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» I-129-USCIS-Immigration-Form

Petition for a Nonimmigrant Worker

Purpose of Form : For employers to petition for an alien to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S or Q-1 nonimmigrant worker. Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, R-1 or TN nonimmigrant.

Number of Pages : Instructions: 18; Form: 16.

Edition Date : 07/30/07. Previous editions accepted.

Where to File :

Instructions for Completing Form I-129, located at the bottom of this page.

Filing Fee : $320.

Special Instructions :

Fee Information

Petitions for H-1B, H2B and L-1 workers must also include the supplemental fees and fraud prevention fees described on the form.

Premium Processing

If you are requesting Premium Processing Services on Form I-129, Petition for Nonimmigrant Worker, you must also file Form I-907, Request for Premium Processing Service.  In that case, send the entire Form I-907/I-129 package to the appropriate address listed in Instructions for Completing Form I-129 (link is located at the bottom of this page). You may only request premium processing services if the requested classification is designated as eligible for premium processing. Note that premium processing fees are optional and additional.

Note: Filing Fees

A U.S. employer filing an H-1B petition must submit the $320 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, an additional fee of either $750 or $1,500. A U.S. employer with a total of 25 or less full-time equivalent employees in the United States (including any affiliate or subsidiary of the employer) is only obligated to pay the $750 fee.
Petitioners filing Form I-129 to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore must also complete the applicable supplements to the Form I-129 petition. Specifically, the Nonimmigrant Classification Based on Free Trade Agreement Supplement to Form I-129, and the H-1B Data Collection and Filing Fee Exemption Supplement are required.
Unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, the additional filing fee of either $750 or $1,500 is also required of U.S. employers seeking to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in the following situations:

  • Employers seeking to employ a current H-1B1 Free Trade Nonimmigrant from Chile or Singapore presently employed by another H-1B1 employer;
  • Employers requesting an initial extension of H-1B1 status for an H-1B1 Free Trade Nonimmigrant from Chile or Singapore that they presently employ; and
  • Employers seeking to change an alien's status and employ the alien as an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in new employment.

A U.S. employer filing an H-1B petition who is required to pay the additional fee may make the payment in the form of a single check or money order for the total amount due or as two checks or money orders, one for the additional fee and one for the petition fee.

H-1B and L-1 petitioners who must pay the $500 Fraud Prevention and Detection Fee and H-2B petitioners who must pay the $150 Fraud Prevention and Detection Fee must pay with a check or money order that is separate from the additional fee and petition fee. For complete information on these additional fees, please refer to the Form I-129 filing instructions relating to the H-1B, H-2B and L-1 classifications.

Note: Initial Classification under certain Free Trade Agreements

If you are a national of Canada, Mexico, Singapore, Chile, or Australia, and you are applying for initial classification under certain free trade agreements, Form I-129 is not required.

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