ImmigraMate
Sign in

← All USCIS forms

Employment

Form I-129

Petition for a Nonimmigrant Worker

Filed by U.S. employers to bring foreign workers to the U.S. temporarily under H-1B, L-1, O-1, P, TN, and other work visa categories.

Filing fee
$780
Biometrics
No fee
Typical processing
2 to 8 months
Current USCIS times for I-129

Who can file

  • U.S. employers sponsoring H-1B, H-2A, H-2B, L-1, O-1, P, Q, R, TN workers
  • Agents petitioning for O or P workers

Send with it

  • Labor Condition Application (LCA) for H-1B
  • Employer support letter detailing job duties
  • Beneficiary credentials and qualifications
  • Itinerary (for certain classifications)
  • Company financial documents

Worth knowing

  • H-1B is subject to annual cap - register during the lottery period in March
  • Premium processing ($2,965) provides a 15 business-day decision
  • O-1 requires extraordinary ability - prepare a strong petition letter
  • L-1 requires one year of foreign employment with a qualifying organization

Common mistakes

  • Missing the H-1B registration window
  • Insufficient specialty occupation evidence for H-1B
  • Not filing before the current authorization expires
  • Inadequate evidence of extraordinary ability for O-1

Questions

How much does Form I-129 cost?
The USCIS filing fee for Form I-129 is $780.
How long does Form I-129 take?
Typically 2 to 8 months, depending on the office and the category. Check the current USCIS times for your office before you plan around it.

Fees are as published by USCIS. Confirm on USCIS's fee schedule (G-1055) before you pay - a wrong fee gets a filing rejected. General information, not legal advice.