This guide explains who must file Form I-129, when it is required, which visa classifications it covers, required supporting evidence, filing fees, processing times, and what happens after approval.
Filing fees vary depending on the visa category, the type of petition filed, and the size of the employer. Potential fees may include:
USCIS offers reduced filing fees for certain small employers and qualifying nonprofit or governmental organizations, including reduced or exempt Asylum Program Fees, depending on petitioner type and classification.
Eligibility for reduced fees is based on USCIS criteria, such as whether the petitioner qualifies as a small employer, generally determined by the number of full-time equivalent employees, and varies by visa category and fee type.
Processing times for Form I-129 vary depending on the visa classification, the USCIS service center handling the case, and the overall volume of petitions being processed. Standard processing can take several months, and timelines may fluctuate throughout the year.
1. Confirm the Correct Visa Classification Before You Start
Many issues stem from selecting the wrong classification or supplement. Always confirm eligibility requirements for the specific visa category before preparing the petition.
2. Use the Current Accepted Form Edition
USCIS will reject petitions filed using an outdated or unaccepted form edition. Always download Form I-129 directly from the USCIS website and verify the edition date before filing.
3. Include All Required Supplements
Many classifications require additional I-129 supplements. Missing a required supplement is a common reason for rejection or delay.
4. Follow the USCIS Fee Schedule Carefully
Filing fees vary by classification and petitioner type. Pay close attention to whether separate payments are required and whether additional fees—such as the Asylum Program Fee—apply.
5. Verify the Correct Filing Address
USCIS filing addresses vary by classification, petitioner location, and whether premium processing is requested. Always confirm the correct address immediately before mailing.
6. Provide Clear and Organized Supporting Evidence
Supporting documents should clearly establish eligibility for the classification. Label exhibits and organize evidence so USCIS officers can easily follow the petition.
7. Document Maintenance of Status When Required
For extensions of stay or changes of status, include evidence that the beneficiary has maintained lawful status, such as Forms I-94, prior approval notices, and payroll or tax records.
8. Include a Well-Prepared Support Letter
A strong support letter explains the petition type, confirms eligibility, describes the job role, and clearly references supporting exhibits. This helps reduce confusion and Requests for Evidence (RFEs).
9. Do Not Assume Work Authorization Begins Upon Filing
In most cases, the worker may not begin employment until USCIS approves the petition. Exceptions are limited and classification-specific.
10. Double-Check Everything Before Filing
Before submission, review the petition for signatures, correct dates, consistent information, proper fees, and complete documentation. Small errors can lead to rejection, delays, or RFEs.
he following frequently asked questions address common issues employers, petitioners, and agents encounter when preparing and filing Form I-129, Petition for a Nonimmigrant Worker, including eligibility, filing requirements, fees, processing times, and related procedures.
What Is Form I-129 Used For?
Form I-129 is the USCIS form employers use to sponsor foreign workers for temporary employment in the United States. It allows an employer to request approval for a worker to be employed under a specific nonimmigrant visa category, such as H-1B, L-1, or O-1.
Who files Form I-129?
In most cases, Form I-129 is filed by a U.S. employer. In certain limited circumstances, a U.S. agent or supporting organization may file the petition on behalf of the employer or beneficiary, depending on the visa classification. The foreign national worker is typically the beneficiary, not the petitioner, for the classifications processed using Form I-129.
When Do Employers Need to File Form I-129?
Form I-129 is required when an employer is:
- Hiring a foreign worker for the first time
- Requesting an extension of a worker authorized stay
- Requesting a change of the worker immigration status
- Reporting material changes to the worker employment terms that require USCIS approval
Which Visa Classifications Use Form I-129?
Form I-129 is used for many employment-based nonimmigrant visa categories, including but not limited to:
Each classification may require additional supplements and supporting documentation.
Is Form I-129 a Visa?
No. Form I-129 is a petition filed with U.S. Citizenship and Immigration Services (USCIS), not a visa. If a visa is required, it is typically obtained after USCIS approves the petition, through the U.S. Department of State at a U.S. embassy or consulate. Once admitted to the United States, the worker Form I-94 governs the authorized period of stay and status.
Can a Worker File Form I-129 for Themselves?
No. A worker cannot file Form I-129 on their own behalf. Form I-129 must be filed by a U.S. employer, U.S. agent, or other qualifying petitioner, depending on the visa classification. The foreign national worker is listed as the beneficiary, not the petitioner.
Any suggestion that a worker can independently apply for an I-129–based work visa without a sponsoring petitioner is incorrect.
Can Form I-129 Be Filed Online?
In some cases, yes. USCIS allows online filing for certain Form I-129 classifications, depending on the visa category and current system availability. When online filing is available, USCIS system guides petitioners through the submission and payment process.
Not all Form I-129 petitions can be filed online, and many classifications still require paper filing by mail. Petitioners should always confirm filing options on the USCIS website before submitting.
Where Do I Mail Form I-129?
USCIS uses direct filing addresses for Form I-129 that vary by visa classification and, in some cases, by the state where the petitioner is located. USCIS publishes a resource titled "Direct Filing Addresses for Form I-129", and most petitions are submitted to USCIS lockbox facilities.
Because filing addresses can change, petitioners should always confirm and use the current USCIS address designated for their specific classification before mailing the petition.
What Is the "Edition Date" and Why Does It Matter?
