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Official form guide
Form I-129: Petition for a Nonimmigrant Worker
USCIS Form I-129 is Petition for a Nonimmigrant Worker, used to petition for a worker's status with the Department of Homeland Security. The form must be filed by December 31/2027.
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USCIS Form I-129 - Petition for a Nonimmigrant Worker
USCIS Form I-129 is Petition for a Nonimmigrant Worker, used to petition for a worker's status with the Department of Homeland Security. The form must be filed by December 31/2027.
Risk Radar
Scan points- 1Ensure all foreign language documents include a certified English translation with translator details.
- 2Failing to type or print legibly using black ink on Form I-129.
- 3Not including a certified English translation for documents in a foreign language.
- 4Omitting the required signature and date of the Authorized Signatory (Page 7).
- 5Forgetting to list the beneficiary's A-Number at the top of each sheet.
Plain English
This form allows an employer or petitioner to ask U.S. Citizenship and Immigration Services (USCIS) to approve a foreign national's request to work in the United States under a specific nonimmigrant status. Filing this petition officially notifies USCIS that the worker has permission to be employed.
Submission Date
- Filing date: The timing is not specified as a trigger event; it simply states that there is no stated filing deadline on Page 1 of the instructions.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when an employer petitions U.S. Citizenship and Immigration Services (USCIS) for an alien to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training.
- Do not use Form I-129 when filing for benefits that do not require an employer petitioning on behalf of the worker.
- Check Form I-102 instead when applying for a replacement/initial Nonimmigrant Arrival-Departure Record.
Form selector
Use this form or another form?
H-1B or H-1B1 classification
Required to determine if the petitioner must pay the ACWIA fee.
✓ Check Section 2. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement.
O or P Nonimmigrant status
Written consultation is required for these classifications.
✓ Verify filing requirements on USCIS Form I-129 instructions.
Form I-129 (and related supplements)
Free Trade Classifications (H-1B1 and TNs)
These specific classes are mentioned in the 6 Free Trade Nonimmigrant Classifications section of the instructions.
✓ Ensure the correct supplement is included for these types.
Deadline or filing window
The instructions do not specify a trigger event for filing Form I-129. However, the document itself is valid through December 31/2027, and no extension period is explicitly stated in the excerpt provided.
Checklist
What you need before filling it out
Form I-94
Paper version of electronic Form I-94 · CBP website (cbp.gov/i94)
Passport or Travel Document
Passport or travel document information · Appropriate space on petition
Supporting Documents
All evidence and supporting documents · Submitted with the petition
H-1B/L-1 Fee Determination
Completion of Section 2. of Supplement · Form I-129 Supplement
Petitioner Employment Data
Total Number of Employees, Principal Product, etc. · Form p.9
Before you submit
- 1Complete all fields using legible black ink (or type/print).
- 2Submit legibly typed or printed copies of requested documents unless an original is specifically instructed.
- 3Enter passport or travel document information on the petition, even if expired.
- 4Include nicknames, aliases, and names from all previous marriages on Form p.3.
- 5Ensure the preparer's mailing address is present on Form p.7.
- 6Verify that the H-1B/L-1 fee supplement is included if applicable based on petitioner employment data (Form p.9).
- 7Submit legible photocopies or scans of all required evidence.
How to file this form
- 1Complete Form I-129, filling out the basic petition and any necessary supplements using black ink.
- 2Attach supporting documents and ensure you have legibly typed or printed copies for submission.
- 3If needed, obtain a paper copy of the Form I-94 from cbp.gov/i94; otherwise, include it with your filing.
- 4Sign the petition (or have it signed) using handwritten ink on the original document before submitting.
Known limitations
- 1The form does not apply if the beneficiary will work for the same employer in the same classification but there is a material change in the terms and conditions of employment, training, or the beneficiary’s eligibility as specified in the original approved petition; instead, Item f. (Amended petition) should be selected.
- 2For Free Trade Nonimmigrant Classifications (H-1B1 and TNs), specific filing requirements involve Written Consultation for O and P Nonimmigrants.
- 3The H-1B Data Collection and Filing Fee Exemption Supplement is required only for H-1B and H-1B1 classifications.
Field map
Compact field-by-field guide
Part 1
2 items
Employer's full legal name, mailing address, and Federal EIN.
Select: U.S. employer, U.S. agent, or foreign employer.
Part 2
6 items
Foreign worker's full legal name (first, middle, last) as on passport.
Date of birth and country of birth from passport.
Visa category: H-1B, H-2A, H-2B, H-3, L-1A, L-1B, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN.
Specific job title, SOC code, and summary of duties. For H-1B: must be specialty occupation.
Annual salary offered. For H-1B: must meet DOL prevailing wage.
Start date and end date being requested.
Signature
1 items
Authorized company representative must sign under penalty of perjury.
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Fillable formOpen in Editor->The instructions provided are dated 02/27/26, and this version appears to be current based on the source material.
What changed or needs a fresh check
- Edition date — confirm the revision date reads 02/27/26.
