Form I-129: Employer and Foreign Workers Guide

Form I-129, known as the “Petition for a Nonimmigrant Worker,” is a U.S. immigration document. U.S. employers use this form to bring foreign workers to the United States for temporary employment. This form is a cornerstone for employers seeking to sponsor foreign workers for various nonimmigrant work visas. If USCIS approves the petition, the worker can then apply for the necessary visa at a U.S. embassy or consulate in their home country.

This guide provides information about Form I-129. It covers the types of visas that require this form, its cost, processing times, and necessary supporting documents. This information will help you understand the process.

What Is Form I-129 Used For?

U.S. employers use Form I-129 to petition for foreign workers they want to hire for temporary jobs in the U.S. This form covers a range of nonimmigrant visas. These include visas for skilled workers, seasonal laborers, and individuals with extraordinary abilities. The employer must file this petition on behalf of the foreign worker. After U.S. Citizenship and Immigration Services (USCIS) approves the petition, the worker can apply for the corresponding nonimmigrant visa.

A significant update to note is that applicants filing Form I-129 on or after April 1, 2024, must use the specific 04/01/24 version of the form. USCIS announced no grace period for older versions. Using an outdated form will lead to rejection. Additionally, USCIS increased many filing fees starting April 1, 2024. Always check the USCIS website for the most current form version and fee schedule before filing. This helps avoid rejections and delays. Do you always check for the latest form versions before submitting documents? This practice can save you significant time.

Which Visa Categories Require Form I-129?

Form I-129 is required for several nonimmigrant work visa categories. Each category is designed for different types of temporary employment in the U.S.

• H-1B Visa: This is for foreign workers in “specialty occupations.” These jobs require specialized knowledge and a bachelor’s degree or higher in a specific field. Examples include roles in technology, engineering, medicine, and research.
• L-1 Visa: This visa is for “intracompany transferees.” It allows multinational companies to transfer certain employees from their foreign offices to U.S. offices. The employees must be in managerial, executive, or specialized knowledge roles.
• O Visa: This category is for individuals with “extraordinary ability” or achievement. This includes persons in the sciences, arts, education, business, or athletics. It also covers those with extraordinary achievement in the motion picture or television industry.
• P Visa: This visa is for athletes, entertainers, artists, and their essential support staff. They come to the U.S. temporarily for specific events, competitions, or performances.
• R Visa: This visa is for religious workers. It allows them to work for a non-profit religious organization in the U.S.
• E-1 Visa: This visa is for “treaty traders.” It is for citizens of countries with which the U.S. maintains a treaty of commerce and navigation. They must engage in substantial trade, primarily between the U.S. and their treaty country.
• E-2 Visa: This visa is for “treaty investors.” Like the E-1, it is for citizens of treaty countries. They must make a substantial investment in a bona fide U.S. enterprise and develop and direct the investment.
• E-3 Visa: This visa is specifically for Australian citizens coming to work in a specialty occupation in the U.S. It functions similarly to the H-1B but is exclusively for Australians and is not subject to the annual H-1B cap.
• TN Visa: The TN (Trade NAFTA) visa is for Canadian and Mexican professionals. It falls under the U.S.-Mexico-Canada Agreement (USMCA), formerly NAFTA. It allows professionals in specific occupations to work in the U.S.
• H-2A Visa: This visa is for temporary agricultural workers. It addresses a shortage of U.S. workers for seasonal or temporary agricultural jobs.
• H-2B Visa: This visa is for temporary non-agricultural workers. It covers seasonal or temporary non-agricultural jobs when U.S. workers are unavailable.

Each of these visa types has specific eligibility criteria and requirements. Employers must carefully review the requirements for the specific visa category they wish to use. Have you identified the correct visa category for your foreign worker? Choosing the right category is the first step.

Form I-129 Processing Time

The processing time for Form I-129 can vary significantly. It depends on several factors. These include the specific visa category, the USCIS service center handling the petition, and the current caseload at that center.

USCIS processes Form I-129 petitions at its various service centers. For example, some H-1B petitions might be processed at the California Service Center, while others go to the Vermont Service Center. The workload at each center can affect how long your petition takes.

You can check the current processing times for your specific petition and visa category directly on the USCIS website. USCIS updates these times regularly, so checking frequently for the most accurate information is important. They often provide processing times as a range, such as “2 to 6 months” for a particular visa at a specific service center. These times are estimates and can change without prior notice.

