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A Complete Guide to Form I-129: Petition for a Nonimmigrant Worker

Learn everything you need to know about Form I-129 for U.S. employment-based visas. Includes filing steps, costs, document requirements, and more.

blog-author David A. Keller, Esq.

Key takeaways

Form I-129 is used to petition for various work visas like H-1B, L-1, and O-1.
Filing fees for Form I-129 vary, with premium processing available for faster decisions.
Be thorough with supporting documents to avoid delays or RFEs during the review process.

What is Form I-129 and why is it important?

Form I-129 is used by employers to request work authorization for foreign nationals temporarily coming to the U.S. For workers already in the United States, this form is also used to change or extend their status to a new visa category.

Form I-129 is important because it starts the process for many work visas in the U.S. Filing it shows U.S. Citizenship and Immigration Services (USCIS) that the employer wants to hire a foreign worker, the worker is qualified for the position, and both will follow U.S. immigration laws.

In short, filing Form I-129 lays the foundation for working legally in the U.S.

Immigration Lawyer Explains Form I-129 and Who It’s For

In this video, an experienced immigration attorney from Manifest Law explains what Form I-129 is.

Which visa types require Form I-129?

Form I-129 is required for several employment-based nonimmigrant visa categories, including:

H-1B visa: Specialty occupations
L-1 visa: Intracompany transferees
O-1 visa: Individuals with extraordinary ability
TN visa: Professionals under the North American Free Trade Agreement (NAFTA), including workers from Canada and Mexico
E1 visa: Treaty traders
E2 visa: Investors

H-1B visa: Specialty occupations

L-1 visa: Intracompany transferees

O-1 visa: Individuals with extraordinary ability

TN visa: Professionals under the North American Free Trade Agreement (NAFTA), including workers from Canada and Mexico

E1 visa: Treaty traders

E2 visa: Investors

Who has to fill out and prepare Form I-129?

Form I-129 (Petition for a Nonimmigrant Worker) is generally completed and signed by the petitioner—the party requesting that a foreign national be allowed to work in the U.S. Depending on the visa category, the petitioner could be:

An employer: For visas like the H-1B, the sponsoring U.S. employer must complete and sign the form on behalf of the worker.
The worker’s own U.S. company: For certain visa types (e.g., O-1, P-1), if you own a U.S. business, that entity can act as the petitioner.
A U.S. agent: Common for freelancers, self-employed individuals, or those working for multiple clients. The agent can be a person or business in the U.S. authorized to represent you.

An employer: For visas like the H-1B, the sponsoring U.S. employer must complete and sign the form on behalf of the worker.

The worker’s own U.S. company: For certain visa types (e.g., O-1, P-1), if you own a U.S. business, that entity can act as the petitioner.

A U.S. agent: Common for freelancers, self-employed individuals, or those working for multiple clients. The agent can be a person or business in the U.S. authorized to represent you.

Can my immigration lawyer fill out Form I-129 for me?

While only the petitioner can sign Form I-129, the actual preparation of the form can be handled by others. Many petitioners hire an immigration attorney or accredited representative to complete the paperwork, gather evidence, and submit the petition. The lawyer will list themselves as the preparer on the form and include a separate G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative).

If you’re self-filing through your own company or a U.S. agent, you can fill out the form yourself — but even then, many people choose to work with an attorney to make sure the petition is complete, accurate, and well-supported before it’s filed with USCIS.

Where does Form I-129 fit in the visa process?

Form I-129 is the first step in securing work authorization. Here’s how it fits into the overall visa process:

Step

File Form I-129

USCIS Review

Request for Evidence (RFE)

USCIS Decision

Secure Visa or Adjustment of Status on Approval

What Happens

Submit the application and supporting documents to USCIS

USCIS reviews the petition

If needed, USCIS issues an RFE asking for additional information or documents

USCIS approves or denies the petition after reviewing the evidence

For a worker already in the U.S.: The worker's visa status is updated automatically, so they don't have to leave the country.

For a worker outside the U.S.: The worker must attend an interview at a U.S. consulate or embassy to get a visa stamp in their passport.

Who Handles It

Employer or self-petitioner

USCIS

Employer or self-petitioner

USCIS

Employer and USCIS

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How much does it cost to file Form I-129?

The cost to file Form I-129 can vary by visa type, the size of the company that’s sponsoring the petition, and whether the company is a nonprofit or for-profit. In addition to filing fees, you may need to pay extra fees for certain programs, visa types, or premium processing.

