What is Form I-129?

Form I-129 is the official form that a U.S.-based employer must file with USCIS to request permission to:

• Employ a foreign worker temporarily under a nonimmigrant visa category.
• Extend the worker’s stay in the U.S. under the same status.
• Change the worker’s nonimmigrant status (if applicable).

This form is required for most temporary employment-based visas, including categories such as:

• H-1B (specialty occupations)
• L-1 (intra-company transferees)
• O-1 (extraordinary ability)
• P, R-1, Q, TN, and others

Eligibility Requirements

To be eligible to file Form I-129:

✔️ There must be a valid job offer from a U.S. employer under a qualifying nonimmigrant visa category.

✔️ The employer must be a legitimate U.S. entity with the financial and operational capacity to hire.

✔️ The foreign worker must meet the specific qualifications for the visa category (e.g., degree, experience, recognition).

✔️ The form must be filed by the employer or an authorized agent — not by the foreign worker directly.

Step-by-Step Process

1. Gather all required documentation, including evidence of the job offer and worker qualifications.
2. Complete and sign Form I-129, including any required supplements depending on the visa type.
3. Submit the full petition package to USCIS, including:
   • Form I-129
   • Supporting documentation
   • Proof of the employer’s legal status and business operations
   • Visa-specific evidence (educational records, experience letters, etc.)
   • Required filing fees
4. USCIS will review the petition and either:
   • Approve the petition
   • Issue a Request for Evidence (RFE)
   • Deny the petition
5. If the worker is outside the U.S.:
   • Upon approval, USCIS issues Form I-797 (Notice of Action), which the worker uses to apply for a visa at a U.S. embassy or consulate.
6. If the worker is already in the U.S.:
   • The petition may also request a change or extension of nonimmigrant status.

📄 Required Documents (Typical)

Requirements vary by visa type, but commonly include:

• Completed and signed Form I-129
• Detailed job offer letter (duties, salary, duration)
• Proof of employer’s status (e.g., business license, tax documents)
• Evidence that the worker meets visa-specific criteria:
  • Academic degrees (with English translations)
  • Work experience letters
  • Awards or publications (if relevant)
• Additional forms such as:
  • Form I-129W (for H-1B petitions)
  • Form I-907 if requesting Premium Processing
• Payment of all applicable fees

Restrictions and Key Notes

⚠️ I-129 applies only to temporary nonimmigrant employment visas.

⚠️ It must be filed by the U.S. employer or an authorized agent — never by the worker themselves.

⚠️ The foreign worker cannot start working until the petition is approved (unless the law provides exceptions for portability or extensions).

Can Family Members Be Included?

• Yes, spouses and children under age 21 of the primary applicant may qualify for derivative visas, such as:
  • H-4 (for H-1B)
  • O-3 (for O-1)
  • L-2 (for L-1)
• These family members must file separate applications through the consulate or USCIS, depending on their location.

Expected Processing Times

• Standard processing usually takes between 2 to 6 months, depending on the visa category and USCIS workload.
• Premium Processing is available (with Form I-907) for many categories, guaranteeing a response in 15 calendar days for an additional fee.

Frequently Asked Questions

• Which visa categories require Form I-129?
  Common ones include H-1B, L-1, O-1, P, R-1, TN, Q, and others.
• Who signs the form?
  The U.S. employer or authorized agent signs and files the petition.
• Can the same I-129 be used for an extension?
  Yes. Form I-129 is used for initial petitions, extensions, amendments, and changes of status.
• Is hiring an immigration attorney required?
  Not required, but strongly recommended due to the complexity and documentation requirements.
• Can petitions be denied for lack of evidence?
  Yes. USCIS frequently issues RFEs or denials if petitions lack strong documentation. It’s essential to submit a well-organized and complete application.