USCIS requires petitioners to file the currently accepted edition of each form. The Form I-129 webpage lists the valid edition date, which appears at the bottom of the form. USCIS may reject or return a filing submitted using an unaccepted or outdated edition of the form.
What Supporting Evidence Is Required?
Required supporting evidence depends on the visa classification and whether the petition is requesting an initial classification, an extension of stay, a change of status, or an amendment due to changed employment.
For extensions of stay and changes of status, USCIS requires evidence that the beneficiary has maintained lawful status in the United States throughout their stay.
What Documents Are Commonly Used to Show Maintenance of Status in the U.S.?
USCIS provides examples of documents that may be used to demonstrate maintenance of status, depending on the beneficiary circumstances. Common examples include:
- Copies of the beneficiary most recent pay stubs (if employed)
- Form W-2 or IRS tax return transcripts for recent years (if applicable)
- A copy of the beneficiary Form I-94
- Copies of the beneficiary passport, travel document, or prior approval notices
These examples are not exhaustive. USCIS may require additional or different evidence based on the visa classification and the beneficiary specific immigration history.
If the Worker Is Already in the U.S., Do I Need Form I-94?
Yes. When filing Form I-129 for a foreign national already in the United States, USCIS requires a copy of the beneficiary Form I-94, which shows the worker current immigration status and authorized period of stay.
USCIS instructions also indicate that petitioners should submit a supporting letter explaining the reason for the extension or change, along with any additional evidence demonstrating continued eligibility.
How Are Filing Types (New, Amendment, Extension) Defined?
- New Employment: Filed for a worker who is currently outside the U.S. or in the U.S. under a different classification than the one previously approved.
- Amendment: Filed when there is an existing approved petition, but the job duties, work location, employer structure, or other material terms of employment have changed in a way that requires USCIS notification and approval.
- Extension: Filed to continue the same employment under the same classification beyond the current expiration date, generally with updated evidence showing continued eligibility.
Can the Worker Start Working as Soon as We File?
It depends on the visa classification and the worker current immigration status. In many cases, the worker may not begin employment until USCIS approves the petition. Some classifications and situations allow limited continued or new employment authorization, such as certain extension or portability scenarios, but these exceptions are narrowly defined and category specific.
What Happens If a Petition Is Missing Evidence or Has Errors?
If a Form I-129 filing contains basic errors, such as an incorrect filing fee, use of an unaccepted form edition, or missing required signature, USCIS may reject the petition and return it without processing.
If USCIS accepts the filing but determines that required evidence is missing, incomplete, or unclear, it may issue a Request for Evidence (RFE) or other notice requesting additional documentation. USCIS fee guidance also cautions that submitting incorrect fees can result in rejection.
How Long Does Form I-129 Take to Process?
Processing times for Form I-129 vary widely depending on the visa classification, the USCIS service center handling the petition, current workload, and whether USCIS issues a request for additional evidence. The most reliable way to estimate processing time is to use the USCIS Processing Times tool and select the appropriate form, classification, and service center.
What Is Premium Processing and How Do I Request It?
Premium Processing is an optional expedited service offered by USCIS for certain eligible petitions and requests, including specific Form I-129 classifications. When Premium Processing is available, USCIS guarantees that it will take action on the petition, such as approval, denial, or a request for evidence, within the designated processing timeframe.
To request Premium Processing, petitioners must file Form I-907, Request for Premium Processing Service, and pay the required fee. Form I-907 may be filed concurrently with Form I-129 or submitted after the petition has been filed, if permitted for the specific classification.
Does Premium Processing Guarantee Approval?
No. Premium Processing does not guarantee approval. It guarantees that USCIS will take a qualifying action on an eligible petition within the premium processing timeframe. That action may be an approval, denial, or a request for additional evidence, depending on USCIS review.
If Multiple Fees Apply, Can They Be Paid Together?
It depends on the visa classification and the specific fees required. In some cases, USCIS allows multiple fees to be combined into a single payment. In other situations, the USCIS fee schedule and Form I-129 instructions require separate payments for certain add-on fees.
Because improper payment can result in rejection, petitioners must carefully follow the category-specific payment instructions in the USCIS fee schedule and the Form I-129 instructions to ensure fees are submitted correctly.
Do I Need to Pay an Asylum Program Fee?
Often, yes. The Asylum Program Fee applies to many employment-based filings, including multiple Form I-129 classifications, but whether it is required depends on the petitioner type and the specific classification.
What Are the Most Common Reasons Form I-129 Filings Are Rejected or Delayed?
Form I-129 petitions are often rejected or delayed due to filing errors such as using an outdated form edition, submitting the wrong filing fees, mailing the petition to an incorrect address, missing required supplements, or failing to include evidence of maintenance of status for extensions or changes of status.
What Should Be Included in an Extension of Stay Support Letter?
For an extension of stay, USCIS instructions indicate that petitioners should include a support letter explaining the reason for the extension, along with a copy of the beneficiary Form I-94 and any additional evidence required for the specific classification.
A well-prepared support letter typically:
- Restates the beneficiary job role and duties
- Confirms the beneficiary continued eligibility for the classification
- Explains why the extension is needed
- Clearly references and organizes the supporting exhibits submitted with the petition
Can We File One Petition for Multiple Workers?
It depends on the visa classification. Some Form I-129 categories allow multiple beneficiaries on a single petition, while others require separate filings for each worker. Rules and limits vary by classification.