Depending on your application, the total cost to file Form I-129 can be a few hundred dollars up to several thousand dollars or more. For more information, visit the USCIS fee schedule.

Immigration lawyer explains Form I-129 filing fees

In this video, Manifest Law’s Senior Counsel, Henry Lindpere, explains how to find the cost to file different types of I-129 petitions and navigate the USCIS fee schedule.

Checklist: What documents do you need to file Form I-129?

Before you file Form I-129, you’ll need to gather supporting documents. These show USCIS that both the job and worker meet the visa requirements.

Here are some common supporting documents you’ll likely need to include with your form:

Job offer details, including the position, job duties, salary, and work location
Worker qualifications, like diplomas, certificates, licenses, or a resume
Employer information, like copies of business licenses, articles of incorporation, tax records, or an organizational chart.

Job offer details, including the position, job duties, salary, and work location

Worker qualifications, like diplomas, certificates, licenses, or a resume

Employer information, like copies of business licenses, articles of incorporation, tax records, or an organizational chart.

Depending on your application, you may also need to submit additional documents, like:

Information on dependents, including documents that prove your relationship and their eligibility
Labor Condition Application (LCA) or consultation documents
Proof of the worker’s legal status
Contracts, itineraries, or work schedules
Form I-907, Request for Premium Processing Service

Information on dependents, including documents that prove your relationship and their eligibility

Labor Condition Application (LCA) or consultation documents

Proof of the worker’s legal status

Contracts, itineraries, or work schedules

Form I-907, Request for Premium Processing Service

Gathering documents early and making sure they’re complete helps avoid delays and improves your approval chances.

Want to know the specific document requirements for your visa? Visit the USCIS website for a comprehensive checklist of Form I-129 document requirements for each visa category.

Step-by-step guide to filing Form I-129

Step 1: Access Form I-129

Form I-129 is available for download on the USCIS website.

Step 2: Fill out the form

Form I-129 consists of several sections, including:

Step

Part 1: Petitioner Information

Part 2: Information About the Petition

Part 3: Beneficiary Information

Part 4: Processing Information

Part 5: Basic Information About the Proposed Employment and Employer:

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

*Only required for H1-B, H1-B1 Chile/Singapore, and O-1A petitions

Part 7: Declaration, Contact Information, and Signature of Preparer or Authorized Signatory

Part 8: Declaration, Contact Information, and Signature of Person Preparing Form, If Other Than the Petitioner

Part 9: Additional information About Your Petition For Nonimmigrant Worker

What Happens

Details about the petitioner, like legal name and mailing address

Details about the petition, like the action you’re requesting or the basis for classification

Details about the foreign worker, like full name, date of birth, and gender

Details for processing the petition, including the type of office and the worker’s foreign address

Details about the employer and job, like the job title, type of business, and wages

Confirms the employer will follow rules for releasing controlled technology to the foreign worker, like securing required licenses

Details about the petitioner/preparer, like full name, title, and a signature

Details about the person acting as the preparer (if not the petitioner), like full name, business name, mailing address, and a signature

Any additional information to be included with the petition

The rest of Form I-129’s pages are visa-specific. Make sure to fill out only the pages that apply specifically to your visa.

Step 3: Submit Form I-129

To file by mail: Put the completed form in an envelope with all the required documents and fees, and mail it to the correct USCIS address. Filing addresses can vary, so make sure to check the USCIS website for the most current information.

To file online: If your visa category qualifies for online filing, you can create a MyUCSIS account and upload your completed form and documents. Once uploaded, you can submit the form and pay your fees online.

Stay Informed. Stay Ahead.

Subscribe to our newsletter for immigration resources and news-without the legal jargon.

How long does Form I-129 take to process?

USCIS processing times for Form I-129 vary depending on the visa category, the USCIS service center handling the petition, and whether premium processing is requested. In general, standard processing can take several weeks to several months, while premium processing guarantees a decision within 15 calendar days.

What happens after you submit Form I-129?

Here’s what happens after you submit Form I-129:

Receipt notice. USCIS issues a Form I-797, Notice of Action, confirming receipt of your application.
USCIS review. A USCIS officer reviews your case and supporting documents.
Decision. USCIS decides your case and updates your case status. You can check your status online using the receipt number from your Form I-797.

Receipt notice. USCIS issues a Form I-797, Notice of Action, confirming receipt of your application.

