petitioner and attorney / representative.

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L1 Intracompany Transferee

Show that the person has legally maintained their status in the U.S. (if needed).

Provide evidence of the relationship between the U.S. and foreign employers, including ownership and control details.

Describe the job responsibilities and qualifications for the proposed position.

Show that the job offered is either executive, managerial, or requires specialized knowledge.

If applicable, provide evidence that the person worked in an executive, managerial, or specialized role abroad for at least one year.

Describe the person's job duties and qualifications from their employment abroad.

If needed, submit Form I-907 to request faster processing.

For new office petitions with a managerial or executive role (L-1A):

Detail the proposed job duties and qualifications.

Show evidence of securing a suitable physical location for the business.

Provide evidence that the person worked in a managerial or executive role for at least one continuous year in the three-year period before filing the petition.

Show that the proposed job will involve managerial or executive responsibilities.

Provide evidence that the U.S. operation will be capable of supporting a managerial or executive position within one year.

For new office petitions with a specialized knowledge role (L-1B):

Describe the proposed job duties and qualifications.

Show evidence of securing an appropriate physical location for the business.

Provide evidence that the employer has the financial means to pay the person and start operations in the U.S.

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O1 Visa:

A written endorsement from a professional group or labor organization knowledgeable in the field. For individuals with extraordinary achievements in film or TV, separate endorsements are required from relevant industry organizations.

A copy of any written employment contract or a summary of the agreed-upon terms if the arrangement is verbal.

Details about the nature, dates, and itinerary of the events or activities the person will be involved in.

Evidence showcasing the person's extraordinary talent or achievements in their field of expertise.

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TN Visa:

Proof that you've maintained your legal status if you're applying for a change of status or extension of stay.

For Canadian citizens outside the U.S. or seeking a change of status to TN:

Evidence that you'll be conducting professional business activities.

Proof of your professional qualifications.

For Canadian or Mexican citizens requesting an extension of stay:

Evidence that your current employment will continue.

Proof that you still have the necessary professional qualifications, including any required licenses.

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Visit the USCIS website to find the checklist of Required Initial Evidence for Form I-129 for other visa types.

Where to file I-129

Where to file I-129

To file Form I-129, you'll need to send it to the United States Citizenship and Immigration Services (USCIS). The address you should use depends on the type of visa you're applying for and whether the beneficiary will be inside or outside the United States.

Woman filling out form
Woman filling out form
Woman filling out form

What is the I-129 filing address?

What is the I-129 filing address?

Below are the specific addresses for filing Form I-129 based on visa type:

For H-1B, H-2A, H-2B, H-3, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, and TN visas, as well as for CW-1:

  • For regular mail: USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012

  • For express mail and courier deliveries: USCIS California Service Center, ATTN: I-129, 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677


For E-1 and E-2 visas:

  • USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012


For E-3 visas:

  • For regular mail: USCIS Dallas Lockbox, P.O. Box 660061, Dallas, TX 75266

  • For express mail and courier deliveries: USCIS Dallas Lockbox, ATTN: I-129, 2501 S. State Hwy. 121, Business Suite 400, Lewisville, TX 75067


For L-1 visas:

  • For regular mail: USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012

  • For express mail and courier deliveries: USCIS California Service Center, ATTN: I-129, 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677


For certain individuals in lawful nonimmigrant status and would like to apply for employment authorization, H-1B1 (Chile/Singapore) Free Trade, or treaty-based nonimmigrant traders and investors:

  • USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012

When filing Form I-129, make sure to use the correct mailing address based on the specific visa type and the delivery method you choose. Always refer to the USCIS website for the most up-to-date information on filing addresses and instructions.

I-129 Filing Fees

I-129 Filing Fees

Below are the fees associated with Form I-129 as of April 1, 2024:


E, H-3, P, Q, R*, TN visas

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$1,015

$510

$510

*R Visas are generally only for nonprofits

H1-B visa

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$780

$460

$460

L1 visa

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$1,385

$695

$695

O1 visa

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$1,055

$530

$530

H2A visa (named beneficiaries)

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$1,090

$545

$545

H2A visa (unnamed beneficiaries)

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$530

$460

$460

H2B visa (named beneficiaries)

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$1,080

$540

$540

H2B visa (unnamed beneficiaries)

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

Fee

$580

$560

$560

Please note that these fees can change, so it's essential to verify the current fees on the USCIS website or consult with an immigration lawyer for the most accurate information.

💡 Manifest Tip: Some applicants may be eligible for fee exemptions, so it's worth checking eligibility requirements carefully!

I-129 Premium Processing

I-129 Premium Processing

With Premium Processing, USCIS guarantees to process your petition within 15 calendar days. This is useful if you need a quick decision on your petition, especially if you have upcoming employment or travel plans.


