Complete Guide to Form I-129

Executive Summary: Form I-129

What are Form I-526 and Form I-526E?

Since Form I-129 is typically filed by the sponsoring employer on the foreign worker's behalf, the employer is responsible for the filing costs during the process. As mentioned above, if you opt for premium processing, there is an additional $2805 fee.

Paying the Asylum Program Fee

The Asylum Program Fee applies to all Form I-129 visa classifications. The table below explains a petitioner’s Asylum Program Fee obligation.

Processing Time for Form I-129 and Premium Processing

Top Ten Tips for Completing Form I-129

Form I 129 FAQ

This FAQ is for employers and agents using Form I-129, Petition for a Nonimmigrant Worker to sponsor a worker for certain temporary work visa classifications. USCIS lists the form edition date and confirms the form is used for many nonimmigrant worker categories.

Basics

1) What is Form I-129 used for

Form I 129 is the main USCIS petition many employers use to request nonimmigrant worker classification for a foreign national so they can work in the United States in an eligible category. USCIS describes it as the petition for a nonimmigrant worker and lists multiple classifications supported by the form.

2) Who files Form I-129

In most cases, a US employer files. Some categories allow a US agent to file in limited circumstances. The worker is usually the beneficiary, not the filer, for the classifications USCIS processes via this petition.

3) Which visa categories can use Form I 129

USCIS lists many classifications on the Form I 129 page, including examples like H 1B, L 1, O, P, Q, R, and others, depending on the situation and subcategory. Always confirm your specific classification and any required supplements before filing.

4) Is Form I-129 a visa

No. Form I 129 is a petition to USCIS. A visa, if required, is typically obtained later through the Department of State at a consulate after USCIS approval.

5) Can a worker file Form I-129 for themselves

Usually no. Most categories require an employer or qualifying petitioner. If someone tells you the worker can simply “apply for the work visa” without a petitioner, that is often incomplete or wrong for I-129 categories.

Filing options and where to file

6) Can Form I-129 be filed online

Sometimes. USCIS indicates that certain forms can be filed online and that online systems guide payment when available. Whether online filing is available depends on the specific I-129 classification and USCIS system availability.

7) Where do I mail Form I-129

USCIS uses direct filing addresses that vary by classification and sometimes by the state where the petitioner is located. USCIS maintains a “Direct Filing Addresses for Form I 129” resource and notes most petitions are filed at USCIS lockbox facilities. Always use the current USCIS address list for your classification.

8) What is the “edition date” and why does it matter

USCIS requires you to file the current accepted edition of the form. The Form I 129 page lists the edition date and USCIS can reject filings on an unaccepted edition.

10) What “additional fees” might apply on top of the base filing fee

Common add-ons depend on the classification.

Examples shown on USCIS fee schedules include:

• Asylum Program Fee amounts that vary by whether you file as a regular petitioner, nonprofit, or small employer.
• Fraud Prevention and Detection fee for certain H 1B and L filings in specific situations described in the fee schedule.
• ACWIA fee for many H 1B filings unless exempt, with amounts tied to employer size.
• A separate Public Law 114 113 fee in certain high headcount H 1B and L 1 contexts.

11) Are there different fees for small employers or nonprofits

Yes. The USCIS fee schedule entries for multiple I 129 categories show separate amounts for small employers or nonprofits versus other petitioners.

Evidence and supporting documents

12) What supporting evidence is required

It depends on the classification and whether you are requesting:

• initial classification
• an extension of stay
• a change of status
• an amendment for changed employment

USCIS instructions emphasize that for all classifications, when requesting a change of status or extension of stay, you must include evidence the beneficiary maintained status, and examples of such evidence are listed.

13) What documents are commonly used to show maintenance of status in the US

USCIS instructions give examples such as:

• copies of the last two pay stubs if employed
• Form W 2
• IRS transcripts of federal individual income tax returns for recent years
• and a copy of the beneficiary’s Form I 94 plus passport, travel document, or approval notice

USCIS notes these as examples and expects other relevant evidence as needed.

14) If the worker is already in the US, do I need the Form I-94

For an extension of stay request, USCIS instructions say a petition requesting extension for an employee in the United States must include a copy of the beneficiary’s Form I-94 and a letter explaining the reasons for the extension.

15) Do dependents file on Form I-129 too

Usually no. USCIS instructions say dependent family members generally use Form I-539 to apply for a change of status or extension of stay.

16) Are there classification specific “consultation” requirements

Yes, for some categories. USCIS instructions note that certain classifications, including O and P in some cases, require a written consultation from an appropriate peer group, labor organization, or management organization, and encourage submitting it up front to avoid delays.

Petition types and common scenarios

17) What is the difference between a new petition, an amendment, and an extension

Practical distinctions:

• New petition: first time the employer is requesting that worker’s classification with that employer, or a new classification.
• Amendment: you already have an approval but the job or employment terms changed in a way that requires USCIS notification and approval.
• Extension: continuing the same employment beyond the current end date, often with updated evidence and continued eligibility.

USCIS instructions discuss different evidence expectations depending on whether you are filing for a new or changed employment situation versus an unchanged extension.

18) Can the worker start working as soon as we file

It depends heavily on the category and the worker’s current status. Many situations require approval first, while some allow work authorization rules like portability in limited cases. Treat “you can work immediately upon filing” as a red flag unless you have a category specific basis.

19) What happens if the petition is missing evidence or has errors

USCIS can reject a filing for basic issues like wrong fee or wrong edition date, or it can accept it and later issue a Request for Evidence if required documents are missing or unclear. The fee schedule also warns that incorrect fees can lead to rejection.

Processing and premium processing

20) How long does Form I -29 take to process?

Processing times vary widely by classification, service center, workload, and whether USCIS requests additional evidence. The best way to estimate is to use the USCIS processing times tool for your classification and service center.

21) What is premium processing and how do I request it

Premium processing is an expedited service for certain petitions and requests. USCIS states you use Form I 907 to request premium processing service for eligible filings.

22) Does premium processing guarantee approval

No. It generally guarantees USCIS will take a qualifying action within the premium timeframe for eligible cases, but that action can be approval, denial, or an evidence request, depending on what USCIS determines.

Fees and payment mechanics

23) If multiple fees apply, can I pay them together

Sometimes yes, sometimes no. USCIS fee schedule language for certain add on fees specifically instructs submitting separate payments in some situations and explains payment options and mechanics. Follow the category specific directions in the fee schedule and the form instructions to avoid rejection.

24) Do I need to pay an “Asylum Program Fee”

Often yes for many employment based filings, but it depends on the petitioner type and classification. The USCIS fee schedule shows this fee as an additional fee across multiple I 129 categories and lists different amounts for regular petitioners, nonprofits, and small employers.

Practical pitfalls

25) What are the most common reasons Form I 129 filings get rejected or delayed

Common themes:

• wrong form edition date or incomplete form
• wrong filing address
• incorrect fee amount or wrong payment formatting when separate payments are required
• missing required supplements for the classification
• missing evidence of maintenance of status for change of status or extension requests

26) What should we include in an extension of stay support letter

USCIS instructions indicate an extension filing should include a letter explaining the reasons for the extension, alongside Form I94 and other listed evidence depending on the classification. A strong letter typically restates the role, confirms continued eligibility, and maps exhibits to requirements.

27) Can we file one petition for multiple workers

Some categories allow multiple beneficiaries per petition and USCIS fee schedule notes limits in certain categories, for example O-2 and others, and H-2 filings have different rules depending on named vs unnamed workers.