I-129, Petition for a Nonimmigrant Worker
Alert: As of April 1, 2022, we will no longer accept a single, combined fee payment when filing 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, together with a Form I-129, Petition for a Nonimmigrant Worker.
As of April 1, 2022, we will no longer accept a single, combined fee payment when filing of 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, together with a Form I-129, Petition for a Nonimmigrant Worker.
Separate payments are required for each of these forms. If the payments for these forms are combined, we will reject the entire package.
We are transitioning to electronically processing immigration benefit requests. As we complete this transition, we will be using multiple systems to receive and process various types of immigration benefit requests. Because the Form I-129 and related applications are not all processed in the same system, we require a separate payment instrument for each of these forms.
We acknowledge that using multiple checks or payments for the Form I-129 and related applications is more burdensome than using one payment. We are always analyzing our forms, practices, and policies to streamline filing and reduce, minimize, and control burdens to submit requests. However, we believe that the advantages of electronic processing to both the agency and to the public outweigh the minor inconvenience of submitting individual fee payments.
We will also not accept a single, combined fee payment when you file Form I-129 with Form I-907, Request for Premium Processing Service. If you submit a single, combined fee payment for these forms, we will also reject the entire package.
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.
What This Form Can Help You Do
Form Details
Dates are listed in mm/dd/yy format.
See Direct Filing Addresses for Form I-129, Petition for Nonimmigrant Worker.
Filing Tips for Form I-129
Complete all sections of the form.
Don’t forget to sign your form. We will reject any unsigned form.
You may pay the fee with a money order, personal check, or cashier’s check. You may also 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 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.
View the checklist of required initial evidence.
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 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
- 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
More Information