Form I-129
Petition for a Nonimmigrant Worker
Filed by U.S. employers to petition for a foreign worker to come to or remain in the U.S. temporarily in a nonimmigrant worker classification.
Filing Fee
$460
Processing Time
2 to 6 months (premium processing available for 15 business days at additional cost)
Who Files
U.S. employers or authorized agents petitioning on behalf of a foreign worker.
What is Form I-129?
Form I-129 is the primary petition used by U.S. employers to hire foreign workers in nonimmigrant visa categories including H-1B, H-2A, H-2B, L-1, O-1, P-1, R-1, and TN. Each classification has a specific supplement that must be filed with the base form. The employer acts as the petitioner and must demonstrate the need for the foreign worker and compliance with applicable requirements.
Key Points
Frequently Asked Questions
QWho can file Form I-129?
Only U.S. employers or authorized agents can file Form I-129. The foreign worker cannot self-petition using this form. The employer must have a valid employer identification number (EIN) and demonstrate the ability to pay the offered wage.
QWhat is premium processing for I-129?
Premium processing is an optional service that guarantees USCIS will take action on the petition within 15 business days. The additional fee is $2,805. If USCIS does not meet the deadline, the fee is refunded. Premium processing is available for most I-129 classifications.
QCan I-129 be used to extend a worker's stay?
Yes, Form I-129 is used not only for initial petitions but also for extensions of stay, changes of employer, changes of status, and amendments to previously approved petitions. The employer must file before the worker's current authorized stay expires.
Practical Tips
Related Forms
Arrival/Departure Record
Documents a traveler's arrival and authorized stay period in the United States.
Online Nonimmigrant Visa Application
Required online application for all nonimmigrant visa applicants at U.S. Embassies and Consulates.
Application for Employment Authorization
Filed to request an Employment Authorization Document (EAD) for work permission in the U.S.
Application to Extend/Change Nonimmigrant Status
Filed by nonimmigrants already in the U.S. to extend their current status or change to a different nonimmigrant classification.
Related Visa Types
H-1B Specialty Occupation Visa
Work visa for professionals in specialty occupations requiring a bachelor's degree or higher.
L-1 Intracompany Transferee Visa
Visa for employees transferring from a foreign office to a U.S. office of the same company.
O-1 Extraordinary Ability Visa
Visa for individuals with extraordinary ability or achievement in their field.
H-2A Temporary Agricultural Worker Visa
Temporary visa for foreign workers performing seasonal or temporary agricultural labor in the United States.
H-2B Temporary Non-Agricultural Worker Visa
Temporary visa for foreign workers filling non-agricultural positions that are seasonal, peak-load, intermittent, or one-time in nature.
R-1 Religious Worker Visa
Nonimmigrant visa for foreign nationals coming to the United States to work in a religious vocation or occupation for a qualifying religious organization.
TN NAFTA Professional Visa
Visa for Canadian and Mexican citizens in qualifying professional occupations under USMCA.
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