Form I-129, also known as the “Petition for a Nonimmigrant Worker,” is a U.S. immigration form used by U.S. employers who want to bring foreign workers to the United States for temporary employment. This form is essential for employers looking to sponsor foreign workers for a variety of nonimmigrant work visas. If approved, the worker can then apply for the appropriate visa at a U.S. embassy or consulate in their home country.
In this detailed guide, we will walk you through everything you need to know about Form I-129, including the types of visas that require this form, how much it costs, the processing time, and what supporting documents you’ll need. We’ll also cover some frequently asked questions to ensure you have all the information necessary to navigate the process successfully.
What Is Form I-129 Used For?
Form I-129 is used by U.S. employers to petition for foreign workers they wish to hire for temporary jobs in the U.S. This form covers many types of nonimmigrant visas, such as those for skilled workers, seasonal laborers, and workers with extraordinary abilities in their field. The petition must be filed by the employer on behalf of the foreign worker. Once USCIS (U.S. Citizenship and Immigration Services) approves the petition, the worker can apply for the corresponding nonimmigrant visa.
It’s important to note that applicants filing Form I-129 on or after April 1, 2024 must use the new 04/01/24 version of the form. There is no grace period to continue using older versions of the form, so be sure to use the updated version to avoid rejection. Also, USCIS has increased fees as of April 1, 2024.
Which Visa Categories Require Form I-129?
Several visa categories require Form I-129 for nonimmigrant workers. These visas are meant for different types of employment and include:
- H-1B Visa: For foreign workers in specialty occupations that require specialized knowledge, such as those in the tech or healthcare industries.
- L-1 Visa: For intracompany transferees, allowing multinational companies to transfer employees from foreign offices to U.S. offices.
- O Visa: For individuals with extraordinary abilities in fields like science, arts, education, business, or athletics.
- P Visa: For athletes, entertainers, artists, and their support staff coming to the U.S. temporarily for specific events or performances.
- R Visa: For religious workers seeking employment with U.S. religious organizations.
- E-1 Visa: For treaty traders engaged in substantial trade between their home country and the U.S.
- E-2 Visa: For treaty investors who invest significant capital in U.S. businesses.
- E-3 Visa: For Australian citizens coming to work in a specialty occupation in the U.S.
- TN Visa: For Canadian and Mexican professionals under the U.S.-Mexico-Canada Agreement (USMCA), formerly known as NAFTA.
- H-2A Visa: For temporary agricultural workers.
- H-2B Visa: For temporary non-agricultural workers in seasonal industries.
Form I-129 Processing Time
The processing time for Form I-129 can vary depending on the type of visa you’re applying for and the service center handling your petition. USCIS typically processes Form I-129 petitions at one of their service centers, and the time it takes to process will depend on the specific visa category and the service center location.
You can always check the current processing times for your specific petition and visa category on the USCIS website. Keep in mind that USCIS processing times can change, so it’s important to check frequently for updates.
Law and Visas Tip: If you need faster processing, you can opt for premium processing for an additional fee of $2805. Premium processing guarantees that USCIS will process your Form I-129 within 15-45 calendar days.
What Is the Cost to File Form I-129?
The cost to file Form I-129 varies depending on the specific visa category. Here are the fees for some of the most common visa types:
- H-1B: $780 (or $460 for small employers and nonprofits)
- H-2A (Named Beneficiaries): $1090 (or $545 for small employers and nonprofits)
- L-1: $1385 (or $695 for small employers and nonprofits)
- O-1: $1055 (or $530 for small employers and nonprofits)
- H-2B (Named Beneficiaries): $1080 (or $540 for small employers and nonprofits)
The employer is generally responsible for paying the filing fees, although in some cases, the employee may cover the costs. Additional fees apply if the employer chooses premium processing.
Supporting Documents for Form I-129
The documents required for Form I-129 can vary based on the type of visa petition you are filing. However, here are some common documents that you will generally need to submit:
- Job Offer Letter: A letter from the U.S. employer outlining the job offer, including job title, duties, salary, and intended period of employment.
- Labor Condition Application (LCA): Required for H-1B and E-3 visa categories, the LCA is a certified document from the U.S. Department of Labor that ensures the employer is meeting the wage and labor standards.
- Resume/CV: A detailed resume or curriculum vitae of the foreign worker, outlining educational and professional experience.
- Educational Credentials: Copies of diplomas, degrees, or transcripts that demonstrate the foreign worker’s qualifications for the role, especially for specialty occupations like those in the H-1B and E-3 visa categories.
- Employment Verification Letters: Required for L-1 visa applicants, these letters verify the foreign worker’s previous employment at the company’s foreign offices.
- Proof of Extraordinary Ability: For O and P visa applicants, you may need to provide documentation of your extraordinary achievements, such as awards, media coverage, or publications.
Since required documents vary by visa type, always check the specific list of required evidence on the USCIS website when preparing your application.
Frequently Asked Questions About Form I-129
What is the 240-Day Rule for Form I-129?
The 240-Day Rule allows certain foreign workers to continue working for up to 240 days after their current visa expires, as long as they’ve filed for an extension or change of status before their visa expires. This rule provides some flexibility for workers waiting for their I-129 petition to be processed.
Can I Stay in the U.S. While My Form I-129 is Pending?
If you have filed for an extension or change of status before your current visa expires, you may be eligible to stay in the U.S. while your I-129 petition is being processed. This is often referred to as “bridging” or “cap-gap” status.
Can I Travel Outside the U.S. While My Form I-129 is Pending?
Traveling outside the U.S. while your Form I-129 is pending can be complicated. If you are applying for an extension or change of status, you may be able to re-enter using your current visa. However, if you are applying for a change of status, leaving the U.S. may cause your petition to be abandoned.
Is Form I-129 Required for H-1B Stamping?
Yes, after your Form I-129 is approved for an H-1B visa, you will need to attend a visa interview at a U.S. embassy or consulate. You may need to bring your Form I-129 approval notice and other documents to the interview.
What Is the Difference Between Form I-129 and Form I-130?
Form I-129 is used for employment-based petitions, whereas Form I-130 (Petition for Alien Relative) is for family-based immigration petitions. Form I-129 is for workers sponsored by a U.S. employer, while Form I-130 is for family members of U.S. citizens or permanent residents.
Navigating the immigration process can be complex, but understanding Form I-129 and the associated requirements can help simplify it. If you need additional guidance or assistance with filing, Law and Visas offers expert support to help you through every step of the process.
