Work and Employment
Form I-129, explained
Form I-129 is an immigration form that is included with most non-immigrant US visas. In this guide, we'll explain how to complete Form I-129 step-by-step, which documents you will need to include for each visa type, and where to send Form I-129.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
12 min read • April 10, 2024
Key takeaways
Form I-129 is a very common immigration form used for the majority of non-immigrant visas to the US.
Form I-129 will provide the US Government with all of your key biographical information. Plus, it must be accompanied with evidence which varies from visa to visa.
The filing address for Form I-129 varies by visa type.
We always recommend hiring an experienced immigration lawyer for your I-129 form and document package assembly. Manifest attorneys are experienced with all non-immigrant visas to the US.
Form I-129 is used for many non-immigrant visa petitions. This form is completed by the employer seeking to bring a talented individual to work in the U.S.
Here's the catch – filling out Form I-129 is just the beginning. You'll need to gather lots of documents and evidence to support the visa application.
Form I-129, also known as the “Petition for Nonimmigrant Worker,” is a document used by employers seeking to bring nonimmigrant workers to the United States for temporary employment purposes.
This form covers various visa categories, including:
Employers complete Form I-129 to provide details about themselves, the intended employment, and the foreign worker.
Once approved by the United States Citizenship and Immigration Services (USCIS), this form allows the foreign worker to apply for a visa at a U.S. consulate or embassy abroad.
Alternatively, if the individual is already in the U.S. under a different status, they can adjust or extend their status to match the specific visa category requested.
You can download form i-129 below for free.
Understand the instructions: Take your time to read through the instructions provided with the form. They'll guide you through each section. See below.
Gather your information: Collect all the necessary details about the employer, the job being offered, and the foreign worker.
Fill out the I-129 form: Complete each section of Form I-129 accurately. Provide information about the employer, the job position, and details about the foreign worker.
Attach supporting documents: Include any required documents specified in the instructions, such as job offer letters or contracts.
Pay the filing fee: Check the current filing fee for Form I-129 and submit it along with your completed form.
Submit the form: Mail the completed form and fee to the address provided in the instructions.
Wait for processing: USCIS will review your application. This process may take some time, so be patient!
Receive a decision: Once USCIS has reviewed your application, you'll receive a decision. If approved, you'll get a notice of approval.
Proceed with the visa application: If the petition is approved, the foreign worker can apply for a visa at a U.S. consulate or embassy abroad. If they're already in the U.S. under a different status, they can adjust or extend their status.
Remember to follow the instructions for the I-129 form carefully and provide accurate information to avoid delays or complications in the process.
If you're unsure about anything, reach out to us at Manifest Law. Our immigration lawyers have extensive experience with filing Form I-129 and handling all major visa applications.
See an example of form i-129 below:
Alongside Form I-129, specific documentation and evidence are required to be submitted when petitioning for certain nonimmigrant worker classifications.
The paperwork and evidence needed can differ based on the type of visa you're applying for. Take a look at the checklists below for the major US visa types to see what you'll need:
E1 Visa:
Proof that the E-1 trader will do significant trading between the U.S. and their home country. For E-1 employees, evidence is needed showing they'll mainly have managerial roles or special skills needed for the business.
Evidence that the applicant has been legally staying in the U.S.
Details about the E-1 trader's ownership and nationality.
Documents showing there's substantial trade happening.
If needed, submit Form I-907 to request faster processing.
Proof that you’ve written things about your work that got published
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E2 Visa:
Show that the E-2 investor will be running and growing a U.S. business they've invested in or are planning to invest in a significant amount of money.
For E-2 employees, evidence is needed that they'll mainly have managerial roles or possess special skills crucial for the business.
Provide proof of legal stay in the U.S.
Share information about the U.S. business's ownership and where it's located.
Provide evidence of the nationality of the E-2 investor or employee.
Show that a substantial amount of money has been invested in the business.
If needed, submit Form I-907 to ask for quicker processing.
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H1B Specialty Occupation Worker
Show that the person seeking a change or extension of their stay has maintained their legal status in the U.S.
Provide evidence that the job they're applying for qualifies as a specialized occupation.
Demonstrate that the person is qualified to perform the specialized job. If required, include a copy of any license or official permission needed for the person to work in the specific occupation in the intended state.
Include a copy of any written employment contract or a summary of the agreed terms if the arrangement is oral.