- Fee — check Form G-1055 for specific fee amounts, particularly regarding the ACWIA fee and H-1B/L-1 fees.
- Mailing address — ensure the preparer's mailing address is correctly entered on Form p.7.
- Signature — confirm that the photocopy or scan submitted contains the original handwritten ink signature.
- H-1B Supplement — verify the inclusion of the H-1B Data Collection and Filing Fee Exemption Supplement if filing for H-1B or H-1B1.
Quick Facts
Downloads
After you file
- 1Type or print legibly in black ink when completing USCIS Form I-129.
- 2Keep a copy of the completed USCIS Form I-129 after filing.
- 3If additional space is needed, use the space provided in Part 9 or attach a separate sheet of paper to the petition.
- 4Type or print the Alien Registration Number (A-Number) at the top of each sheet if one exists.
Sources
- SRCInstructions p.1 — The purpose of Form I-129 is to petition for a nonimmigrant worker.
- SRCInstructions p.1 — An employer files USCIS Form I-129 with the Department of Homeland Security/USCIS.
- SRCInstructions p.1 — The filing deadline listed on the form is 12/31/2027.
- SRCInstructions p.2 — Part 1 of the instructions covers classifications that always require a petition (e.g., E-2 CNMI, H-1B).
- SRCInstructions p.5 — To select 'New employment,' check if the beneficiary is outside the U.S. with no classification, or changing nonimmigrant classifications.
- SRCForm p.11 — The form edition date is 02/27/26.
Common confusion points
Who must file Form I-129?
The form specifies an employer files it, but can others file it?
The source states: 'This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for a an alien...' [Instructions p.2]
→ Check the first sentence under 'The Purpose of Form I-129' on page 2.
When should you select 'New employment' for the Basis for Classification?
Select this box if the beneficiary is outside the U.S. with no classification, will start a new job in a different nonimmigrant status, or will work for the same employer but in a different status [Instructions p.5].
→ Do not select it if only there is a material change in terms/conditions within the *same* classification.
What determines the 'Major/primary field of study' on Form I-129?
The primary field of study must be determined using the beneficiary’s degree transcripts; work experience should not be used to determine it [Instructions p.5].
→ Verify that you are looking at the transcript, not a resume or job description.
How is 'Rate of pay per year' calculated for Form I-129?
The rate of pay must be expressed as an annual full-time amount and cannot include non-cash compensation or benefits [Instructions p.5].
→ If paid $6,500/month for 4 months plus benefits, the total must reflect that annualized amount.
What is required if you have multiple workers on a single Form I-129 petition?
All beneficiaries in a petition must be named unless they are an H-2A agricultural worker or an H-2B temporary nonagricultural worker who is not currently inside the United States [Instructions p.3].
If applying for both named and unnamed workers on an H-2A or H-2B petition, this rule applies [Instructions p.3].
→ Check if you are using the correct classification type (H-2A vs H-2B) to determine naming requirements.
What happens if you don't fully complete Form I-129?
If the form is not fully completed or required documents are missing, a final decision on the petition may be delayed or denied [Form p.7].
This warning appears in relation to Part 7 (Declaration, Signature, and Contact Information) of Form I-129 [Form p.7].
→ Review all sections before signing, especially ensuring you complete the required contact information.
Workflow map
Related forms and next steps
Before
Current
After
⚠ If something goes wrong
- Contact USCIS Contact Center at uscis.gov/contactcenter or call 800-375-5283
Questions about USCIS Form I-129
What is USCIS Form I-129 used for?
This form allows an employer or petitioner to ask U.S. Citizenship and Immigration Services (USCIS) to approve a foreign national's request to work in the United States under a specific nonimmigrant status. Filing this petition officially notifies USCIS that the worker has permission to be employed.
Who must file USCIS Form I-129?
The filer category for Form I-129 is not specified as a single group, but it covers those who wish to file a Petition for Nonimmigrant Worker on behalf of another individual.
What information does USCIS Form I-129 require?
The form collects details about the petition in various sections, including the beneficiary's highest level of formal education (Item 2. of Section 1.) and their rate of pay per year.
When is USCIS Form I-129 due?
The timing is not specified as a trigger event; it simply states that there is no stated filing deadline on Page 1 of the instructions.
Where do I file USCIS Form I-129?
General filing instructions are provided, directing users to visit uscis.gov/contactcenter or call 800-375-5283 (TTY 800- 767-1833) for specific location details.
How do I complete USCIS Form I-129?
First, type or print legibly in black ink and complete the basic form. Next, any extra space needed must be used in Part 9 of the petition. Finally, the authorized signatory must sign and date the form (Page 7) under penalty of perjury.
What happens if USCIS Form I-129 is filed incorrectly?
If the petitioner fails to fully complete Form I-129 or does not submit all required supporting documents, a final decision on the petition may be delayed or denied.
The form specifies an employer files it, but can others file it?
The source states: 'This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for a an alien...' [Instructions p.2] Check the first sentence under 'The Purpose of Form I-129' on page 2.
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