Petition for a Nonimmigrant Worker

[I-129, Petition for a Nonimmigrant Worker]

IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms

Purpose of Form :

Employers may use this form to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2B, H-3, L-1, O-1, P-1, P-2, P-3, or Q-1 nonimmigrant worker. Employers may also use this form to petition for an extension of stay or change of status for an alien as an E-1, E-2, R-1 or TN nonimmigrant.

Number of Pages :

Form: 17 & Instructions: 16

Edition Date :

4/1/06. Prior versions acceptable.

Where to File :

Mail this form to :

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden St.
Saint Albans, Vermont 05479

Unless the beneficiary is covered under NAFTA. See NAFTA notes below.

Filing Fee :

$190.00

Special Instructions :

Note that premium-processing fees are optional and additional (see form I-907).

You may be eligible to file this form electronically. Please see the information at the related link “Introduction to Electronic Filing”.

Note on Filing Fee :

A U.S. employer filing an H-1B petition must submit the $190 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, an additional fee of either $1500 or $750. A U.S. employer with a total of 25 or less full-time equivalent employees in the United States (including any affiliate or subsidiary of the employer) is only obligated to pay the $750 fee.

Petitioners filing Form I-129 to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore must also complete the applicable supplements to the Form I-129 petition. Specifically, the Nonimmigrant Classification Based on Free Trade Agreement Supplement to Form I-129, and the H-1B Data Collection and Filing Fee Exemption Supplement are required.

Unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, the additional filing fee of either $1,500 or $750 is also required of U.S. employers seeking to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in the following situations:

  • Employers seeking to employ a current H-1B1 Free Trade Nonimmigrant from Chile or Singapore presently employed by another H-1B1 employer;
  • Employers requesting an initial extension of H-1B1 status for an H-1B1 Free Trade Nonimmigrant from Chile or Singapore that they presently employ; and
  • Employers seeking to change an alien’s status and employ the alien as an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in new employment.

A U.S. employer filing an H-1B petition who is required to pay the additional fee may make the payment in the form of a single check or money order for the total amount due or as two checks or money orders, one for the additional fee and one for the petition fee.

NOTE: H-1B and L-1 petitioners who must pay the $500 Fraud Prevention and Detection Fee must pay with a check or money order that is separate from the additional fee and petition fee.

Note on Where to File :

Exceptions for NAFTA Countries (Mexico and Canada)

If you are filing for a national from Mexico and are applying for initial classification as a TN (Trade NAFTA), you will not need to complete the Form I-129. More information is available on the Department of State TN Visa website about applying at a U.S. Consular post abroad.

If you are filing for a national from Canada and applying for initial classification as a TN (Trade NAFTA), you will not need to complete Form I-129. See 8 CFR 214.6 for information on applying at a U.S. port of entry.

If you are applying for a national from Mexico or Canada, who is already in the U.S., and applying for a change of status to TN, or extension of stay as a TN, file at the Vermont Service Center.

Download I-129 Instructions for filling out (704KB PDF)
Download I-129 (641KB PDF)

Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No.1615-0009; Expires 05/31/08
I-129, Petition for a Nonimmigrant Worker

Purpose of This Form.

This form is used by an employer to petition the U.S. Citizenship and Immigration Services (USCIS) for an alien to come as a nonimmigrant to the United States temporarily to perform services or labor, or to receive training, as an:

  • H-1B, specialty occupations; an alien coming to perform services of an exceptional nature relating to a project administered by the U.S. Department of Defense; a fashion model who has national and international acclaim; an alien coming in accordance with a trade agreement with Chile or Singapore.
  • H-2A, agricultural worker.
  • H-2B, temporary nonagricultural worker.
  • H-3, trainee.
  • L-1, intracompany transferee.
  • O-1, alien of extraordinary ability in arts, science, education, business or athletics.
  • O-2, accompanying alien who is coming to the United States to assist in the artistic or athletic performance of an O-1 artist or athlete.
  • P-1, internationally recognized athlete/entertainment group.
  • P-1S, essential support personnel for a P-1.
  • P-2, artist or entertainer in reciprocal exchange program.
  • P-2S, essential support personnel for a P-2.
  • P-3, artist/entertainer coming to the United States to perform, teach or coach under a program that is culturally unique.
  • P-3S, essential support personnel for a P-3.
  • Q-1, alien coming temporarily to participate in an international cultural exchange program.

This form is used also by an employer to request an extension of stay or change of status for the following nonimmigrants:

  • E-1, treaty trader.
  • E-2, treaty investor.
  • Free Trade Nonimmigrants, H-1B1s and TNs.
  • R-1, religious worker.

NOTE: A petition is not required to apply for an E-1, E-2 or R-1 nonimmigrant visa or admission as a TN nonimmigrant lfrom Canada or Mexico. A petition is also not required for an H-1B1 Free Trade Nonimmigrant from Chile or Singapore. These persons may apply directly to a U.S. consulate or embassy abroad.

A petition is required only to apply for a change or extension of stay in such status.

NOTE: The Form I-129 consists of a basic petition, individual supplements relating to specific classifications, and for H-1B petitions, the H-1B Data Collection and Filing Fee Exemption Supplement with its particular instructions (formerly issued separately as Form I-129W).

Who May File.

General. A U.S. employer may file this form and applicable supplements to classify an alien in any nonimmigrant classification listed in Part 1 and Part 2 of these instructions. A foreign employer may file for certain classifications as indicated in the specific instructions.

Agents. A U.S. individual or company in business as an agent may file for types of workers who are traditionally self-employed or who traditionally use an agent to arrange short-term employment with numerous employers. A petition filed by an agent must include a complete itinerary of services or engagements, including dates, names and addresses of the actual employers, and the locations where the services will be performed. A petition filed by a United States agent must guarantee the wages and other terms and conditions of employment by contractual agreement with the beneficiary or beneficiaries of the petition. The agent/employer must also provide an itinerary of definite employment and information on any other services planned for the period of time requested.

Including more than one alien in a petition. Multiple aliens who will seek admission in H-2A, H-2B, H-3, P-1, P-2, P-3, O-2 or Q-1 classification may be included on the same petition provided:

  • They will all be employed for the same period of time;
  • They will all perform the same services, receive the same training or participate in the same international cultural exchange program; and
  • If the petition is for aliens seeking H-2A classification, they will apply for a visa at the same consulate or, if visa exempt, will apply for admission at the same port-of-entry.

NOTE: If the employer includes more than one alien on the petition (other than those seeking H-2A classification) and needs to request USCIS to notify more than one consulate or embassy concerning the processing, the employer should file a Form I-824, Application for Action on an Approved Application or Petition, with appropriate fee, for each embassy or consulate that must be notified.

Multiple locations. A petition for alien(s) to perform services or labor or receive training in more than one location must include an itinerary with the dates and locations where the services or training will take place.

Unnamed aliens. All aliens in a petition for an extension of stay or change of status must be named in the petition. All aliens included in any other petition must be named, except:

  • An H-2A petition for more than one worker may include unnamed aliens if they are unnamed on the labor certification;
  • An H-2B petition for more than one worker may include unnamed aliens in emergent situations where it is established on the petition that the names cannot be provided due to circumstances that cannot be anticipated or controlled.

Where some or all of the aliens are not named, specify the total number of unnamed aliens and total number of aliens in the petition. Where the aliens must be named, petitions naming subsequent beneficiaries may be filed later with a copy of the same labor certification. Each petition must reference all previously filed petitions using that certification.