I-129, Petition for a Nonimmigrant Worker
Instructions:
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 pages
Instructions: 16 pages
Edition Date: 10/26/05. 3/17/05 version also accepted.
Where to File:
In most cases, file this form with the Service Center responsible for the state in which the employment or training will be performed.
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 Nebraska Service Center.
Filing Fee:
Base Fee: $190
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. The $500 Fraud Prevention and Detection Fee is never required for petitions for H-1B1 Free Trade Nonimmigrants from Chile or Singapore.
The new Form I-129 captures important and newly required information related to H-1B and L nonimmigrants and their U.S. employers. The new information collected will enable USCIS and employers to determine the proper fee(s) that are required when filing H-1B and L petitions, and will also allow USCIS to track and manage the yearly numerical cap for H-1B petition approvals more effectively. In addition, the new Form I-129 changes to the Instructions and the Form bring it completely up-to-date regarding all nonimmigrant classifications requested through use of the Form I-129.
Please consult the "Paying Fees" section of your local office or Service Center page to learn which forms of payment are accepted. Acceptable forms of payment may vary by office.
Note that premium processing fees are optional and additional (see form I-907).