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  4. Petition for a Nonimmigrant Worker

I-129, Petition for a Nonimmigrant Worker

Alert: For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker).

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or we will reject the entire package.

USCIS is transitioning to electronic processing of immigration benefit requests. As we complete this transition, USCIS will be using multiple systems to receipt and process various types of immigration benefit requests. Because H-1B and H-1B1 petitions and related applications are not all processed in the same system, USCIS requires a separate payment instrument for each of these forms. USCIS acknowledges that using multiple checks or payments for H-1B and H-1B1 petitions and related applications is more burdensome than using one payment. USCIS is always analyzing its forms, practices, and policies to streamline filing and reduce, minimize and control burdens to submit requests.  However, USCIS believes that the advantages of electronic processing to both the agency and to the public outweigh the minor impacts of submitting individual fee payments.

Petitioners use this form to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an 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 or R-1 nonimmigrant worker. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.

What This Form Can Help You Do

Change My Employment-Based Nonimmigrant Status
E Visas (E-1, E-2, and E-3) for Temporary Workers
Extend My Authorized Period of Stay as an Employment-Based Nonimmigrant
H-1B Visa for Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models (Temporary Workers)
H-2A, H-2B, and H-3 Visa
L Visas (L-1A and L-1B) for Temporary Workers
O-1 Visa, Individuals with Extraordinary Ability or Achievement
P-1A Visa
P-1B Visa
P-2 and P-3 Visa
Q Visa, Cultural Exchange
R-1 Visa, Temporary Nonimmigrant Religious Workers

Forms and Document Downloads

Form I-129 (PDF, 1.9 MB)
Instructions for Form I-129 (PDF, 1.2 MB)
Optional Checklist for Form I-129 H-1B Filings (PDF, 255.65 KB)
Optional Checklist for Form I-129 H-2A Filings (PDF, 257.68 KB)
Optional Checklist for Form I-129 H-2B Filings (PDF, 259.18 KB)
Optional Checklist for Form I-129 R-1 Filings (Religious Workers) (PDF, 361.67 KB)
Dictionary of Occupational Titles (DOT) Codes (PDF, 123.74 KB)

Form Details

Edition Date

03/10/21. We will publish a new edition of this form soon. In the meantime, you may continue using the 03/10/21 edition despite the expiration date. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Where to File

See Direct Filing Addresses for Form I-129, Petition for Nonimmigrant Worker.

Filing Tips for Form I-129, Petition for a Nonimmigrant Worker

Complete all sections of the form.

Don’t forget to sign your form! We will reject any unsigned form.

Filing Fee
$460.

You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

Checklist of Required Initial Evidence (for informational purposes only)

View the checklist of required initial evidence.

Special Instructions

Inadmissibility on Public Charge Grounds final rule implementation 

Petitioners requesting an extension of stay or change of status on behalf of aliens who are subject to the new public benefit condition do not need to report the receipt of public benefits on Form I-129 if such benefits are received before Feb. 24, 2020. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020.

Duplicate Copies:

Please provide a duplicate copy of Form I-129 and all supporting documentation at the time of filing if the beneficiary is seeking a nonimmigrant visa abroad, a change of status, or an extension of stay. Additionally, please provide duplicate copies of all documents sent to us in response to a Request for Evidence or Notice of Intent to Deny. We will not make duplicate copies.

Failure to submit duplicate copies may cause a delay in the Department of State issuing a visa abroad. To speed processing, copies should be double-sided and bound with a single binder clip. Please do not include staples, ribbons, or tabbed dividers in the duplicate copy.

Extension of Stay Requests for Beneficiaries Who Entered the United States Based on an Approved Blanket L Petition:

All petitioners requesting an extension of stay for a beneficiary who entered the United States based on an approved blanket L petition must file the following:

  • Form I-129, Petition for a Nonimmigrant Worker,
  • Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 edition only), and
  • A copy of their previously approved Form I-129S.

We may reject any Form I-129 for an L-1 blanket extension of stay request that does not also include Form I-129S.

Change of Status Request for Beneficiaries Who are in the United States:

All petitioners requesting a change of status to L-1 based on an approved blanket L petition for a beneficiary who is currently in the United States must file the following:

  • Form I-129, Petition for a Nonimmigrant Worker, and
  • Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 edition only).

We may reject any Form I-129 for an L-1 blanket change of status request that does not also include Form I-129S.

Evidence of Petition Approval Needed When Traveling:

Along with a valid passport and visa (if applicable), the alien beneficiary should carry the following documents when traveling to the United States:

  • Form I-797 USCIS petition approval notice; or
  • A copy of the approved Form I-129S (if applicable)

The beneficiary should present this documentation to U.S. Customs and Border Protection when seeking entry or re-entry into the United States in the approved Form I-129 employment classification.

Evidence of a petition approval is not a visa and the beneficiary must possess the appropriate nonimmigrant visa, if one is required, before applying for admission into the United States.

Form I-94 Validity:

When the beneficiary with an approved Form I-129 is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.

If the expiration date on Form I-94 ends before the end of Form I-129's validity period (as shown on Form I-797 approval notice) one of the following must occur before the expiration date on Form I-94 or as noted in the passport or travel document:

  • A petitioner must file a request for an extension of stay on behalf of the beneficiary using Form I-129; or
  • An application for some other immigration benefit that would allow the beneficiary to remain in the United States must be filed; or
  • The beneficiary must depart the United States.

If the nonimmigrant worker’s stay is limited as described above, any dependent family members who accompanied or followed to join the beneficiary must also:

  • Request an extension of stay using Form I-539;
  • Apply for some other immigration benefit that would allow the family member to remain in the United States; or
  • Depart the United States, before the expiration date on the family member’s Form I-94 or the date noted in the family member’s passport or travel document.

Part 6 - Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States:

Petitioners must complete Part 6 of Form I-129 if they are seeking to classify a nonimmigrant worker as H-1B, H-1B1 Chile/Singapore, L-1, and O-1A. Part 6 is not required for petitions for all other classifications, including but not limited to blanket L petitions (LZ). See our Part 6 of Form I-129: Frequently Asked Questions for more information.

Troubled Asset Relief Program:

Employers who received funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (“covered funding”) are no longer required to answer question 1d in Part A of the H-1B Data Collection and Filing Fee Exemption Supplement.

For Residence in the Commonwealth of the Northern Mariana Islands (CNMI):

You must follow additional guidance if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information, please visit the grants of status webpage.

When completing Form I-129, please list your CNMI P.O. box when asked for a street or physical address. File your petitions for employment or services in the CNMI, regardless of classification, with the California Service Center.

U.S. Postal Service (USPS):

California Service Center
P.O. Box 10698
Laguna Niguel, CA 92607-1098

FedEx, UPS, and DHL deliveries:

California Service Center
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677

Related Links
  • Temporary (Nonimmigrant) Workers - General Information
  • H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
  • VIBE Program

Forms Information

  • Direct Filing Addresses for Form I-129, Petition for Nonimmigrant Worker
  • Part 6 of Form I-129: Frequently Asked Questions
  • I-907,Request for Premium Processing Service

H-1B and L-1 Information

  • H-1B Cap Season
  • Filing Multiple L-1 Intracompany Transferee Petitions Related to the Same Project

More Information

  • Immigrant Visa Petitions Returned by the State Department Consular Offices
  • Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
  • CNMI: Grants of Status
  • Public Charge
Last Reviewed/Updated:
05/18/2022
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