Do you want to bring skilled foreign professionals, seasonal workers, artists, or cultural exchange participants to the United States? U.S. employers must file the proper immigration paperwork before any nonimmigrant worker can begin employment. That process starts with Form I-129, the essential Petition for a Nonimmigrant Worker that allows employers to obtain approval from U.S. Citizenship and Immigration Services (USCIS).
At Green Card Link, its experienced immigration attorneys help employers, HR professionals, and sponsoring organizations successfully prepare and file Form I-129 petitions across all visa categories. Below, our team explains what the form is, how to complete it, where to send it, how long it takes to process, and the fees involved.
What Is Form I-129?
Form I-129, Petition for a Nonimmigrant Worker, is the official USCIS document employers must use to request authorization to temporarily employ foreign nationals in the U.S. under specific visa categories. It serves as the foundation for most U.S. work visa applications.
The following visa classifications typically require Form I-129:
- H-1B – Specialty occupations
- H-2A / H-2B – Temporary agricultural and non-agricultural workers
- L-1 – Intracompany transferees
- O and P – Individuals with extraordinary ability or performance talent
- Q-1 – Cultural exchange visitors
- R-1 – Religious workers
…and several others.
Because each category has unique eligibility requirements, it is vital to consult with an immigration attorney at Green Card Link before filing to ensure all documentation is accurate and complete.
Where to File Form I-129
All Form I-129 petitions must be filed with either the Texas Service Center (TSC) or a USCIS lockbox facility, depending on the visa type and the petitioner’s primary office location. USCIS provides detailed filing instructions for each classification on its official I-129 webpage.
Using the wrong mailing address or lockbox can cause significant delays, so it’s important to confirm the correct filing location before submission. The immigration attorneys at Green Card Link carefully verify all filing details to avoid unnecessary rejections or slowdowns.
Where to File Form I-129
According to USCIS data, the average processing time for Form I-129 is around 3.8 months, but this can vary widely. Factors affecting your timeline include:
- The visa category requested
- The USCIS field office or service center handling your petition
- The current workload or visa backlog at that office
For example, H-1B petitions are often processed by the California Service Center, while L-1 intracompany transfer petitions may go through the Texas Service Center. Each center’s workload impacts how quickly your case is reviewed.
Employers can also request premium processing, which guarantees a decision within 15 business days for an additional $2,805 fee. This expedited option is frequently recommended by immigration attorneys at Green Card Link for time-sensitive cases.
You can check current timelines through the USCIS Processing Times Tool, which estimates how long it takes to complete 80% of petitions filed within the past six months. Always consult your immigration attorney before contacting USCIS about case delays.
Form I-129 Filing Fees
The Form I-129 filing fee depends on the type of visa and the size or status of the employer. Updated fees are listed in the USCIS G-1055 fee schedule, but some of the most common are:
Visa Type | Regular Employer | Small Employer/Nonprofit |
H-1B | $780 | $460 |
L-1 | $1,385 | $695 |
O-1 | $1,055 | $530 |
Since fee structures can change, Green Card Link ensures your petition includes the correct payment to prevent rejections or processing delays.
Step-by-Step Instructions for Completing Form I-129
The form includes multiple parts. Below is a breakdown of each section with guidance from immigration attorneys at Green Card Link:
Part 1 – Petitioner Information
Provide the legal name of the individual or organization, mailing address, contact details, and identification numbers such as FEIN or Social Security Number (if applicable).
Part 2 – Information About This Petition
List the requested visa classification, basis for classification, receipt number (if available), requested action, and the number of workers included in the petition.
Part 3 – Beneficiary Information
Enter the full legal name, date of birth, gender, and other identifying details for each foreign national. If filing for a group (e.g., entertainers), include the group name. If the beneficiary is in the U.S., add their most recent I-94 number and current U.S. address.
Part 4 – Processing Information
Indicate the U.S. consulate or port of entry for beneficiaries outside the country and answer yes/no questions about related petitions or dependents.
Part 5 – Proposed Employment and Employer Details
Attach the appropriate Form I-129 supplement for your visa type. Include the job title, wage, LCA or ETA case number, employment address, business type, and details about compensation and employment duration.
Part 6 – Certification of Controlled Technology or Technical Data
For H-1B, H-1B1, L-1, or O-1A petitions, you must declare whether the employment will involve access to controlled technology or technical data under U.S. export control laws.
Part 7 – Petitioner’s Declaration and Signature
The petitioner or authorized signatory must certify that all submitted documents are true and that original records can be provided to USCIS if required.
Part 8 – Preparer’s Declaration (If Different from Petitioner)
If someone other than the petitioner prepared the form, such as an immigration attorney at Green Card Link, this section requires their name, business address, and certification of accuracy.
