I-129 Form, officially titled “Petition for a Nonimmigrant Worker,” is a document that US employers use to sponsor foreign nationals for temporary employment in the United States. This form is essential for various nonimmigrant classifications, including H-1B, L-1, O-1, and others. Employers must complete and submit Form I-129 to US Citizenship and Immigration Services (USCIS) to initiate the employment authorization process for prospective nonimmigrant workers.
Purpose and importance of Form I-129
Form I-129 serves as the primary vehicle through which US employers petition USCIS to classify a foreign national as a nonimmigrant worker. This classification allows the individual to legally work in the United States for a specified period under the terms outlined in the petition. The form encompasses various nonimmigrant categories, each with distinct eligibility criteria and requirements.
Nonimmigrant classifications requiring Form I-129
Form I-129 is utilized for several nonimmigrant classifications, including:
- H-1B: For individuals in specialty occupations requiring specialized knowledge and a bachelor’s degree or higher.
- L-1: For intracompany transferees moving to a US office within the same employer.
- O-1: For individuals with extraordinary ability in sciences, arts, education, business, or athletics.
- TN: For professionals from Canada and Mexico under the United States-Mexico-Canada Agreement (USMCA).
Instructions for completing Form I-129
Accurate completion of Form I-129 is vital to avoid processing delays or denials. The form comprises several parts, each requiring specific information:
- Part 1 – Petitioner information: Details about the US employer, including name, address, and contact information.
- Part 2 – Information about this petition: Indicates the requested action, such as a change of status, extension of stay, or amendment.
- Part 3 – Beneficiary information: Information about the foreign national, including name, date of birth, and passport details.
- Part 4 – Processing information: Preferred consulate for visa issuance and other processing details.
- Part 5 – Basic information about the proposed employment and employer: Job title, duties, wage, and employment location.
- Part 6 – Certification regarding the release of controlled technology or technical data to foreign persons in the United States: Certification related to export control regulations.
- Part 7 – Additional information: Any other relevant information or explanations.
Employers should carefully review the official USCIS instructions for detailed guidance on each section.
Supporting documentation
Along with Form I-129, employers must submit various supporting documents, which may include:
- Labor condition application (LCA): Required for H-1B petitions to demonstrate compliance with wage and labor standards.
- Evidence of the beneficiary’s qualifications: Educational degrees, professional licenses, or work experience letters.
- Company information: Details about the employer’s business operations, financial status, and ability to pay the offered wage.
- Job offer letter: Outlining the terms and conditions of employment.
Filing fees
The filing fee for Form I-129 varies depending on the nonimmigrant classification and the specifics of the petition. As of December 2024, the base filing fee is $460. Additional fees may apply, such as:
- Fraud prevention and detection fee: $500 for H-1B and L-1 petitions.
- American Competitiveness and Workforce Improvement Act (ACWIA) fee: $750 for employers with 1-25 full-time employees; $1,500 for employers with 26 or more employees, applicable to H-1B petitions.
- Premium processing fee: $2,500 for expedited processing within 15 calendar days.
Employers should consult the USCIS website for the most current fee information and ensure all required fees are included with the petition to avoid rejection.
Where to file Form I-129
The filing location for Form I-129 depends on the nonimmigrant classification and the beneficiary’s intended employment location. USCIS provides specific filing addresses, and employers should refer to the USCIS Form I-129 page to determine the correct filing address. Incorrect filing locations can result in processing delays or rejection of the petition.
Processing times
Processing times for Form I-129 vary based on the nonimmigrant classification, USCIS service center workload, and whether premium processing is requested. As of December 2024, typical processing times are:
- Regular processing: Approximately 3.4 months.
- Premium processing: 15 calendar days.
Employers can check current processing times on the USCIS Processing Times webpage.
Recent updates
USCIS periodically updates forms, fees, and procedures. Employers should ensure they are using the latest version of Form I-129 and comply with current requirements. As of December 2024, there have been no recent changes to Form I-129 or its associated fees.
