Form I-129, Petition for a Nonimmigrant Worker

Last updated: November 9, 2025.

By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney

What is Form I-129?

• Form I-129, “Petition for a Nonimmigrant Worker,” is a form used by U.S. employers to sponsor foreign workers for temporary visas
• Form I-129 is a nonimmigrant visa petition
• Nonimmigrant visa means that the foreign worker will stay in the U.S. temporarily
• Form I-129 can be used to apply for the following work visas:
  • H-1B – a bachelor’s degree or higher in the specific specialty is required
  • H-1B1 – nationals of Chile and Singapore
  • H-2A – agricultural work on a temporary or seasonal basis
  • H-2B – temporary non-agricultural jobs
  • L – transfers from foreign office to U.S. office
  • E-1 – treaty trader visa
  • E-2 – treaty investors
  • E-2C – valid only for travel to the CNMI (Commonwealth of the Northern Mariana Islands)
  • E-3 – specialty occupation workers from Australia
  • TN – citizens of Canada and Mexico
  • H-3 – trainee or special education exchange visitor
  • O – for extraordinary foreign workers
  • P – athletes, entertainers, and exchange or culturally unique programs
  • Q – cultural exchange
  • R – religious workers

Form I-129 is submitted to USCIS by U.S. employers with the goal of obtaining employment visas for their foreign employees.

If the foreign employee is located outside the U.S., filing Form I-129 is the first step of obtaining an employment visa.

The second step will be filing Form DS-160 to apply for a nonimmigrant visa at a U.S. Embassy or Consulate.

If the foreign employee is already in the U.S., Form I-129 can be also used to extend or change the employee’s nonimmigrant status.

It’s important to note that each visa category has its own set of eligibility criteria and requirements, so the information and documentation needed for the I-129 form will vary depending on the specific visa category being applied for.

Is Form I-129 the same as an H-1B visa?

Form I-129 and the H-1B visa are related but distinct concepts:

Form I-129: This is a form used by US employers to sponsor their foreign employees for different types of employment visas. It can also be used to obtain an H-1B visa. Form I-129 is filed with USCIS.

H-1B Visa: The H-1B visa is a specific nonimmigrant visa category that allows U.S. employers to temporarily employ foreign workers in “specialty occupations.”

These occupations generally require a bachelor’s degree or higher.

The H-1B visa is commonly used in fields such as technology, engineering, science, and other specialized areas.

To obtain an H-1B visa, the employer must file a Form I-129 petition specifically for the H-1B category and demonstrate that the job position and the foreign worker meet the criteria for H-1B classification.

Does Form I-129 lead to a green card?

Form I-129 itself does not directly lead to a green card (permanent resident status) in the U.S.

To obtain permanent residency through employment, Form I-140 must be filed with USCIS (also known as EB-2 green card).

In most cases, only a U.S. employer can file Form I-140 to sponsor a foreign employee for permanent residency.

However, there two categories where self-petitioning for permanent residency is allowed:

• EB-1A – Extraordinary Ability
• EB-2 National Interest Waiver (NIW)

Self-petitioning means that you do not need a U.S. job offer to apply for EB-1A or EB-2 NIW.

All other categories require a U.S. job offer.

If a temporary employment visa holder and their U.S. employer decide to apply for permanent residency (green card) in the U.S., they would need to go through a separate process, such as the employment-based green card process:

• EB-1B – Outstanding professors and researchers
• EB-1C – Certain Multinational manager or executive
• EB-2 – Advanced Degree or Exceptional Ability
• EB-3 – Skilled workers, Professionals or Other workers

This process involves filing a new set of forms and meeting specific criteria, including:

Step 1. Labor certification

Step 2. Filing an immigrant petition (Form I-140), and

Step 3. Adjustment of status or Consular processing 

How to file Form I-129

Form I-129 filing process and requirements may vary depending on the visa category.

Here’s a general overview of how to file Form I-129:

Step 1. Choose the Correct Visa Category: Determine the appropriate nonimmigrant visa category for the foreign worker you intend to petition for. Common categories include H-1B, L-1, O-1, and more.

Step 2. Determine eligibility: Each visa category has its own requirements, make sure that both the US employer and foreign employee meet the eligibility criteria

Step 3. Gather Required Documentation: Each Form I-129 must be accompanied by supporting documents. Examples of required documents:

• Job offer letter or employment contract
• Detailed job description and job duties
• Proof of the foreign worker’s qualifications, education, and experience
• Any required licenses or certifications
• Supporting documents specific to the chosen visa category (e.g., advisory opinions, itinerary, etc.)
• Employer’s financial information to demonstrate ability to pay the offered wage (tax returns, financial statements, etc.)
• Any other relevant documents as required by the specific visa category

Step 4. Complete Form I-129: Download and fill out Form I-129 from the official USCIS website. Ensure that you use the most recent edition. 

