Form I-129, officially known as the "Petition for a Nonimmigrant Worker," is a crucial document in the U.S. immigration process. Administered by the [U.S. Citizenship and Immigration Services (USCIS)](/immigration-resources/uscis-processing-times-guide), its primary purpose is to allow employers in the United States to petition on behalf of a prospective foreign worker for a [nonimmigrant visa classification](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html^).

Through Form I-129, U.S. employers can demonstrate that they have a valid reason to employ a non-U.S. citizen for a specific job within their organization. The form covers a wide range of nonimmigrant visas, including [H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, and R-1 visas](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html^).

Filing an I-129 form is typically the first step in the process for a foreign worker to obtain a work visa. It's important to note that the approval of Form I-129 does not automatically guarantee the issuance of a visa, as the prospective employee must also meet eligibility requirements set by the [U.S. Department of State](https://www.state.gov/^).

Form I-129, Petition for a Nonimmigrant Worker, is primarily used by U.S. employers who intend to employ foreign nationals in a nonimmigrant status. Here are the specific categories or situations where this form is relevant:

In all cases, the U.S. employer files the Form I-129 on behalf of the prospective foreign employee. The employee themselves does not fill out this form. It's important to note that while filing Form I-129 is a crucial step in the process, approval of this petition does not automatically guarantee the issuance of a visa. The prospective employee must also meet eligibility requirements set by the U.S. Department of State.

Form I-129, Petition for a Nonimmigrant Worker, is a comprehensive document that seeks a variety of information related to the petitioning employer, the prospective foreign worker, and the nature of the proposed employment. The form is divided into several sections:

Additionally, there are various supplements to the form for specific visa categories (like H-1B, L-1, and others). These supplements ask for additional, category-specific information.

Remember, it is crucial that all questions are answered fully and accurately, as any errors or omissions can lead to delays in processing or even denial of the petition

Completing Form I-129, Petition for a Nonimmigrant Worker, requires careful attention to detail. Here's a step-by-step guide to help you navigate through each part of the form:

**Step 1 - Part 1: Petitioner's Information**

Fill in your (the petitioner's) basic information. This includes the organization's name, address, contact details, and employer identification number (EIN).

**Step 2 - Part 2: Information About This Petition**

Indicate the specific visa classification you're petitioning for (H-1B, L-1, O-1, etc.). Provide details about the proposed employment like the job title, duties, and work location. Pay close attention to the requested start and end dates of the proposed work.

**Step 3 - Part 3: Beneficiary's Information**

Provide the beneficiary's (the prospective foreign worker's) personal details, immigration status, and educational qualifications. Double-check the accuracy of the beneficiary's personal details and current immigration status to avoid complications.

**Step 4 - Part 4: Processing Information**

This part requires additional details about the specific visa category. Fill in information about the beneficiary's qualifications, licensing (if applicable), and previous periods of stay in the U.S. Be sure to provide accurate and complete information about the beneficiary's qualifications and previous immigration history.

**Step 5 - Part 5: Basic Information About the Proposed Employment and Employer**

Here, you need to provide more specific details about the proposed job, including the wages, working hours, and details about the company's industry and number of employees. Be clear and descriptive about the job duties and pay careful attention to the wage information.

**Step 6 - Part 6: Contact Information, Statement, Certification, and Signature of the Petitioner**

You must provide your contact information, certify the truthfulness of all information provided, and sign the petition. Ensure all the details are accurate before signing.

**Step 7 - Part 7: Interpreter's Contact Information, Certification, and Signature**

If an interpreter was used in the completion of the form, their information and certification are required here. Make sure the interpreter provides their complete contact information and signs this part.

**Step 8 - Part 8: Contact Information, Declaration, and Signature of the Person Preparing This Petition, If Other Than the Petitioner**

What Documentation and Supporting Materials are Needed?

When submitting Form I-129, Petition for a Nonimmigrant Worker, it's essential to include all necessary documentation and supporting materials to validate the information provided in the form. Here are some of the most common documents required:

All documents must be in English or accompanied by a full English translation. Any photocopies must be legible. If original documents are provided, they may remain a part of the record and won't be automatically returned, so it's recommended to submit copies unless specifically instructed otherwise.

Remember, it's crucial to provide complete and accurate documentation to avoid delays in processing or denial of the petition. Always check the instructions for the specific visa category for which you are applying to ensure all necessary documentation is included.

The fees associated with Form I-129, Petition for a Nonimmigrant Worker, vary depending on the type of nonimmigrant classification being requested. Here are some of the most common fees:

Fees can be paid by check or money order payable to the Department of Homeland Security. Credit card payments are also accepted with the submission of [Form G-1450, Authorization for Credit Card Transactions](https://www.uscis.gov/g-1450^).