For Premium Processing, you need to submit Form I-907 along with your Form I-129 petition and pay the additional fee of $2,500.

Man sitting at desk with American flag
Man sitting at desk with American flag
Man sitting at desk with American flag

Form I-129 Processing Time

Form I-129 Processing Time

The processing time for Form I-129 can vary based on factors like your visa category, where your application is processed, and any existing backlog can influence the timeline.


For the most accurate information on how long your Form I-129 might take to process, you should visit the USCIS website and use their "Check Case Processing Times" tool. This tool lets you select your specific form and the processing center to get an estimate of the processing time.


Remember, these times can change, so it's a good idea to check back regularly for updates.

Can I stay in the U.S. while my I-129 is being processed?

Can I stay in the U.S. while my I-129 is being processed?

Whether you can stay in the U.S. while your I-129 form is being processed depends on your current immigration status and the type of visa you're applying for.


If you're already in the U.S. and you're applying to change or extend your nonimmigrant status (like switching from tourist to work visa), you might be able to stay here while your application is reviewed. Just make sure to maintain your current status until the change or extension is approved.


If you're outside the U.S. when your petition is approved, you'll need to visit a U.S. consulate or embassy in your home country to get your visa before returning.


For personalized advice, it’s recommended to speak with an immigration lawyer. Our team at Manifest Law can review your specific situation and help you understand any rules or restrictions that may apply to you.

Woman walking in airport with yellow suitcase
Woman walking in airport with yellow suitcase
Woman walking in airport with yellow suitcase

Can I travel while Form I-129 is pending?

Can I travel while Form I-129 is pending?

Traveling outside the U.S. while your Form I-129 petition is pending really depends on your situation.


If you have a valid visa, you can usually travel and return using that visa while your petition is pending. But, be prepared for possible questions when you come back.


If you're applying to extend your H-1B or L-1 visa, you can typically travel and re-enter with your existing visa and a receipt notice from USCIS showing your pending Form I-129.


However, if you're changing to a different visa status and your application is still pending, leaving the U.S. could complicate things. It might be seen as giving up on your application.

Before traveling, it's a good idea to check with the International Faculty & Scholars Services (IFSS) to understand any potential impacts on your petition. And remember, for specific advice tailored to your situation, it's always best to consult with an immigration lawyer.

What happens after Form I-129 is approved?

What happens after Form I-129 is approved?

After Form I-129 is approved, the specific next steps depend on the type of nonimmigrant visa you applied for and your current circumstances.


Generally speaking, below are the steps you’ll need to take once the I-129 form is approved:


  1. Approval Notice: You'll first receive a notice confirming your approval from USCIS. This notice contains details like the duration of your stay and any conditions on your visa.


  2. Change of Status: If you applied for a change of status within the U.S., you can stay and start your new status once it's approved.


  3. Visa Application: If you're outside the U.S., you'll need to apply for a visa at a U.S. consulate or embassy in your home country using your approval notice.


  4. Employment Authorization: Depending on your visa, you might get an Employment Authorization Document (EAD) allowing you to work legally in the U.S.

Denied form in envelope
Denied form in envelope
Denied form in envelope

What happens if Form I-129 is denied?

What happens if Form I-129 is denied?

If your Form I-129 is denied by USCIS, it means your application has been turned down, and you won't get the benefits you applied for, like a change of status or an extension of your visa.


USCIS will send you a formal notice explaining why your application was denied. This notice will tell you if you can appeal the decision and how long you have to do it.


If your Form I-129 is denied, don't worry—there are steps you can take:


Appeal the Decision

If you think there's been a mistake, you can appeal the decision within the time frame given in your denial notice. This involves providing more evidence or arguments to support your case.


Reapply

Sometimes, the denial is due to missing documents or other fixable issues. You can try reapplying, making sure to address any concerns USCIS had the first time around.


Explore other visa options

If appealing or reapplying isn't an option, you could look into different visa categories or other immigration options that suit your situation.


Remember, a denial doesn't mean the end of your journey. There's always a way forward, and we're here to help you navigate it.

Reach out to us at Manifest Law for a free consultation. We'll listen to your story, explore your options, and work together to find the best path forward for you.

How do I check my I-129 status?

How do I check my I-129 status?

To check the you I-129 status, you can follow these steps:

1

Step 1: Visit the USCIS website

Step 1: Visit the USCIS website

Searching USCIS
Searching USCIS
Searching USCIS

2

Step 2: Navigate to the Case Status Page: On the USCIS homepage, look for the "Check Case Status" option. This is typically found under the "Tools" section or in the main menu.

Step 2: Navigate to the Case Status Page: On the USCIS homepage, look for the "Check Case Status" option. This is typically found under the "Tools" section or in the main menu.

