Understanding Form I-129

In 2023, the U.S. Department of State (DOS) issued more than 10.4 million non-immigrant visas and 590,000 non-immigrant and immigrant work visas to highly skilled workers. 

While obtaining a U.S. visa is more accessible than before, the process for foreign workers seeking employment remains complex. Even minor errors in the application can result in rejection.

In this article, every aspect of United States Citizenship and Immigration Services (USCIS) Form I-129 will be detailed.

What is Form I-129?

USCIS Form I-129 (Petition for Nonimmigrant Worker) is filed by a U.S.-based employer for a foreign beneficiary who immigrates to the U.S. to work or train for a specified and temporary period. After the petition of the employee is approved by the USCIS, the employee may file for a non-immigrant visa through the U.S. Consulate or Embassy of their home country for the approved visa category and complete the necessary immigration process requirements. 

Alternatively, if the immigrant employee is already present in the U.S. then they can adjust/alter their status as per the specified approved visa category. 

The purpose of the form is to list details about the employer, the employment, and the prospective immigrant employee such as the name, basis for classification requested action, etc. In case of a H-2 Agricultural worker petition and/or an H-2B temporary nonagricultural worker petition, the employer is permitted not to name the beneficiary workers and may file an unnamed petition. 

It is different from Form I-130 (Petition for Alien Relative) which is used by a U.S. citizen or a lawful permanent resident (LPR) in family-based immigration. 

What Category Of Visas May File Form I-129?

• E-1 Classification: Traders of treaty nations involved in carrying out substantial, principal, and existing international exchange between the U.S. and the treaty country.
• E-2 CNMI: Foreign long-term investors specifically in the Commonwealth of the Northern Mariana Islands (CNMI)
• E-2 Classification: Treaty investors having a lawful non-immigration status are interested or in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S.
• E-3 Classification: Australians working in the U.S. employed in a specialty occupation work having an initial period of stay of 2 years.
• H-1B Classification: Workers in specialty occupations, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
• H-2A Classification: Foreign nationals immigrating to the U.S. to fill temporary agricultural positions.
• H-2B Classification: Foreign nationals immigrating to the U.S. to fill temporary non-agricultural positions.
• H-3 Classification: Nonimmigrant trainee or special education exchange visitor.
• L-1 Classification: Employees of U.S.-based qualifying organizations who are temporarily transferred from a foreign office.
• O-1 Classification: Non-citizen immigrants who possess exceptional skills in arts, sciences, athletics, education, or business.
• O-2 Classification: Individuals who will assist and accompany O-1 visa holders in specific events or performances.
• P-1 Classification: Individuals such as internationally recognized athletes, recognized entertainers, and artists, visiting the U.S. for specified events.
• P-2 Classification: Individuals or groups of artists, entertainers, or performers in reciprocal exchange programs, along with their support staff.
• TN NAFTA Classification: Qualified citizens of Canada or Mexico seeking temporary entry to the U.S. to engage in business activities at a professional level. 

How To Fill Form I-129?

Form I-129 is a highly complicated form to fill due to the voluminous nature of the information required to be filed. It is filed by an employer, or a preparer for a beneficiary who intends to be employed or train in the U.S. The information and documents required depend on the category of non-immigration benefit applied. You must refer to the Instructions of Form I-129 before filling out the form. 

What Supporting Documents Are Attached With Form I-129?

While the type of supporting document and evidence required to be attached to Form I-129 varies based on the visa category, here’s a list of common supporting documentary evidence required:

1. Description of proposed job, job offer, duties, salary, benefits, etc. 
2. Evidence of substantial trade (only applicable to E-1 classification of visa)
3. Evidence showing the proposed employment qualifies as a specialty occupation (only applicable to H1B visas)
4.  Approved temporary labor certification from the U.S. Department of Labor
5. Education and professional qualification of the beneficiary. 
6. Any other information or certification required specifically for a non-immigrant visa category.

For further information related to supporting documents, you may refer to the USCIS Checklist for Form I-129.

What Are The Fee(s) For Filing Form I-129?

The processing fee(s) that the USCIS charges for Form I-129 depends on the filing category. However, here’s a list of the fee structure for the most common petitions:

Filing Category	Paper Filing Fee
1. If you are filing an E, H-3, P, Q, R, or TN petition. 2. If you are filing as a Small Employer or Nonprofit.	1. $1,015 2. $510
1. If you are filing an H-1B petition 2. If you are filing an H-1B petition as a Small Employer or Nonprofit	1. $78 2. $460
1. If you are filing an H-2A petition- Named Beneficiaries 2. If you are filing an H-2A petition- Named Beneficiaries as a Small Employer or Nonprofit 3. If you are filing an H-2A petition- Unnamed Beneficiaries 4. If you are filing an H-2A petition- Unnamed Beneficiaries as a Small Employer or Nonprofit	1. $1090 2. $545 3. $530 4. $460
1. If you are filing an H-2B petition- Named Beneficiaries 2. If you are filing an H-2B petition-Named Beneficiaries as a Small Employer or Nonprofit 3. If you are filing an H-2B petition- Unnamed Beneficiaries 4. If you are filing an H-2B petition- Unnamed Beneficiaries as a Small Employer or Nonprofit	1. $1080 2. $540 3. $580 4. $460
1. If you are filing an L-1 petition 2. If you are filing an L-1 petition as a Small Employer or Nonprofit	1. $1385 2. $695
1. If you are filing an O-1 petition 2. If you are filing an O-1 petition as a Small Employer or Nonprofit	1. $1,055 2. $530

As per the rules framed by the USCIS, any organization employing less than 25 employees is termed as a small employer.

There may also be an additional fee of $600 as an asylum program fee along with $300 if filing as a small employer. 

Further, in cases where your employer decides to opt for Form I-907 (Premium Processing) to process the petition faster, the USCIS will charge an additional filing fee ranging from $1685-$2805 depending upon the visa category.  However, if your petition has a mistake, it can be rejected. Additionally, the fees paid to the USCIS are non-refundable. In case you have any doubts or require any assistance you may contact the licensed immigration experts of FileRight.com. 

What Is The Processing Time Of Form I-129?

The time for processing Form I-129 varies on factors such as the visa category, and backlog of the center processing your petition. The timeline may range from a few weeks to a couple of months. 

To get an accurate case processing time of your status, you should contact the USCIS and check your case processing time. If you believe that your case is delayed more than the usual timeline, you may also contact the USCIS or the center processing your petition. 

Conclusion 

Getting Form I-129 approved is very important for a non-immigrant who wishes to immigrate to the U.S. on a work visa. You should remember to file the correct form based on the relevant category. It can be difficult to complete the immigration process due to the various forms and the fees that they require. It is advised to read the form once before filing and consult an immigration expert in case of any difficulty. 

FAQs

What can I do if my Form I-129 is denied?

In case the USCIS denies your petition for the non-immigrant worker, then you may file an appeal within 30 days of the decision by using USCIS Form I-290B (Notice of Appeal or Motion, However, it is better to check the mistakes in the petition by consulting an immigration expert and refiling in that or any other category because appeals can be time-consuming and costly.

What is Form I-129, 240-day rule? 

This rule aims to allow non-immigrant workers to continue working for their employer for 240 days after the expiry of their work visa, provided their employer filed the renewal form on time. This aims to protect an immigrant worker to work while the USCIS processes or decides on their petition.