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USUSCISRev. 02/27/26

Official form guide

Form I-129: Petition for a Nonimmigrant Worker

Form I-129, Petition for a Nonimmigrant Worker, is used by U.S. employers to request a visa classification for a foreign employee. File it before the worker seeks entry or change of status.

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Form Overview

USCIS Form I-129 - Petition for a Nonimmigrant Worker

Form I-129, Petition for a Nonimmigrant Worker, is used by U.S. employers to request a visa classification for a foreign employee. File it before the worker seeks entry or change of status.

It captures employer details, job description, wage, worker’s qualifications, and the requested nonimmigrant classification.

Risk Radar

Scan points
  • 1A single missing signature can invalidate the entire petition.
  • 2Incorrect classification code
  • 3Missing wage documentation
  • 4Fee amount or payment method error
  • 5Signature omitted or illegible

Plain English

An American company fills out I-129 to ask the government to let a foreign worker come to the U.S. on a specific temporary visa, like H‑1B or L‑1. The form tells USCIS who the worker is, what job they’ll do, and why they qualify.

Submission Date

  • Filing date: File the petition as early as the visa cap allows (often March‑April for H‑1B) or at least 45 days before the worker’s intended start date.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

petitionforeign

Hover a term to preview the meaning.

What this form is for

  • Use I-129 when hiring a foreign worker on a temporary visa.
  • Do not use for permanent‑resident petitions (that's I-140).
  • If the worker is already in the U.S. and you need a status change, still use I-129 but attach the appropriate supplement.

Form selector

Use this form or another form?

Extending an H‑1B stay

Same form, different supplement

✓ Verify current approval dates

I-129 (Extension)

Changing employer for an H‑1B holder

Same form, new employer info

✓ Ensure no gap in status

I-129 (Transfer)

Applying for a J‑1 exchange visitor

Different program

✓ Use the sponsor’s form, not I-129

DS-2019

Deadline or filing window

USCIS does not set a universal deadline for I-129 filings; timing depends on the visa category. For cap‑subject visas (e.g., H‑1B), petitions must be received by the filing window opening date, usually early April. For extensions or transfers, file before the current status expires, ideally 45 days in advance.

  • —Base filing fee | $460 | Total fee | Verify against current fee schedule

Checklist

What you need before filling it out

1

Employer Information

EIN, tax returns · IRS documents

⚠ Missing EIN✕ High
2

Job Offer Details

Detailed job description, SOC code · Offer letter

⚠ Vague duties✕ Medium
3

Wage Determination

Prevailing wage determination · Department of Labor wage notice

⚠ No wage notice✕ High
4

Beneficiary Qualifications

Degrees, transcripts, licenses · Educational records

⚠ Untranslated foreign diploma✕ Medium
5

Classification Supplement

Specific to H‑1B, L‑1, O‑1, etc. · Supplement form

⚠ Wrong supplement attached✕ High

Before you submit

  1. 1Use the latest I-129 edition.
  2. 2All required signatures are present and legible.
  3. 3Fee amount matches the current USCIS schedule.
  4. 4Correct classification supplement is attached.
  5. 5Wage documentation matches the offered wage.
  6. 6Beneficiary’s passport copy and qualifications are included.
  7. 7Cover letter lists all items in the order required by the instructions.
  8. 8Mailing envelope has the correct Service Center address.
  9. 9If filing electronically, upload all PDFs in the required format.
  10. 10Retain a copy of the entire package for your records.
  11. 11Track the mailing receipt or electronic submission confirmation.

How to file this form

  1. 1Download I-129 and the specific classification supplement.
  2. 2Complete the form in black ink or electronically; do not use shortcuts.
  3. 3Assemble supporting evidence in the order listed in the instructions.
  4. 4Calculate the total filing fee and prepare payment.
  5. 5Create a cover letter that indexes each document.
  6. 6Mail the package to the designated Service Center or submit via USCIS ELIS.
  7. 7Record the tracking number or electronic receipt number.