Step 5. Prepare Filing Fee: Check the USCIS website for the current filing fee for Form I-129 in your chosen visa category. Include the appropriate payment method (check or money order) with your application. USCIS requires petitioners to submit separate payment method for each filing fee.

Step 6. Submit Form I-129: Mail the completed Form I-129, along with all required supporting documents and the filing fee, to the direct I-129 filing address. Make a copy of the entire package for your records. You can fill out Form G-1145 to receive the Form I-129 receipt notice by text or email.

Step 7. Receive Notice of Action (Form I-797): 2 weeks after USCIS receives your petition,  you will receive a Notice of Action (Form I-797) by mail. This notice will include a receipt number that you can use to track the status of your I-129 petition online.

Step 8. Respond to Requests for Additional Information: USCIS may request additional information or documentation (Request for Evidence, or RFE).  USCIS must receive the response to RFE before the deadline indicated in the notice.

Step 9. Wait for USCIS Decision: USCIS will review your petition and make a decision. If approved, you will receive an approval notice. If denied, the notice will explain the reasons for the denial and whether an appeal is available.

Step 10. Visa Application or Change of Status/Extension of Status: If the petition is approved and the foreign worker is outside the U.S., they can then apply for an nonimmigrant visa at a U.S. consulate or embassy. If the foreign worker is already in the U.S., Form I-129 can be used to extend or change the worker’s nonimmigrant status.

Form I-129 filing fee

Form I-129 filing fees vary depending on the specific category:

Note: Each fee must be paid by a separate money order or check.

E-1, E-2, E-2C, E-3, TN, R

H-3 (up to 25 employees per petition)

P (up to 25 employees per petition)

Q (up to 25 employees per petition)

Type of US employer	Form I-129 fee	Asylum Program Fee	Total
Regular	$1,015	$600	$1,615
Small employer	$510	$300	$810
Nonprofit employer	$510	$0	$510

O-1 (one employee per petition)

O-2 (up to 25 employees per petition)

Type of US employer	Form I-129 fee	Asylum Program Fee	Total
Regular	$1,055	$600	$1,655
Small employer	$530	$300	$830
Nonprofit employer	$530	$0	$530

H-1B, H-1B1

Type of US employer	Form I-129 fee	Fraud Prevention and Detection Fee	Public Law 114-113 Fee	American Competitiveness and Workforce Improvement Act (ACWIA) fee	Asylum Program Fee
Regular	Paper filing: $780 Online filing: $730	$500 (only if seeking initial approval of H-1B or seeking approval to change H-1B employer H-1B1: $0	$4,000 fee if H-1B employer meets the following criteria: Required to submit the Fraud Prevention and Detection Fee Employ 50 or more individuals in the U.S.; and More than 50% of those employees are in H-1B, L-1A, or L-1B status	$1,500 or $750 fee (depending on the number of workers the petitioner employs) if the employer meets the following criteria: Filing for an H-1B employee; or A Chile or Singapore H-1B1 Free Trade Nonimmigrant must submit an additional ACWIA fee (unless exempt)	$600
Small employer	Paper filing: $460 Online filing: $460				$300
Nonprofit employer					$0

L petitions

Type of US employer	Form I-129 fee	Fraud Prevention and Detection Fee	Public Law 114-113 Fee	Asylum Program Fee
Regular	$1,385	$500 fee if the US employer meets the following criteria: Seeking initial approval of L status; Seeking approval of L employer change; or Blanket L petitions, seeking approval for an L nonimmigrant to continue employment with an entity different from the previous petitioner	$4,500 fee if the US employer meets the following criteria: They are required to submit the Fraud Prevention and Detection Fee; They employ 50 or more individuals in the U.S.; and  More than 50% of those employees are in H-1B, L-1A, or L-1B status	$600
Small employer	$695			$300
Nonprofit employer	$695			$0

H-2A with named workers (up to 25 employees per petition)

Type of US employer	Form I-129 fee	Asylum Program Fee	Total
Regular	$1,090	$600	$1,690
Small employer	$545	$300	$845
Nonprofit employer	$545	$0	$545

H-2A with unnamed workers (no limits)

Type of US employer	Form I-129 fee	Asylum Program Fee	Total
Regular	$530	$600	$1,130
Small employer	$460	$300	$760
Nonprofit employer	$460	$0	$460

H-2B with named workers (up to 25 employees per petition)

Type of US employer	Form I-129 fee	Fraud Prevention and Detection Fee	Asylum Program Fee	Total
Regular	$1,080	$150	$600	$1,830
Small employer	$540	$150	$300	$990
Nonprofit employer	$540	$150	$0	$690

H-2B with unnamed workers (no limits)

Type of US employer	Form I-129 fee	Fraud Prevention and Detection Fee	Asylum Program Fee	Total
Regular	$580	$150	$600	$1,330
Small employer	$460	$150	$300	$910
Nonprofit employer	$460	$150	$0	$610

USCIS fees are subject to change, so it’s crucial to check the most current fees on the official USCIS Form I-129 filing fees page before submitting your application.