Form I-129 does not have a fee waiver provision. However, some organizations may be exempt from certain fees, such as the ACWIA fee, depending on their non-profit status, institutional nature, or the nature of the visa being applied for.

Always check the latest fee schedule on the USCIS website or consult with an immigration attorney to understand the complete set of fees applicable to your specific situation.

The process for submitting Form I-129, Petition for a Nonimmigrant Worker, involves several crucial steps:

Ensure that Form I-129 is completed accurately and in its entirety. Incomplete or inaccurate forms may lead to processing delays or denial of the petition.

Compile all necessary supporting documents. This typically includes proof of the beneficiary's eligibility, documentary evidence of the petitioner's business, job offer letter, and others as mentioned in the 'Documentation and Supporting Materials' section.

Calculate the total fee amount based on the beneficiary's visa classification and the petitioner's company size, and prepare the payment. Remember to include all required fees (base processing, ACWIA, Fraud Prevention and Detection, and Public Law 114-113).

The completed Form I-129, along with all supporting documentation and fees, should be mailed to the correct USCIS service center. The mailing address will depend on the type of nonimmigrant classification being requested and the petitioner's location. The addresses for each service center are listed on the USCIS website.

As of now, USCIS does not accept online submissions for Form I-129. However, USCIS has implemented a web-based tool called "USCIS ELIS" for certain forms and continues to expand online filing options.

In general, USCIS recommends filing Form I-129 at least 45 days before the employment start date. For H-1B visa cap-subject petitions, there's a specific filing window which usually starts on the first business day of April each year. Some visa categories have additional timing requirements or exceptions, so it's important to check the specific instructions for the relevant visa category.

After submission, you can check the status of your petition using the receipt number on the USCIS website. If USCIS needs additional information, they will send a Request for Evidence (RFE). Respond promptly to any RFE to avoid further delays.

Once Form I-129, Petition for a Nonimmigrant Worker, has been submitted, the process continues through several stages:

**Receipt Notice**: After USCIS receives the petition, they will mail a receipt notice to the petitioner. This notice confirms that USCIS has received the form and has begun processing it. The receipt notice also contains a tracking number that can be used to check the status of the petition online.

**Request for Evidence (RFE)**: If USCIS requires additional information or documentation to process the petition, they will issue a Request for Evidence. It's crucial to respond to this request promptly and thoroughly to avoid any delays in processing.

**Approval or Denial Notice**: Once USCIS has made a decision on the petition, they will send an approval or denial notice. If the petition is approved, this notice will serve as the official document confirming the approval. If the petition is denied, the notice will explain the reasons for denial.

If the petition is approved, it's important to note that this only grants the beneficiary eligibility to apply for a visa. They still need to apply for a visa at a U.S. embassy or consulate, which may involve an interview and further documentation. The beneficiary's eligibility does not guarantee that the visa will be issued.

For H-1B visa petitions subject to the annual cap, there is a lottery process due to the high demand and limited number of visas available. In this case, not all petitions will be processed, only those selected in the lottery.

Processing times for Form I-129 can vary widely depending on the visa category and the specific USCIS service center handling the petition. It's recommended to check the USCIS website for the most current processing time information.

Remember, the petitioner and beneficiary should keep copies of all forms, supporting documents, and receipt notices for their records. It's also advisable to consult with an immigration attorney or accredited representative to guide you through this complex process.

What are Common Mistakes and How Can I Avoid Them?

Filling out Form I-129, Petition for a Nonimmigrant Worker, can be complex and detailed. Below are some common mistakes and tips on how to avoid them:

**1. Incomplete Information**: All sections of the form must be completed fully. If a section doesn't apply, you should indicate "N/A" or "Not Applicable." Incomplete forms may be rejected or delayed.

**2. Incorrect or Inconsistent Information**: Every detail matters. Ensure the information provided is consistent throughout the form and matches the supporting documents. Cross-verify details like the beneficiary's name, date of birth, passport number, and visa classification.

**3. Late Filing**: It's recommended to file Form I-129 at least 45 days before the employment start date. For certain visa categories like the H-1B, there is a specific filing period each year. Missing these timelines can lead to processing delays or missed opportunities.

**4. Incorrect Filing Fee**: Submitting the wrong filing fee can result in your form being returned. Check the USCIS website for the most current fees and include all necessary fees based on the beneficiary's visa classification and the petitioner's company size.