Form I-129
Form I-129
Form I-129

3

Step 3: Enter Your Receipt Number: You will need your receipt number to check your case status. This receipt number is usually provided on the receipt notice you received from USCIS after filing your Form I-129 petition.


Enter the receipt number into the appropriate field on the USCIS website.

Step 3: Enter Your Receipt Number: You will need your receipt number to check your case status. This receipt number is usually provided on the receipt notice you received from USCIS after filing your Form I-129 petition.


Enter the receipt number into the appropriate field on the USCIS website.

Form I-129
Form I-129
Form I-129

4

Step 4: Submit Your Information: After entering your receipt number, click on the "Check Status" or "Check Case Status" button to submit your information.

Step 4: Submit Your Information: After entering your receipt number, click on the "Check Status" or "Check Case Status" button to submit your information.

5

Step 5: Review Your Case Status: Once you submit your information, you will be directed to a page that provides the current status of your Form I-129 petition.

Step 5: Review Your Case Status: Once you submit your information, you will be directed to a page that provides the current status of your Form I-129 petition.

This status may include information such as whether your petition is pending, approved, or denied, as well as any additional steps or actions required.

Should I hire a lawyer for filing Form I-129?

Should I hire a lawyer for filing Form I-129?

When you're dealing with Form I-129, there's a lot more to it than just filling out the form. Immigration lawyers can help gather and organize all the documents and evidence needed to support your application, making sure nothing gets missed and everything is presented correctly to USCIS.


Even small mistakes on your Form I-129 can cause big delays or even lead to your visa being denied. But with a lawyer by your side, they'll review your application carefully to catch any errors and make sure everything is in order, reducing the chances of delays.


Let's face it—dealing with immigration stuff can be really overwhelming. But hiring an immigration lawyer means you've got someone who knows the ins and outs of the process, guiding you every step of the way and giving you peace of mind that everything is being handled right.

How Manifest Law can help

How Manifest Law can help

If you need help filing Form I-129 and completing your visa application, reach out to us at Manifest Law. Our team of immigration lawyers have extensive experience with all visa types. We provide flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply).


Book your free consultation today and explore your options.

Take the First Step:

Schedule your free consultation!

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Review of visa options available for you

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General information about timelines, fees, requirements for various visa options

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Information on Manifest fees, terms and process

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Full clarity and transparency every step along the way

Picture of Avi Goldenberg, principal attorney at Manifest Law

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

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Review of visa options available for you

Check mark in a circle icon

General information about timelines, fees, requirements for various visa options

Check mark in a circle icon

Information on Manifest fees, terms and process

Check mark in a circle icon

Full clarity and transparency every step along the way

Picture of Avi Goldenberg, principal attorney at Manifest Law

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Check mark in a circle icon

Review of visa options available for you

Check mark in a circle icon

General information about timelines, fees, requirements for various visa options

Check mark in a circle icon

Information on Manifest fees, terms and process

Check mark in a circle icon

Full clarity and transparency every step along the way

Picture of Avi Goldenberg, principal attorney at Manifest Law

Avi Goldenberg

Principal attorney at Manifest Law

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Attorney Advertising. This website is intended for general informational purposes only. It does not constitute legal advice and is no substitute for consulting a licensed attorney. Only an attorney can provide you with legal advice, and only after considering your specific facts and circumstances. You should not act on any information on this website without first seeking the advice of an attorney. Manifest Law is an association of lawyers and legal entities that have agreed to do business under a common name. The use of the name “Manifest Law” does not imply that all lawyers or legal entities within the Manifest Law family are part of a single partnership or that they are responsible for the acts or omissions of each other. Any specific attorney-client engagement, the scope of any such attorney-client relationship, and the legal responsibility for any such engagement will be set forth in the
retainer agreement entered into between the client and the relevant Manifest Law attorney(s).

2024 Manifest Copyright. All Rights Reserved.

Attorney Advertising. This website is intended for general informational purposes only. It does not constitute legal advice and is no substitute for consulting a licensed attorney. Only an attorney can provide you with legal advice, and only after considering your specific facts and circumstances. You should not act on any information on this website without first seeking the advice of an attorney. Manifest Law is an association of lawyers and legal entities that have agreed to do business under a common name. The use of the name “Manifest Law” does not imply that all lawyers or legal entities within the Manifest Law family are part of a single partnership or that they are responsible for the acts or omissions of each other. Any specific attorney-client engagement, the scope of any such attorney-client relationship, and the legal responsibility for any such engagement will be set forth in the
retainer agreement entered into between the client and the relevant Manifest Law attorney(s).

2024 Manifest Copyright. All Rights Reserved.