Tip for Faster Processing: Premium Processing

If you need a quicker decision on your Form I-129 petition, you can opt for “premium processing.” This service comes with an additional fee. As of early 2025, the fee for premium processing for Form I-129 is $2,805.

Choosing premium processing guarantees that USCIS will take action on your Form I-129 within a specific timeframe. For most I-129 petitions, this timeframe is 15 calendar days from the date USCIS receives the premium processing request. “Action” means USCIS will either approve the petition, deny it, issue a Request for Evidence (RFE), or open an investigation for fraud or misrepresentation. If USCIS does not act within the guaranteed period, they will refund the premium processing fee. Your petition will continue to be processed on an expedited basis.

Premium processing can be especially useful for time-sensitive situations, such as when a foreign worker needs to start work quickly or when a grace period is expiring. Is speed critical for your petition? Premium processing offers a faster path.

What Is the Cost to File Form I-129?

The cost to file Form I-129 varies. It depends on the specific visa category and the size of the petitioning employer. USCIS updated its fees on April 1, 2024. These fees are subject to change, so always verify the latest amounts on the USCIS website.

Here are the filing fees for some common I-129 visa types as of early 2025:

• H-1B Visa: The base filing fee is $780. Small employers (25 or fewer full-time equivalent employees) and non-profit organizations pay a reduced fee of $460.
  • Additional H-1B Fees: There are other fees for H-1B petitions, often paid by the employer. These can include:
    • ACWIA Fee (American Competitiveness and Workforce Improvement Act of 1998): $750 for employers with 25 or fewer full-time equivalent employees; $1,500 for employers with 26 or more full-time equivalent employees. Certain educational and non-profit research organizations are exempt.
    • Fraud Prevention and Detection Fee: $500.
    • Asylum Program Fee: $600 for large employers; $300 for small employers; non-profits are exempt.
    • Public Law 114-113 Fee (for companies with 50+ employees, where 50% or more are on H-1B or L-1 visas): $4,500.
• L-1 Visa: The base filing fee is $1,385. Small employers and non-profits pay $695.
  • Additional L-1 Fees: These can include the $500 Fraud Prevention and Detection Fee and the $4,500 Public Law 114-113 fee if applicable.
• O-1 Visa: The base filing fee is $1,055. Small employers and non-profits pay $530. There is also an Asylum Program Fee of $600 for large employers and $300 for small employers; non-profits are exempt.
• H-2A (Named Beneficiaries): The fee is $1,090 for regular employers and $545 for small employers and non-profits. There is also an Asylum Program Fee ($600/$300/exempt).
• H-2B (Named Beneficiaries): The fee is $1,080 for regular employers and $540 for small employers and non-profits. There is also an Asylum Program Fee ($600/$300/exempt).
• E-1, E-2, E-3, TN Visas: The base filing fee is $780 for regular employers. Small employers and non-profits typically pay $460 or $510 depending on the specific category. There is also an Asylum Program Fee ($600/$300/exempt).

The employer is generally responsible for paying the filing fees for Form I-129. This is particularly true for H-1B and L-1 visas, where regulations often prohibit the employer from passing these specific costs to the employee. However, other associated costs, like premium processing, might be negotiated between the employer and employee. Do you understand all the fees that apply to your specific visa type? Being aware of the full cost helps in budgeting.

Supporting Documents for Form I-129

The documents you need to submit with Form I-129 vary significantly depending on the specific nonimmigrant visa petition you are filing. However, some common types of supporting documents are usually required. Always refer to the USCIS instructions for the specific I-129 supplement related to your visa type.

Here are common documents you will generally need:

• Job Offer Letter: This letter from the U.S. employer outlines the details of the job. It includes the job title, a description of duties, the proposed salary, and the intended period of employment.
• Labor Condition Application (LCA): This document is required for H-1B and E-3 visa categories. The employer must file it with the U.S. Department of Labor (DOL). The DOL certifies that the employer meets specific wage and working condition standards for U.S. workers. This ensures that hiring foreign workers will not negatively affect the wages and working conditions of U.S. workers in similar roles. You must have a certified LCA before filing the I-129 for H-1B or E-3.
• Resume/Curriculum Vitae (CV): A detailed resume or CV of the foreign worker is usually required. This document outlines the worker’s educational background, professional experience, and skills.
• Educational Credentials: Copies of diplomas, degrees, academic transcripts, and professional licenses are often needed. These documents prove the foreign worker’s qualifications for the role. This is particularly important for specialty occupations like those in the H-1B and E-3 visa categories, where a specific degree is often a requirement. If degrees are from foreign institutions, you may need an educational equivalency evaluation.
• Employment Verification Letters: For L-1 visa applicants, these letters are crucial. They verify the foreign worker’s previous employment at the company’s foreign offices. They typically confirm the duration of employment, job title, and duties performed abroad, showing qualifying experience.
• Proof of Extraordinary Ability: For O and P visa applicants, you must provide extensive documentation of the foreign worker’s extraordinary achievements. This can include:
  • Evidence of receipt of major, internationally recognized awards (e.g., Nobel Prize, Oscar).
  • Documentation of leading roles or critical functions in organizations with distinguished reputations.
  • Published material about the worker in professional or major trade publications.
  • Evidence of high salary or other substantial remuneration for services.
  • Evidence of commercial successes in the performing arts.
  • Testimonials from experts in the field.
• Company Documents: The petitioning employer may also need to submit documents related to their business. This can include business licenses, tax returns, financial statements, and organizational charts to prove the company’s legitimacy and ability to pay the foreign worker.