USCIS review. A USCIS officer reviews your case and supporting documents.

Decision. USCIS decides your case and updates your case status. You can check your status online using the receipt number from your Form I-797.

Your updated case status will depend on USCIS’s decision. Here are some common status updates and what they mean for your I-129 petition:

Approved. Your petition was approved.
Request for Evidence (RFE). USCIS needs more information or documents before it makes a final decision.
Denied. Your petition was denied. USCIS will issue a notice explaining why it denied your petition. Based on those reasons, you may be able to file an appeal, reapply with more information, or apply for a different visa.

Approved. Your petition was approved.

Request for Evidence (RFE). USCIS needs more information or documents before it makes a final decision.

Denied. Your petition was denied. USCIS will issue a notice explaining why it denied your petition. Based on those reasons, you may be able to file an appeal, reapply with more information, or apply for a different visa.

Expert Tip: A case denial doesn’t necessarily mean your I-129 journey is over. If your case is denied, consider consulting one of Manifest Law’s experienced visa lawyers. They can help you understand why your petition was denied and create a plan.

What happens after Form I-129 approval?

Here’s what happens after your Form I-129 is approved:

Approval notice: USCIS issues an approval notice with important details, like the duration of your approved stay.
Change of status: If the beneficiary is currently in the United States, they can stay and start their new status immediately.
Visa stamping: If the beneficiary is currently outside the United States, they’ll need to apply for a visa at a U.S. consulate or embassy abroad.

Approval notice: USCIS issues an approval notice with important details, like the duration of your approved stay.

Change of status: If the beneficiary is currently in the United States, they can stay and start their new status immediately.

Visa stamping: If the beneficiary is currently outside the United States, they’ll need to apply for a visa at a U.S. consulate or embassy abroad.

Tips for Successfully Filing Form I-129

If you want the Form I-129 filing process to go as smoothly as possible, keep these tips in mind:

Provide all required documents: Making sure all required documents are included in your application can help you avoid RFEs.
Double-check for accuracy: Application errors can cause major processing delays. Before you submit, check for mistakes. Look for missing information, spelling errors, or unsigned forms.
Track your case status: To avoid unnecessary delays, regularly check your USCIS case status online. Promptly respond to any requests or status updates.

Provide all required documents: Making sure all required documents are included in your application can help you avoid RFEs.

Double-check for accuracy: Application errors can cause major processing delays. Before you submit, check for mistakes. Look for missing information, spelling errors, or unsigned forms.

Track your case status: To avoid unnecessary delays, regularly check your USCIS case status online. Promptly respond to any requests or status updates.

Start the process to file Form I-129 with confidence

Filing Form I-129 correctly is crucial for employment-based visas. Whether you’re an employer or self-petitioner, understanding the process can make filing easier and boost your chances of approval.

How Manifest Law can help

Navigating the U.S. immigration process can feel like walking through a maze in the dark—but the right information is a powerful start.

At Manifest Law, we believe no one should have to battle the system just to understand it. That’s why we write guides like this: to bring clarity to complex processes, one step at a time.

But when it comes to actually moving forward with Form I-129, you deserve more than blog posts. You deserve a clear, personalized strategy—built around your accomplishments, your timeline, and your goals for life in the U.S.

👉 If you’re ready to stop guessing and start planning, our immigration attorneys are here to help. Request a consultation with Manifest Law now.

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Your Immigration Guide

A Complete Guide to Form I-129: Petition for a Nonimmigrant Worker

Key takeaways

What is Form I-129 and why is it important?

Immigration Lawyer Explains Form I-129 and Who It’s For

Which visa types require Form I-129?

Who has to fill out and prepare Form I-129?

Can my immigration lawyer fill out Form I-129 for me?

Where does Form I-129 fit in the visa process?

Stay Informed. Stay Ahead.

How much does it cost to file Form I-129?

Immigration lawyer explains Form I-129 filing fees

Checklist: What documents do you need to file Form I-129?

Step-by-step guide to filing Form I-129

Step 1: Access Form I-129

Step 2: Fill out the form

Step 3: Submit Form I-129

Stay Informed. Stay Ahead.

How long does Form I-129 take to process?

What happens after you submit Form I-129?

What happens after Form I-129 approval?

Tips for Successfully Filing Form I-129

Start the process to file Form I-129 with confidence

How Manifest Law can help

Connect With Us on Instagram

We’re Here to Help

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