Known limitations

  1. 1Form instructions may lag behind policy changes; verify any recent USCIS memoranda.
  2. 2Premium processing availability varies by classification.
  3. 3Online filing is not offered for all visa categories.
  4. 4USCIS does not provide real‑time validation of wage data.

Field map

Compact field-by-field guide

9 fields

Part 1

2 items

Petitioner Name & EIN

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

Requiredtext
Type of Petitioner

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

Requiredselect

Part 2

6 items

Beneficiary Name

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

Requiredtext
Beneficiary's Date & Country of Birth

Date of birth and country of birth from passport.

Requiredtext
Classification Requested

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.

Requiredselect
Job Title & Duties

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

Requiredtext
Wage Offered

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

Requiredamount
Requested Period of Stay

Start date and end date being requested.

Requireddate

Signature

1 items

Petitioner Signature

Authorized company representative must sign under penalty of perjury.

Requiredsignature

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Current form status
USCISRev. 02/27/26

Check the USCIS website for the current edition date and any recent fee updates before preparing the petition.

What changed or needs a fresh check

  • Edition date – confirm the form is the latest version (check USCIS website).
  • Fee – verify current filing fee and any optional premium processing fee.
  • Mailing address – use the Service Center address listed for the specific classification.
  • Signature block – ensure an authorized officer signs and dates.
  • Payment method – include correct check or money order, or complete online payment if filing electronically.

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Form I-129 page 2

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Quick Facts

The U.S. employer (or an authorized agent) files the petition on behalf of the foreign worker.
It captures employer details, job description, wage, worker’s qualifications, and the requested nonimmigrant classification.
File the petition as early as the visa cap allows (often March‑April for H‑1B) or at least 45 days before the worker’s intended start date.
Submit the completed form, supporting evidence, and filing fee to the USCIS Service Center listed in the form instructions, either by mail or online via USCIS ELIS where available.
Errors can cause a Request for Evidence, delay the worker’s start date, or lead to a denial, which wastes time and money.
1. Download the latest I-129 edition and its instructions. 2. Gather employer documents (tax ID, payroll records) and worker documents (degrees, certifications). 3. Complete all required sections, double‑check classification codes, and calculate the required fee. 4. Assemble the supporting evidence in the order prescribed and attach the fee payment. 5. Mail or upload the package to the correct USCIS address.

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Blank Form I-129↗Instructions↗

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After you file

  1. 1Save the receipt number and create a USCIS case tracker entry.
  2. 2Set a calendar reminder for the estimated processing time.
  3. 3Monitor USCIS case status online for RFEs or approval notices.
  4. 4If an RFE is issued, respond within the deadline indicated.
  5. 5Upon approval, forward the I-797 notice to the employee for visa stamping.
  6. 6Keep copies of the approved petition and all supporting documents for future extensions.

Sources

  • SRCUSCIS Form I-129 official PDFconfirms purpose and filing categories.
  • SRCUSCIS I-129 Instructionsprovides data fields, fee schedule, and filing addresses.
  • SRCUSCIS Fee Scheduleverifies $460 base fee (as of latest edition).
  • SRCDepartment of Labor Wage Determinationsource for prevailing wage requirement.
  • SRCUSCIS Premium Processing Servicelists eligible classifications.
  • SRCUSCIS Service Center address listconfirms mailing locations.

Common confusion points

Cap‑subject vs. cap‑exempt classification

Workers think any H‑1B is cap‑subject

→ Verify employer’s eligibility for cap‑exempt status

Premium processing eligibility

Some categories cannot use premium

→ Check USCIS premium processing list

Duplicate filing address

Different classifications have different Service Centers

→ Confirm address in the latest instructions

Wage level selection

Employers misinterpret prevailing wage tables

→ Use the official DOL wage library

Beneficiary’s current status

Changing from F‑1 to H‑1B vs. extending H‑1B

→ Review the correct supplement and timing

Workflow map

Related forms and next steps

4 signals

Before

Form I-140 (immigrant petition) if moving from nonimmigrant to permanent status.

Current

I-129

After

Form I-797 (Notice of Action) – approval notice for the petition.

Often used with

Form I-765 (Employment Authorization) when the worker needs a work permit while I-129 is pending.

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Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
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