**5. Not Responding to a Request for Evidence (RFE)**: If USCIS requests additional evidence, respond promptly and thoroughly. Ignoring an RFE can result in a denial of your petition.

**6. Mailing to the Wrong Address**: The correct mailing address depends on the type of nonimmigrant classification and the petitioner's location. Always confirm the correct mailing address from the USCIS website.

**7. Not Including Required Documentation**: Each visa classification has specific supporting documentation that must be included with the form. Failing to include these can lead to delays or denial.

**8. Not Using the Latest Version of the Form**: USCIS regularly updates its forms. Always download the latest version of the form from the USCIS website.

To avoid these pitfalls, it's advisable to read all instructions carefully, double-check all information, and consider seeking assistance from an immigration attorney or accredited representative. Always keep copies of all forms, supporting documents, and receipt notices for your records.

What are Some Important Notes and Considerations?

Here are some important considerations when dealing with Form I-129, Petition for a Nonimmigrant Worker:

**1. Annual Caps**: Certain visa categories, such as the H-1B, have [annual caps](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-cap-season^). This means USCIS only accepts a limited number of these petitions each year. For the H-1B visa, there's also a lottery system due to the high demand. Petitioners should be aware of these limits and ideally file as soon as the application window opens.

**2. Form Updates**: USCIS regularly updates its forms and instructions. Always ensure you're using the most recent version of Form I-129, which can be downloaded directly from the USCIS website.

**3. Changes in Employment**: If there are material changes in the terms and conditions of the beneficiary's employment (such as job title, duties, or worksite location), the petitioner may need to file an amended Form I-129.

**4. Extensions and Changes of Status**: Form I-129 is also used to extend a beneficiary's stay or change their nonimmigrant status. If the beneficiary's visa is nearing its expiration date or if they are seeking a different nonimmigrant classification, an I-129 form should be filed promptly.

**5. Premium Processing**: For certain visa categories, petitioners can opt for premium processing by paying an additional fee. This ensures USCIS will process the petition within 15 calendar days.

**6. Legal Assistance**: Given the complexity of the form and the importance of accuracy, it's often beneficial to seek assistance from an immigration attorney or a USCIS-approved representative.

**7. Separate Forms for Family Members**: Family members of the beneficiary who are applying for derivative visas must file separate forms. For example, a spouse or child of an H-1B worker would need to file [Form I-539, Application to Extend/Change Nonimmigrant Status](/immigration-resources/form-i539-extending-changing-nonimmigrant-status).

Remember, each visa category has its own specific requirements and considerations. Always refer to the specific instructions for the relevant visa category when completing and submitting Form I-129.

Form I-129, Petition for a Nonimmigrant Worker, is used by U.S. employers to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training.

Processing times for Form I-129 can vary widely depending on the specific visa category and the USCIS service center handling the petition. It can range from a few weeks to several months. You can check current processing times on the USCIS website.

After you submit Form I-129, you will receive a receipt notice from USCIS. If they need additional information, they will issue a Request for Evidence (RFE). Once they've made a decision on your petition, they will send an approval or denial notice.

As of now, USCIS does not accept online submissions for Form I-129. The completed form, along with all supporting documentation and required fees, must be mailed to the correct USCIS service center.

If you realize there's a mistake on the form after it's been submitted, contact USCIS as soon as possible. Depending on the error, you may need to file a new petition with the correct information.

If your petition is denied, the denial notice will explain the reasons and will provide information on how to appeal the decision if you believe it was in error.

No, Form I-129 does not have a fee waiver provision. However, some organizations may be exempt from certain fees depending on their non-profit status or the nature of the visa being applied for.

No, Form I-129 must be filed by the U.S. employer or agent intending to employ the foreign national. The beneficiary cannot file the form themselves.

No, Form I-129 is only for nonimmigrant work visas. If you're seeking permanent residence in the U.S., you would need to apply through a different process, typically involving Form I-140, Immigrant Petition for Alien Worker, or Form I-485, Application to Register Permanent Residence or Adjust Status.

Apologies, it appears that the answer to question 9 was cut off. Here is the corrected version:

How long does it take to process Form I-129?

What if there's a mistake on the form after it's been submitted?

What should I do if my petition is denied?

Are there any fee waivers for Form I-129?

Can the beneficiary of the petition file Form I-129 themselves?

Can I use Form I-129 to apply for a green card?

Need help with Form I-129? This guide offers clear instructions on its purpose, who needs it, and how to complete it. We also address common issues and answer frequently asked questions to simplify your visa process.

Form I-129: A Guide for Nonimmigrant Workers in the U.S.

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