USCIS

Form I-129

Rev. 02/27/26

Petition for a Nonimmigrant Worker

Used by U.S. employers to petition for foreign workers in nonimmigrant visa categories.

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Plain English

Form I-129 is how U.S. companies sponsor foreign workers for temporary work visas. It covers H-1B (specialty occupation), L-1 (intracompany transfer), O-1 (extraordinary ability), TN (NAFTA professionals), and other nonimmigrant work categories.

Quick Facts

Who: U.S. employers seeking to hire foreign nationals for temporary work in the United States under various nonimmigrant visa categories.
What: Petition for a Nonimmigrant Worker — used to request work authorization for foreign nationals in categories including H-1B, L-1, O-1, P, Q, R, and TN.
When: Filed based on visa availability and premium vs. regular processing. H-1B cap petitions filed in March for October start date.
Where: Filed with USCIS. Premium processing (extra fee) available for 15-calendar-day processing.
Why: Employers need to file I-129 to legally employ foreign workers in specialized roles that require work visa sponsorship.
How: Complete petitioner info, beneficiary info, visa classification, job details, wage offered, and period of stay requested. Submit supporting documents and fee.

Common Risks & Mistakes

  • •Incorrect classification (H-1B vs. L-1 vs. TN) — each category has different eligibility requirements and filing seasons
  • •Wage below prevailing wage for H-1B — must pay at least the Department of Labor prevailing wage or actual wage, whichever is higher
  • •Missing H-1B cap filing window — typically 1-2 weeks in March; lottery selection is random
  • •Insufficient specialty occupation evidence for H-1B — position must require a bachelor's degree or higher
  • •Not filing LCA before H-1B petition — Labor Condition Application must be certified by DOL before filing
  • •Premium processing not selected due to administrative processing — PP clock stops if USCIS issues RFE

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Field-by-Field Guide

Part 1
Petitioner Name & EINREQUIREDtext

Employer's full legal name, mailing address, and Federal EIN.

Type of PetitionerREQUIREDselect

Select: U.S. employer, U.S. agent, or foreign employer.

Part 2
Beneficiary NameREQUIREDtext

Foreign worker's full legal name (first, middle, last) as on passport.

Beneficiary's Date & Country of BirthREQUIREDtext

Date of birth and country of birth from passport.

Classification RequestedREQUIREDselect

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.

Job Title & DutiesREQUIREDtext

Specific job title, SOC code, and summary of duties. For H-1B: must be specialty occupation.

Wage OfferedREQUIREDamount

Annual salary offered. For H-1B: must meet DOL prevailing wage.

Requested Period of StayREQUIREDdate

Start date and end date being requested.

Signature
Petitioner SignatureREQUIREDsignature

Authorized company representative must sign under penalty of perjury.

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Form Stats

9
Fields
9
Required
3
Sections

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Disclaimer: We do not provide legal advice. We translate legal language into plain English and help you prepare for a conversation with a lawyer.