Part 9 – Additional Information
Use this section to provide any extra information that did not fit in earlier sections or to include relevant visa classification supplements such as:
- E-1/E-2 Classification Supplement (for treaty traders/investors)
- Trade Agreement Supplement (for workers entering under USMCA, Chile, Singapore, or Australia agreements)
- H Classification Supplement (for H-visa petitions, covering employer details, job terms, and worker qualifications)
Expert Help with Form I-129 Petitions
Filing Form I-129 can be complex, especially with changing regulations and documentation requirements. At Green Card Link, its knowledgeable immigration attorneys handle every detail — from completing the form accurately to ensuring that all supporting evidence meets USCIS standards.
Whether you’re sponsoring an H-1B engineer, an O-1 artist, or an L-1 executive transfer, our team provides the guidance and legal expertise needed to streamline your petition and minimize delays.
Why Does USCIS Need This Information?
USCIS collects detailed information to determine whether both the employer and the foreign national meet the eligibility requirements for the specific H visa classification. This information also helps confirm that the employment aligns with the best interests of the United States, ensuring that visa programs are used to strengthen the U.S. workforce and economy.
L Classification Supplement to Form I-129
The L Classification Supplement (pages 22–25) applies to multinational companies seeking to transfer employees from foreign branches to their offices in the United States under the L-1 visa category.
What’s Required:
- Complete petitioner and beneficiary details
- Documentation of the qualifying relationship between the U.S. and foreign entities
- Job description and qualifications of the employee being transferred
- A clear explanation of the relationship between the two companies
O and P Classifications Supplement to Form I-129
This section of Form I-129 applies to individuals applying for O or P visas, including those with exceptional talent or recognition in their fields.
Eligible Applicants:
- Individuals with extraordinary ability in the arts, sciences, education, business, or athletics
- Athletes, entertainers, artists, and essential support personnel accompanying them
What’s Required:
- Documentation of the beneficiary’s qualifications, such as:
- Prestigious awards
- Published works or media coverage
- Performances or exhibitions
- Details about the nature of the proposed work
- Employer information and specific terms of employment
Q-1 Classification Supplement to Form I-129
The Q-1 visa category supports international cultural exchange programs. This supplement is for U.S. employers who wish to hire nonimmigrant workers to participate in these programs.
Purpose:
The Q-1 program is designed to:
- Offer practical training and hands-on experience
- Provide employment opportunities in cultural exchange contexts
- Encourage sharing of the participant’s home country culture with U.S. communities
R-1 Classification Supplement to Form I-129
The R-1 classification applies to religious workers entering the United States temporarily to work for a qualified religious organization.
The Supplement Requires:
- Religious organization details, including its history, structure, and operational model
- Religious worker’s qualifications, prior experience, and duties
- A detailed description of the proposed work, showing how it supports the organization’s religious mission and activities
I-129 Direct Filing — Where to Send Your Form
The filing location for Form I-129 depends on the type of visa or immigration benefit requested. USCIS maintains updated filing addresses on its official website.
It’s always best to consult with an immigration attorney at Green Card Link to confirm the correct filing location before submission.
For H-1B and H-1B3 regular cap-subject petitions, refer to your registration selection notice to determine the appropriate service center.
Failing to submit your petition to the correct center can result in rejection of your filing.
Frequently Asked Questions About Form I-129
What does I-129 approval mean?
If your Form I-129 is approved, it means the worker is authorized to begin or continue employment (on or after the approved start date) within the United States.
What are Form I-129 and Form I-797?
Form I-129 is the petition for a nonimmigrant worker, while Form I-797 serves as official USCIS correspondence.
- I-797C acknowledges receipt of an application or petition.
- I-797A indicates approval and includes a tear-off portion that serves as proof of lawful status.
In general, the I-797 form provides official evidence of USCIS approval for your case.
What is the I-129S document?
Form I-129S applies to workers seeking an L-1 visa under a blanket L petition.
Is Form I-129 required for H-1B stamping?
Yes. When applying for an H-1B visa stamp, you must present several key documents to the consular officer, including:
- A valid passport (minimum six months validity)
- The original H-1B approval notice
- A copy of the Labor Condition Application (LCA)
- A copy of Form I-129
- The visa appointment letter and DS-160 barcode confirmation
- A letter from your employer supporting your visa application
- Recent pay stubs (at least three months)
- Employment verification letter
- H classification supplement to Form I-129
- Bank statements or financial records (last three months)
- For dependents: marriage and/or birth certificates
What if I experience a change in previously approved employment?
Any change in your approved employment — such as job title, duties, salary, or location — should be discussed with immigration attorneys at Green Card Link. Their experienced team provides tailored guidance on employment-based immigration cases to help ensure full compliance with USCIS requirements and minimize the risk of petition denial.