Form I-129 checklist

Below you can find a general Form I-129 checklist that can be used as a starting point for assembling the application package. Submit photocopies only:

Evidence Required	Examples of acceptable documents
Proof of the employer’s ability to pay the salary	IRS Income Tax Returns Company’s Annual Reports or Audited Financial Statements W-2’s and Pay Statements showing that the required wage was paid
Employee’s educational credentials	Degrees Transcripts Foreign degree equivalency evaluation (if applicable) Professional licenses (for example, for lawyers and physicians)
Employee’s proof of current status (only if in the U.S.)	Passport U.S. Visas; CBP entry stamps Current I-94; Approval notices for extensions and changes of status; EAD (front and back) I-20 form; DS-2019 form I-612 Approval or Receipt Notice (if applicable)
For H-1B petitions only	Evidence of Specialty Occupation: Support letter from employer O*Net occupation listing OOH occupation listing Employment agreement and/or Offer of employment; Job Description Expert Opinion Specialty-Occupation Letter Advertisements previously placed by Petitioner for offered position Advertisements for other similar companies in the field for similar positions Educational credentials for company’s employees in the offered position Information and documentation about the company If working at third-party location: submit employment contract or statement of the agreed terms of employment from the U.S. employer

Form I-129 processing time

The average Form I-129 USCIS processing times are provided below:

• Blanket L: 1 month (California Service Center)
• E (Treaty traders and investors): 1 month (California Service Center)
• E-3 (Specialty occupation workers from Australia): 3 months (Vermont Service Center)
• H-1B (Specialty occupation, visa to be issued abroad):
  • 2.5 months (California Service Center)
  • 3.5 months (Texas Service Center)
• H-1B (Specialty occupation, change of status in the U.S.):
  • 2.5 months (California Service Center)
  • 3.5 months (Texas Service Center)
  • 2 months (Vermont Service Center)
• H-1B (Specialty occupation, extension of stay in the U.S.):
  • 2.5 months (California Service Center)
  • 2.5 months (Nebraska Service Center)
  • 3.5 (Texas Service Center)
  • 4.5 months (Vermont Service Center)
• H-2A (Temporary agricultural workers): 15 days (California Service Center)
• H-2B (Temporary nonagricultural workers): 
  • 1 month (California Service Center)
  • 2 months (Vermont Service Center)
• H-3 (Temporary trainees): 
  • 2.5 months (California Service Center)
  • 4.5 months (Vermont Service Center)
• L (Intracompany transferees):
  • 1 month (California Service Center)
  • 1.5 months (Texas Service Center)
• O (Extraordinary ability): 
  • 2 months (California Service Center)
  • 2 months (Vermont Service Center)
• P (Athletes, artists and entertainers): 
  • 1 month (California Service Center)
  • 2 months (Vermont Service Center)
• Q (Cultural exchange visitors):
  • 2.5 months (California Service Center)
  • 4.5 months (Vermont Service Center)
• R (Religious occupation): 2.5 months (California Service Center)
• TN (U.S.-Mexico-Canada Agreement): 3 months (Vermont Service Center)

USCIS average processing time is subject to change.

To check the most current processing times, visit the USCIS website.

Form I-129 petitions are eligible for premium processing.

What happens after Form I-129 is approved?

After Form I-129 is approved, the foreign employee can either apply for a visa (if located abroad), or start new employment with the petitioner (if already in the U.S.)

To apply for a visa, the employee will need to file Form DS-160 online and schedule an appointment at the US Embassy or Consulate.

If already in the U.S., the employee must comply with nonimmigrant status conditions, maintain lawful nonimmigrant status and timely apply for extension or change of status. Form I-129 is used to extend or change nonimmigrant status for most employment-based nonimmigrant categories.

Form I-129 Frequently Asked Questions (FAQs)

What is the I-129 form used for?

Form I-129 is used to sponsor a foreign employee for temporary work visas such as H-1B, L, O, TN, P, E-1, E-2, E3, etc.

Related Links:

Form I-129 Filing Address

H-1B Visas

L-1 Visa (Requirements, Checklist, How to Apply)

O-1 Visa: Individuals with Extraordinary Ability or Achievement

E-1 Visa (Requirements, Checklist, How to Apply)

E-2 Visa (Requirements, Checklist, How to Apply)

I-94, Arrival/Departure Record