I-129

Form I-129: Petition for a Nonimmigrant Worker

Form I-129 is a petition used by employers to bring foreign nationals to the United States temporarily for work under various nonimmigrant classifications. The form is primarily used to request temporary employment for foreign workers, including professionals, entertainers, athletes, religious workers, and others, depending on the visa category.

Purpose of Form I-129

The I-129 form allows U.S. employers to petition for nonimmigrant workers who fit into specific visa classifications. It serves several purposes, including:

• Petitioning to hire foreign workers under nonimmigrant visa categories such as H-1B (Specialty Occupations), L-1 (Intracompany Transfers), O-1 (Individuals with Extraordinary Ability), and many others.

• Extending or changing the worker's nonimmigrant status if the individual is already in the U.S.

• Amending the terms of employment if changes occur while the worker is in the U.S.

Who Can File Form I-129?

Form I-129 can be filed by U.S. employers or agents who wish to hire or continue the employment of nonimmigrant workers in the U.S. under one of the eligible nonimmigrant visa categories.

Common Visa Classifications Supported by Form I-129

1. H-1B (Specialty Occupations): For individuals with specialized knowledge in fields such as IT, engineering, science, and more, typically requiring at least a bachelor's degree or its equivalent.

2. L-1 (Intracompany Transferees): For employees of multinational companies who are being transferred to a U.S. office, branch, or affiliate in a managerial or specialized knowledge capacity.

3. O-1 (Individuals with Extraordinary Ability): For individuals with extraordinary abilities in science, education, business, arts, or athletics.

4. P Visas: For internationally recognized athletes, entertainers, and performers who are coming to the U.S. to perform or compete.

5. TN Visa (NAFTA Professionals): For qualified Canadian and Mexican citizens coming to the U.S. for professional employment, under the terms of the United States-Mexico-Canada Agreement (USMCA).

6. R-1 (Religious Workers): For foreign nationals who are coming to the U.S. temporarily to work in a religious capacity.

Key Steps in Filing Form I-129

1. Complete Form I-129

• The petitioner (employer or agent) completes the I-129 form with information about the employee, the position offered, and the visa category being applied for. Certain visa categories may also require additional forms, such as H Supplement for H-1B petitions.

2. Required Supporting Documentation

• The documentation required varies depending on the visa category but typically includes:

  • Evidence of the Job Offer: A detailed job description, including the duties, qualifications, and salary.

  • Proof of Employer Ability: For some categories, proof of the employer’s financial stability may be required.

  • Educational and Professional Credentials: Copies of the worker’s qualifications, degrees, certifications, or other relevant professional documents.

  • Supporting Letters: For visa categories such as O-1, letters from experts or organizations verifying the extraordinary ability or contributions of the foreign worker may be required.

3. Pay Filing Fees

• The filing fee for Form I-129 can vary depending on the visa category. The base filing fee is $460, but other fees, such as fraud prevention fees or premium processing fees, may apply.

4. Optional Premium Processing

• Employers can opt for premium processing by submitting Form I-907 and an additional fee of $2,500. This guarantees a decision within 15 calendar days of filing.

5. Biometrics Appointment (If Required)

• Depending on the visa type, USCIS may require the worker to attend a biometrics appointment where they will collect fingerprints, a photograph, and other identity verification information.

What Happens After Filing I-129?

1. Receipt Notice: Once the I-129 petition is filed, USCIS will send a receipt notice (Form I-797), confirming that the petition is being processed. The notice includes a case number for tracking the status of the petition online.

2. RFE (Request for Evidence): In some cases, USCIS may issue an RFE if more information is needed to process the petition. The petitioner must provide the requested documents by the deadline provided.

3. Approval or Denial: After reviewing the petition and supporting documents, USCIS will issue either an approval notice or a denial. Approved petitions are forwarded to the relevant U.S. consulate or embassy if the worker is outside the U.S.

4. Consular Processing or Change of Status:

   • If the foreign worker is outside the U.S., they will attend an interview at a U.S. consulate or embassy and, if approved, will receive a visa to enter the U.S.

   • If the worker is already in the U.S. and is changing or extending their nonimmigrant status, they can begin or continue working after receiving approval.

Validity and Extensions

Form I-129 petitions are generally valid for a specific period, depending on the visa classification. For example:

• H-1B visas are valid for up to 3 years, with the possibility of extensions.

• L-1 visas can be valid for 1 to 3 years, depending on the specific subcategory (L-1A for executives or managers, L-1B for specialized knowledge employees).

Employers may file an extension for the worker’s stay in the U.S. by filing another Form I-129 before the current status expires.

Conclusion

Form I-129 is essential for U.S. employers seeking to hire foreign nationals for temporary work under various visa categories, such as H-1B, L-1, O-1, and others. It is the cornerstone of employment-based temporary immigration to the U.S. The form, along with supporting documents, establishes the employer-employee relationship and the terms of employment for nonimmigrant workers.

For further guidance on filing Form I-129, DIY My Green Card offers services to help navigate the petition process, ensuring that all requirements are met for a successful outcome. Contact us for assistance in securing a nonimmigrant work visa for your employees.