I-129, Petition for a Nonimmigrant Worker
Alert: If you are an H-1B or an L-1 nonimmigrant and your dependent spouse or child is applying for an extension of their existing H-4 or L-2 status, or a change of status to H-4 or L-2, we will adjudicate your dependent spouse or child’s application together with your Form I-129 if the Form I-539 is packaged together with and properly filed at the same time and in the same location as your Form I-129. This means that an officer will review the H-4 or L-2 derivative’s Form I-539 after reviewing the principal’s Form I-129 and will take appropriate adjudicative action (that is, issue an approval, denial, RFE, NOID or refer for an investigation) after that adjudicative review. This includes a Form I-765 filed by your dependent spouse for an employment authorization document based on H-4 or L-2 status, as applicable. If your dependent’s associated applications are not properly submitted together with your I-129, we will adjudicate them separately.
Alert: As of Aug. 11, 2022, we no longer require petitioners to submit a duplicate copy of Form I-129, Petition for a Nonimmigrant Worker, or a duplicate copy of any of the supporting documentation, unless we specifically ask you to do so. Due to enhanced electronic scanning capabilities and data-sharing with the U.S. Department of State, duplicate copies are no longer needed to avoid delays in consular processing.
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 a noncitizen.
Form Details
Dates are listed in mm/dd/yy format.
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You can pay the fee with a money order, personal check, cashier’s check, or pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make it payable to the U.S. Department of Homeland Security.
When you send a payment, you agree to pay for a government service. Filing and biometric services fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.
Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.
View the checklist of required initial evidence.
Complete all sections of the form.
Filing Tips: Review our Tips for Filing Forms by Mail page for information on how to ensure we will accept your form.
Don’t forget to sign your form. We will reject any unsigned form.
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; 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 Requests for Beneficiaries Who are in the United States Based on an Approved Blanket L Petition
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.
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 noncitizen beneficiary should carry the following documents when traveling to the United States:
- Form I-797, Notice of Action, stating we approved the petition; 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, Arrival/Departure Record, 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, Notice of Action) 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;
- The beneficiary must file an application for some other immigration benefit that would allow them to remain in the United States; 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:
- Timely request an extension of stay using Form I-539;
- Timely 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 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 our Grants of Status page.
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
- Temporary (Nonimmigrant) Workers - General Information
- H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
- VIBE Program
Forms Information
H-1B and L-1 Information
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