I-129

Petition for a Nonimmigrant Worker

Agency
USCIS
Revision
Edition 09/09/26
Fillable fields
980
Pages
38
Official source
USCIS form page
Checked
October 20, 2026
Fill I-129 online
Page 1 of form I-129

Form I-129: Petition for a Nonimmigrant Worker

Form I-129, Petition for a Nonimmigrant Worker, is filed with USCIS for a worker to come to the United States temporarily to perform services or labor, or to receive training. USCIS lists 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 and R-1 workers. Petitioners also use it to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN for a worker.

The instructions say the form is made up of the basic petition, a supplement for each classification, and the H-1B Data Collection and Filing Fee Exemption Supplement for H-1B and H-1B1 only.

USCIS published the 09/09/26 edition on Sept. 9, 2026. Its page says the 02/27/26 edition is accepted only if postmarked or electronically submitted before Nov. 9, 2026.

Top of page 1 of Form I-129: Petition for a Nonimmigrant Worker, as printed by USCIS

What's on Form I-129

Part 1: Petitioner information

The individual or company name, mailing address, contact details, FEIN, a question on nonprofit or governmental research status, individual IRS tax number and Social Security number.

Part 2: Information about this petition

The classification symbol, the basis for classification (such as new employment, change of employer or amended petition), the most recent receipt number, the requested action and the total number of workers.

Part 3: Beneficiary information

Named or unnamed workers, a group name for entertainment groups, names used, birth details, A-Number and, for a worker in the United States, last arrival, Form I-94, passport, current status, SEVIS and EAD numbers.

Part 4: Processing information

The consulate, pre-flight inspection or port of entry to notify, the worker's foreign address, passports, other petitions and dependents filed together, removal proceedings, earlier petitions and J-1 or J-2 history.

Parts 5 and 6: The job and export controls

Job title, LCA or ETA case number, worksites and third-party locations, hours, wages, dates of employment, type of business, employees and income. Part 6 is an export control certification required only for H-1B, H-1B1 Chile/Singapore, L-1 and O-1A.

Parts 7 to 9 and the supplements

The petitioner's declaration and signature, the preparer section and additional information, followed by supplements for E-1/E-2, Trade Agreement, H, H-1B data collection, L, O and P, Q-1 and R-1 classifications.

How to fill out Form I-129

  1. 1

    Pick the classification and its supplement

    Write the classification symbol in Part 2 and attach the supplement for that classification. The instructions say to complete the basic form and any related supplements.

  2. 2

    Choose one basis and one requested action

    Part 2 has six bases for classification and six requested actions, such as notifying a consulate or extending stay. The instructions explain when each box fits and say to choose only one action.

  3. 3

    Name each beneficiary

    Use the Attachment-1 sheet for more workers. The instructions say only H-2A or H-2B workers not in the United States may be unnamed, and one petition cannot request both named and unnamed workers.

  4. 4

    Answer Part 6 only when it applies

    The export control certification is for H-1B, H-1B1 Chile/Singapore, L-1 and O-1A petitions. The form says to select Item 1 or Item 2, not both.

  5. 5

    Write N/A or None and use Part 9

    Type or print in black ink. Write N/A where a question does not apply and None for a zero. Extra answers go in Part 9 with the page, part and item number.

  6. 6

    Sign Part 7

    A typed or stamped name is not accepted, and the USCIS page says an attorney, representative or family member cannot sign for the petitioner. This page lets you fill the form online free, then print it for signature.

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Where to file, timing, evidence and fees

Filing options

USCIS lists mail and, for certain classifications, online filing. On Oct. 7, 2026 USCIS changed the mailing location, with a grace period for forms postmarked on or before Nov. 9, 2026 and sent to a prior location. Check the Direct Filing Addresses for Form I-129 page.

When to file

The instructions say a petition generally may not be filed more than 6 months before the date employment is scheduled to begin.

Fee

Fees are on the USCIS Fee Schedule page (Form G-1055), which can change. Check it on the day you file. The instructions describe reduced fees for employers with 25 or fewer full-time equivalent employees and certain nonprofits, and the USCIS page notes a 9-11 Biometric Fee rule for H-1B and L-1 petitions effective Sept. 9, 2026.

Premium processing

USCIS lists which classifications can use premium processing. A request is made with Form I-907, Request for Premium Processing Service.

Evidence of status

For a change of status, extension or amendment of stay, the instructions say to include evidence the worker maintained status, such as the last 2 pay stubs, Form W-2 and a copy of Form I-94, passport, travel document or I-797.

Dependents

Spouses and children generally use Form I-539. USCIS says it reviews an H-4 or L-2 Form I-539 together with the H-1B or L-1 petition when both are filed together at the same location.

Related forms

Who files Form I-129?

  • U.S. employers

    The instructions say a U.S. employer may file the form and its supplements for any classification they list. A foreign employer, U.S. agent or association of U.S. agricultural employers may file for certain classifications.

  • Agents

    A U.S. individual or company in business as an agent may file for workers who are traditionally self-employed or use agents, with a complete itinerary of services or engagements. The instructions say the itinerary rule does not apply to H classifications.

  • Petitions for several workers

    One petition may include several H-2A, H-2B, H-3, P, O-2 or Q-1 workers employed for the same period doing the same work. The instructions limit H-2A, H-2B, H-3, O-2, P and P support petitions to 25 named beneficiaries.

  • Extensions and changes of status

    E-1, E-2 (other than E-2 CNMI), E-3, H-1B1 and TN need a petition only when the worker is already in the United States and seeks an extension or change of status. The instructions list groups that cannot change status, such as visa waiver entrants and K visa holders.

  • Blanket L petitions

    The USCIS page says an extension of stay or change of status to L-1 based on an approved blanket L petition is filed with Form I-129S, and an extension also includes a copy of the approved Form I-129S.

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Questions about Form I-129

Which edition of Form I-129 does USCIS accept?

The USCIS page says the current edition is 09/09/26. The 02/27/26 edition is accepted only if postmarked or electronically submitted before Nov. 9, 2026, and rejected on or after that date.

Can Form I-129 be filed online?

Only for certain classifications. The USCIS page points to its Forms Available to File Online page for the list.

How early can an employer file Form I-129?

The instructions say generally no more than 6 months before the date employment is scheduled to begin.

Is an approved I-129 the same as a visa?

No. The USCIS page says evidence of a petition approval is not a visa, and the worker needs the right nonimmigrant visa, if one is required, before applying for admission.

What is the Form I-129 filing fee?

USCIS fees change often, so this page does not list one. The I-129 page points to the USCIS Fee Schedule, and the instructions describe reduced fees for small employers and certain nonprofits.

How do the worker's spouse and children apply?

The instructions say they generally use Form I-539 to change or extend status. For H-4 or L-2 dependents filed together with the I-129, USCIS says it reviews the I-539 after the principal's petition.