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L1 Intracompany Transferee
Show that the person has legally maintained their status in the U.S. (if needed).
Provide evidence of the relationship between the U.S. and foreign employers, including ownership and control details.
Describe the job responsibilities and qualifications for the proposed position.
Show that the job offered is either executive, managerial, or requires specialized knowledge.
If applicable, provide evidence that the person worked in an executive, managerial, or specialized role abroad for at least one year.
Describe the person's job duties and qualifications from their employment abroad.
If needed, submit Form I-907 to request faster processing.
For new office petitions with a managerial or executive role (L-1A):
Detail the proposed job duties and qualifications.
Show evidence of securing a suitable physical location for the business.
Provide evidence that the person worked in a managerial or executive role for at least one continuous year in the three-year period before filing the petition.
Show that the proposed job will involve managerial or executive responsibilities.
Provide evidence that the U.S. operation will be capable of supporting a managerial or executive position within one year.
For new office petitions with a specialized knowledge role (L-1B):
Describe the proposed job duties and qualifications.
Show evidence of securing an appropriate physical location for the business.
Provide evidence that the employer has the financial means to pay the person and start operations in the U.S.
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O1 Visa:
A written endorsement from a professional group or labor organization knowledgeable in the field. For individuals with extraordinary achievements in film or TV, separate endorsements are required from relevant industry organizations.
A copy of any written employment contract or a summary of the agreed-upon terms if the arrangement is verbal.
Details about the nature, dates, and itinerary of the events or activities the person will be involved in.
Evidence showcasing the person's extraordinary talent or achievements in their field of expertise.
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TN Visa:
Proof that you've maintained your legal status if you're applying for a change of status or extension of stay.
For Canadian citizens outside the U.S. or seeking a change of status to TN:
Evidence that you'll be conducting professional business activities.
Proof of your professional qualifications.
For Canadian or Mexican citizens requesting an extension of stay:
Evidence that your current employment will continue.
Proof that you still have the necessary professional qualifications, including any required licenses.
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Visit the USCIS website to find the checklist of Required Initial Evidence for Form I-129 for other visa types.
To file Form I-129, you'll need to send it to the United States Citizenship and Immigration Services (USCIS). The address you should use depends on the type of visa you're applying for and whether the beneficiary will be inside or outside the United States.
Below are the specific addresses for filing Form I-129 based on visa type:
For H-1B, H-2A, H-2B, H-3, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, and TN visas, as well as for CW-1:
For regular mail: USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012
For express mail and courier deliveries: USCIS California Service Center, ATTN: I-129, 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677
For E-1 and E-2 visas:
USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012
For E-3 visas:
For regular mail: USCIS Dallas Lockbox, P.O. Box 660061, Dallas, TX 75266
For express mail and courier deliveries: USCIS Dallas Lockbox, ATTN: I-129, 2501 S. State Hwy. 121, Business Suite 400, Lewisville, TX 75067
For L-1 visas:
For regular mail: USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012
For express mail and courier deliveries: USCIS California Service Center, ATTN: I-129, 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677
For certain individuals in lawful nonimmigrant status and would like to apply for employment authorization, H-1B1 (Chile/Singapore) Free Trade, or treaty-based nonimmigrant traders and investors:
USCIS California Service Center, P.O. Box 10129, Laguna Niguel, CA 92607-1012
When filing Form I-129, make sure to use the correct mailing address based on the specific visa type and the delivery method you choose. Always refer to the USCIS website for the most up-to-date information on filing addresses and instructions.
Below are the fees associated with Form I-129 as of April 1, 2024:
E, H-3, P, Q, R*, TN visas
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$1,015
$510
$510
*R Visas are generally only for nonprofits
H1-B visa
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$780
$460
$460
L1 visa
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$1,385
$695
$695
O1 visa
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$1,055
$530
$530
H2A visa (named beneficiaries)
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$1,090
$545
$545
H2A visa (unnamed beneficiaries)
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$530
$460
$460
H2B visa (named beneficiaries)
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$1,080
$540
$540
H2B visa (unnamed beneficiaries)
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
Fee
$580
$560
$560
Please note that these fees can change, so it's essential to verify the current fees on the USCIS website or consult with an immigration lawyer for the most accurate information.
With Premium Processing, USCIS guarantees to process your petition within 15 calendar days. This is useful if you need a quick decision on your petition, especially if you have upcoming employment or travel plans.