Given the variety of documents, always check the specific list of required evidence on the USCIS website for your particular visa category. This step is critical to ensure a complete and accurate application, which helps avoid delays or Requests for Evidence (RFEs). Do you have all these documents ready? Organizing them early simplifies the filing process.

Frequently Asked Questions About Form I-129

Navigating immigration processes often brings up many questions. Here are answers to some common 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 the same employer for up to 240 days. This applies if their employer filed for an extension of their current nonimmigrant status (via Form I-129) before the current I-94 expiration date. This rule provides flexibility. It allows the worker to continue employment while waiting for USCIS to process the I-129 extension petition. This rule applies to categories like H-1B, L-1, O-1, E-1, E-2, E-3, H-2A, H-2B, and TN. The work authorization under this rule ends if the I-129 extension is denied, or after 240 days, whichever comes first.

Can I Stay in the U.S. While My Form I-129 is Pending?

Yes, if you have filed for an extension of your current nonimmigrant status or a change of status to a new nonimmigrant category before your current authorized stay expires (as shown on your Form I-94), you are generally eligible to remain in the U.S. while your I-129 petition is being processed. This is sometimes called “bridging” or “cap-gap” status, especially for H-1B workers whose previous status would expire before October 1st. Staying in the U.S. past your I-94 expiration date without a pending petition means you accrue “unlawful presence.”

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 and often risky.

• Extension of Status: If you filed for an extension of your current nonimmigrant status (e.g., extending your H-1B with the same employer), leaving the U.S. generally means you abandon your I-129 extension petition. To re-enter, you would need a valid, unexpired visa stamp in your passport for your current category. You would then wait for the I-129 approval notice after re-entry.
• Change of Status: If you filed for a change of status (e.g., from B-2 visitor to H-1B worker), leaving the U.S. automatically abandons your I-129 change of status petition. You cannot use the pending petition to re-enter. You would need to apply for the new visa at a U.S. embassy or consulate abroad and obtain a visa stamp before re-entering the U.S.

Always consult an immigration lawyer before traveling if you have a pending I-129 petition. This avoids accidentally abandoning your petition or facing re-entry issues. Have you considered your travel plans while your petition is pending? Planning ahead is crucial.

Is Form I-129 Required for H-1B Stamping?

Yes, your approved Form I-129 petition is a prerequisite for H-1B visa stamping. After USCIS approves your Form I-129 for an H-1B visa, the beneficiary (the foreign worker) will typically need to attend a visa interview at a U.S. embassy or consulate in their home country. You must bring your Form I-129 approval notice (Form I-797, Notice of Action) and other required documents to the interview. The approval notice serves as proof that USCIS has approved your petition for the H-1B classification.

What Is the Difference Between Form I-129 and Form I-130?

These two forms serve entirely different purposes in U.S. immigration.

• Form I-129 (Petition for a Nonimmigrant Worker): This form is used for employment-based petitions. A U.S. employer files it to request a nonimmigrant work visa for a foreign worker they intend to hire temporarily.
• Form I-130 (Petition for Alien Relative): This form is used for family-based immigration petitions. A U.S. citizen or lawful permanent resident files it to establish a qualifying family relationship with an eligible foreign relative who wishes to immigrate to the U.S. (e.g., spouse, parent, child, sibling).

Form I-129 is for workers sponsored by a U.S. employer. Form I-130 is for family members sponsored by U.S. citizens or permanent residents. Understanding this distinction is fundamental to navigating the correct immigration path. Do you know which type of petition applies to your situation? Clarifying this helps you select the right form.