Petition for a Nonimmigrant Worker (2024)

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ALERT: Important Filing Deadline Information forFY2025 H-1B Cap Subject Petitions

The deadline for filing H-1B cap subject petitions online, based on a valid registration selection notice, is June 30, 2024.

Because June 30 falls on a Sunday, consistent withUSCIS policy, USCIS will consider properly filed paper H-1B cap subject petitions received at a USCIS Lockbox Facility on July 1, 2024, as timely filed (i.e., USCIS will consider the paper-filed H-1B petitions to have been received on June 30).

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ALERT: At intake, we determine whether the payment you submitted matches the correct fees due. If you do not submit the correct fee, we must reject your form, even if you have submitted an overpayment.

The required fees for Form I-129, Form I-129CW, and Form I-140 depend on how you answer the form’s questions about your status as a nonprofit or small employer. See ourWeb Alertfor more information: USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees.

You can find additional filing fee information by visiting ourFiling Feespage, our FormG-1055, Fee Schedule, and ourFrequently Asked Questions on the USCIS Fee Rulepage.

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ALERT:As of April 1, 2024, USCIS service centers are no longer accepting Form I-129 petitions requesting H-1B or H-1B1 (HSC) classification.

We will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will beno grace periodprovided.

As of April 1, 2024, all paper-filed Form I-129 petitions requesting H-1 or H-1B1 (HSC) classification, including those with a concurrent Form I-907, Request for Premium Processing Service, and those with concurrently filed Form I-539 and/or Form I-765, must be filed at a USCIS lockbox facility. You can find the lockbox filing addresses for paper-filed forms on ourForm I-129 Direct Filing Addressespage.

If you are filing Form I-129 alone or with Form I-907, you may also file online. On March 25, USCIS launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS began accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected. To file online, visit myaccount.uscis.gov.

In addition, on Feb. 28, 2024, USCIS launched newUSCIS organizational accountsthat allow multiple people within a company and their legal representatives to collaborate and prepare H-1B registrations, online H-1B petitions, and associated online requests for premium processing.

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Forms and Document Downloads

Form I-129 (PDF, 2.07 MB)

Instructions for Form I-129 (PDF, 549.11 KB)

Optional Checklist for Form I-129 H-1B Filings (PDF, 273.56 KB)

Optional Checklist for Form I-129 H-2A Filings (PDF, 271.5 KB)

Optional Checklist for Form I-129 H-2B Filings (PDF, 268.73 KB)

Optional Checklist for Form I-129 R-1 Filings (Religious Workers) (PDF, 380.52 KB)

Dictionary of Occupational Titles (DOT) Codes (PDF, 123.74 KB)

Form Details

Edition Date

04/01/24. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions.

Where to File

See ourDirect Filing Addresses for Form I-129, Petition for Nonimmigrant Workerpage.

Filing Fee

You can find the filing fee for Form I-129 by visiting our Fee Schedule page.

You can pay the fee with a money order, personal check, cashier’s check, orpay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make it payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. If you pay by credit card or debit card, you cannot later dispute the payment.

If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.

Checklist of Required Initial Evidence (for informational purposes only)

View thechecklistof required initial evidence.

Form Filing Tips

Completeall sectionsof the form.

Filing Tips:Review ourTips for Filing Forms by Mailpage for information on how to ensure we will accept your form.

Don’t forget to sign your form. We will reject any unsigned form.

Special Instructions

Extension of Stay Requests for Beneficiaries Who Entered the United States Based on an Approved Blanket L Petition

All petitioners requesting an extension of stay for a beneficiary who entered the United States based on an approved blanket L petition must file the following:

Form I-129, Petition for a Nonimmigrant Worker;
Form I-129S, Nonimmigrant Petition Based on Blanket L Petition;and
A copy of their previously approved Form I-129S.

We may reject any Form I-129 for an L-1 blanket extension of stay request that does not also include Form I-129S.

Change of Status Requests for Beneficiaries Who are in the United StatesBased on an Approved Blanket L Petition

All petitioners requesting a change of status to L-1 based on an approved blanket L petition for a beneficiary who is currently in the United States must file the following:

Form I-129, Petition for a Nonimmigrant Worker;and
Form I-129S, Nonimmigrant Petition Based on Blanket L Petition.

We may reject any Form I-129 for an L-1 blanket change of status request that does not also include Form I-129S.

Evidence of Petition Approval Needed When Traveling

Along with a valid passport and visa (if applicable), the noncitizen beneficiary should carry the following documents when traveling to the United States:

Form I-797, Notice of Action, stating we approved the petition; or
A copy of the approved Form I-129S (if applicable).

The beneficiary should present this documentation to U.S. Customs and Border Protection when seeking entry or re-entry into the United States in the approved Form I-129 employment classification.

Evidence of a petition approval is not a visa, and the beneficiary must possess the appropriate nonimmigrant visa (if one is required) before applying for admission into the United States.

Form I-94 Validity

When the beneficiary with an approved Form I-129 is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on Form I-94, Arrival/Departure Record, or as noted in the passport or travel document.

If the expiration date on Form I-94 ends before the end of Form I-129's validity period (as shown on Form I-797, Notice of Action) one of the following must occur before the expiration date on Form I-94 or as noted in the passport or travel document:

A petitioner must file a request for an extension of stay on behalf of the beneficiary using Form I-129;
The beneficiary must file an application for some other immigration benefit that would allow them to remain in the United States; or
The beneficiary must depart the United States.

If the nonimmigrant worker’s stay is limited as described above, any dependent family members who accompanied or followed to join the beneficiary must also:

Timely request an extension of stay using Form I-539;
Timely apply for some other immigration benefit that would allow the family member to remain in the United States; or
Depart the United Statesbefore the expiration date on the family member’s Form I-94 or the date noted in the family member’s passport or travel document.

Part 6 - Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States

Petitioners must complete Part 6 of Form I-129 if they are seeking to classify a nonimmigrant worker as H-1B, H-1B1 Chile/Singapore, L-1, and O-1A.Part 6 is not required for petitions for all other classifications, including but not limited to blanket L petitions (LZ).See Part 6 of Form I-129: Frequently Asked Questionsfor more information.

Troubled Asset Relief Program

Employers who received funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (“covered funding”) are no longer required to answer question 1d in Part A of the H-1B Data Collection and Filing Fee Exemption Supplement.

For Residence in the Commonwealth of the Northern Mariana Islands (CNMI)

You must follow additional guidance if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information, please visit ourGrants of Statuspage.

When completing Form I-129, please list your CNMI P.O. Box when asked for a street or physical address. File your petitionsfor employment or services in the CNMI, regardless of classification,with the Texas Service Center.

U.S. Postal Service (USPS):

USCIS Texas Service Center
Attn: I-129 CNMI
6046 N Belt Line Rd. STE 129
Irving, TX 75038-0013

FedEx, UPS, and DHL deliveries:

USCIS Texas Service Center
Attn: I-129 CNMI
6046 N Belt Line Rd. STE 129
Irving, TX 75038-0001