For Premium Processing, you need to submit Form I-907 along with your Form I-129 petition and pay the additional fee of $2,500.
The processing time for Form I-129 can vary based on factors like your visa category, where your application is processed, and any existing backlog can influence the timeline.
For the most accurate information on how long your Form I-129 might take to process, you should visit the USCIS website and use their "Check Case Processing Times" tool. This tool lets you select your specific form and the processing center to get an estimate of the processing time.
Remember, these times can change, so it's a good idea to check back regularly for updates.
Whether you can stay in the U.S. while your I-129 form is being processed depends on your current immigration status and the type of visa you're applying for.
If you're already in the U.S. and you're applying to change or extend your nonimmigrant status (like switching from tourist to work visa), you might be able to stay here while your application is reviewed. Just make sure to maintain your current status until the change or extension is approved.
If you're outside the U.S. when your petition is approved, you'll need to visit a U.S. consulate or embassy in your home country to get your visa before returning.
For personalized advice, it’s recommended to speak with an immigration lawyer. Our team at Manifest Law can review your specific situation and help you understand any rules or restrictions that may apply to you.
Traveling outside the U.S. while your Form I-129 petition is pending really depends on your situation.
If you have a valid visa, you can usually travel and return using that visa while your petition is pending. But, be prepared for possible questions when you come back.
If you're applying to extend your H-1B or L-1 visa, you can typically travel and re-enter with your existing visa and a receipt notice from USCIS showing your pending Form I-129.
However, if you're changing to a different visa status and your application is still pending, leaving the U.S. could complicate things. It might be seen as giving up on your application.
Before traveling, it's a good idea to check with the International Faculty & Scholars Services (IFSS) to understand any potential impacts on your petition. And remember, for specific advice tailored to your situation, it's always best to consult with an immigration lawyer.
After Form I-129 is approved, the specific next steps depend on the type of nonimmigrant visa you applied for and your current circumstances.
Generally speaking, below are the steps you’ll need to take once the I-129 form is approved:
Approval Notice: You'll first receive a notice confirming your approval from USCIS. This notice contains details like the duration of your stay and any conditions on your visa.
Change of Status: If you applied for a change of status within the U.S., you can stay and start your new status once it's approved.
Visa Application: If you're outside the U.S., you'll need to apply for a visa at a U.S. consulate or embassy in your home country using your approval notice.
Employment Authorization: Depending on your visa, you might get an Employment Authorization Document (EAD) allowing you to work legally in the U.S.
If your Form I-129 is denied by USCIS, it means your application has been turned down, and you won't get the benefits you applied for, like a change of status or an extension of your visa.
USCIS will send you a formal notice explaining why your application was denied. This notice will tell you if you can appeal the decision and how long you have to do it.
If your Form I-129 is denied, don't worry—there are steps you can take:
Appeal the Decision
If you think there's been a mistake, you can appeal the decision within the time frame given in your denial notice. This involves providing more evidence or arguments to support your case.
Reapply
Sometimes, the denial is due to missing documents or other fixable issues. You can try reapplying, making sure to address any concerns USCIS had the first time around.
Explore other visa options
If appealing or reapplying isn't an option, you could look into different visa categories or other immigration options that suit your situation.
Remember, a denial doesn't mean the end of your journey. There's always a way forward, and we're here to help you navigate it.
Reach out to us at Manifest Law for a free consultation. We'll listen to your story, explore your options, and work together to find the best path forward for you.
To check the you I-129 status, you can follow these steps:
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This status may include information such as whether your petition is pending, approved, or denied, as well as any additional steps or actions required.
When you're dealing with Form I-129, there's a lot more to it than just filling out the form. Immigration lawyers can help gather and organize all the documents and evidence needed to support your application, making sure nothing gets missed and everything is presented correctly to USCIS.
Even small mistakes on your Form I-129 can cause big delays or even lead to your visa being denied. But with a lawyer by your side, they'll review your application carefully to catch any errors and make sure everything is in order, reducing the chances of delays.
Let's face it—dealing with immigration stuff can be really overwhelming. But hiring an immigration lawyer means you've got someone who knows the ins and outs of the process, guiding you every step of the way and giving you peace of mind that everything is being handled right.
If you need help filing Form I-129 and completing your visa application, reach out to us at Manifest Law. Our team of immigration lawyers have extensive experience with all visa types. We provide flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply).
Book your free consultation today and explore your options.
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