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Nonimmigrant Worker Petition (H-1B, L-1, O-1): Petition for a Nonimmigrant Worker
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Form I-129 in short
Form I-129 is the petition an employer files to bring a foreign worker to the United States temporarily, or to extend or change that worker's status. It covers H-1B, H-2A, H-2B, H-3, L-1, O, P, Q, and R-1 workers, and E, E-3, H-1B1, and TN extensions or changes inside the United States. The form is a base petition plus classification supplements.
| Issued by | U.S. Citizenship and Immigration Services (USCIS) |
|---|---|
| Current version | Edition 09/09/26 (checked 2026-10-25) |
| Who fills it in | A U.S. employer. In some classifications a foreign employer, a U.S. agent, or an association of U.S. agricultural employers may file, as the instructions explain. The worker does not file it for themselves. |
| Who receives it | USCIS. If the worker is abroad, USCIS notifies the U.S. consulate or port of entry named in Part 4 after approval. |
| Where to send it | By mail or online. Online filing is available for E, H-1B (including H-1B1), cap-exempt H-2B, H-3, L-1A, L-1B, blanket L, O, P, Q, R-1, and TN petitions. Paper filers use the Direct Filing Addresses for Form I-129 page. Filing locations changed on Oct. 7, 2026, with a grace period for forms postmarked on or before Nov. 9, 2026. Petitions for work in the CNMI go to the Texas Service Center. |
| Deadline | Generally no more than 6 months before the employment start date. For an extension, file before the worker's current stay ends. H-1B cap petitions can be filed only for registrations that were selected. |
| Fee | Varies by classification and employer size. Base fees on paper (online $50 less where online filing exists): H-1B or H-1B1 $780, L $1,385, O $1,055, E, H-3, P, Q, or TN $1,015, H-2A named $1,090, H-2B named $1,080, R $510. Small employers (25 or fewer full-time equivalent employees) and nonprofits pay reduced fees. An Asylum Program Fee of $600 applies to regular petitioners ($300 small employer, $0 nonprofit). Some petitions add a $500 Fraud Prevention and Detection fee, the H-1B ACWIA fee of $1,500 or $750, a $150 H-2B fraud fee, or the Pub. L. 114-113 fee of $4,000 (H-1B) or $4,500 (L-1). (Form G-1055 Fee Schedule, edition 10/16/26, checked 2026-10-25.) Pay by card (Form G-1450) or bank ACH (Form G-1650) unless you qualify for the paper payment exemption (Form G-1651). |
| Official links | Official page · Official PDF · Official instructions |
What changed
USCIS published edition 09/09/26 with the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas final rule, effective Sept. 9, 2026. Covered employers (50 or more U.S. employees with more than half in H-1B or L status) now pay that fee on all H-1B and L-1 petitions, except amended petitions that do not seek an extension. The 02/27/26 edition is accepted only if postmarked or submitted before Nov. 9, 2026.
How to fill out Form I-129, line by line
| Part 1 | Petitioner information Legal name of the company or person filing, U.S. mailing address of the primary office, contact person, FEIN, and other tax details. |
| Part 2 | Information about this petition Enter the classification symbol (for example H-1B, L-1A, O-1A), the basis for classification such as new employment or change of employer, and the one requested action, such as consular notification or change of status. |
| Part 3 | Beneficiary information Name, birth details, passport, I-94, and current status of each worker. For named groups, the instructions explain when more than one worker can be listed. |
| Part 4 | Processing information The U.S. consulate or port of entry to notify if the worker is abroad, plus questions about dependents, other petitions, and prior status. |
| Part 5 | Proposed employment and employer Job title, LCA or ETA case number, work addresses including any third-party site, itinerary, full-time status or hours, wages, dates of intended employment, type of business, year established, number of U.S. employees, and gross and net annual income. |
| Part 6 | Export control certification Required for H-1B, H-1B1 Chile/Singapore, L-1, and O-1A. State whether a U.S. export license is needed to release controlled technology or technical data to the worker. |
| Part 7 | Petitioner signature An authorized signatory of the employer signs and dates. A typed name is not accepted. |
| Supplements | Classification supplements Add the supplement for the category: E-1/E-2, Trade Agreement, H Classification, H-1B Data Collection and Filing Fee Exemption, L, O and P, Q-1, or R-1. The H-1B data supplement decides the ACWIA fee. |
Common mistakes to avoid
- Using the 02/27/26 edition on or after Nov. 9, 2026. USCIS will reject it.
- Leaving out the 9-11 Biometric Fee for a covered employer's H-1B or L-1 petition postmarked on or after Sept. 9, 2026.
- Missing the classification supplement, or the H-1B Data Collection and Filing Fee Exemption Supplement for H-1B and H-1B1.
- Selecting more than one requested action in Part 2. The instructions say to choose only one.
- Filing more than 6 months before the employment start date.
- Filing a cap-subject H-2B petition online. USCIS says it will deny it and not refund the fees.
- For an L-1 blanket extension or change, not including Form I-129S.
- Not signing the form, or using a typed, stamped, or pasted image signature. USCIS rejects improperly signed forms.
Questions about Form I-129
Can the worker file Form I-129 for themselves?
Generally no. The employer, or in some categories an agent or foreign employer, files it. The worker is the beneficiary.
Can I file Form I-129 online?
Yes for E, H-1B, cap-exempt H-2B, H-3, L-1, blanket L, O, P, Q, R-1, and TN petitions. Other categories are filed by mail.
How much does Form I-129 cost?
It depends on the classification and employer size. For example, an H-1B petition is $780 on paper or $730 online plus additional fees such as the Asylum Program Fee. Check Form G-1055.
Do the worker's spouse and children need their own form?
Yes. Dependents generally file Form I-539 to extend or change status. If filed together with the I-129, USCIS reviews them together.
Is an approved I-129 a visa?
No. USCIS says approval is not a visa. A worker abroad who needs a visa still applies at a U.S. consulate.
Can I get faster processing?
Some classifications qualify for premium processing with Form I-907 and a separate fee.
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Sources
Checked against the official sources on 2026-10-25. PDF Editor Hub is not affiliated with the U.S. Citizenship and Immigration Services or any government agency. This page is general information, not legal or tax advice.
- https://www.uscis.gov/i-129
- https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf
- https://www.uscis.gov/sites/default/files/document/forms/i-129instr.pdf
- https://www.uscis.gov/i-129-addresses
- https://www.uscis.gov/g-1055
- https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
- https://www.uscis.gov/file-online/forms-available-to-file-online
- https://www.federalregister.gov/documents/2026/08/10/2026-16231/9-11-response-and-biometric-entry-exit-fee-for-h-1b-and-l-1-visas