Form I-129


Form I-029, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.

Visa statuses for which the form is required or may be used

Visa statuses that require the form for initial employment as well as extension or change of status

For the following statuses, a Form I-129 must always be filed for initial employment as well as for extension of status or change to employment details:
VisaQuick descriptionSupplements needed on Form I-129Initial evidence needed Multiple beneficiaries allowed on single petition?
H-1B visaTemporary workers for specialty occupations that require a bachelor's degree or equivalentpart of the H classification supplement Labor Condition Application approved by the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor CertificationNo
H-1B2 visaExceptional services relating to a cooperative research and development project administrated by the U.S. Department of Defensepart of the H classification supplementNo
H-1B3 visaFashion model of prominencepart of the H classification supplementLabor Condition Application approved by the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor CertificationNo
H-2A visaTemporary agricultural workerspart of the H classification supplement H-2A Temporary Labor Certification obtained from the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor CertificationYes
H-2B visaTemporary non-agricultural workers for non-specialty occupationspart of the H classification supplement H-2B Temporary Labor Certification obtained from the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor CertificationYes
H-3 visaTemporary visa for trainees or special education workers who intend to perform their eventual job outside the United Statespart of the H classification supplement Yes
L-1 visaTemporary visa for employees at companies with both US and foreign officesL classification supplement No
O visas O-1: Temporary visa for an employee who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry. O-2: Temporary visa for somebody who assists an O-1 athlete or artistO and P classification supplement Consultation opinionOnly for O-2
P visas Temporary visa for individual or team athletes, or artists or entertainers who are part of a reciprocal exchange or culturally unique program. Visas for people providing support to these are called P-1S, P-2S, and P-3S respectivelyO and P classification supplement Consultation opinionsYes
Q-1 visaInternational cultural exchange alienQ classification supplement Yes
R-1 visaAlien in a religious occupationR classification supplement No

Visa statuses that require the form only for change of status

For visa statuses associated with free trade agreements, a Form I-129 is needed only if the worker is transitioning status while within the United States. Workers who are outside the United States can directly apply for a visa based on their job offer and other supporting documents. The statuses include:
VisaCountries it applies toCorresponding free trade agreementType of workers
E-1 visaAll treaty countriesTrader
E-2 visaAll treaty countriesInvestor
E-3 visaAustraliaAustralia-United States Free Trade AgreementWorker, similar to the H-1B visa, but with much more flexibility with respect to switching jobs.
H-1B1 visaChile, SingaporeChile-United States Free Trade Agreement, Singapore-United States Free Trade AgreementSpecialty occupations allowed for H-1B plus some additional explicitly listed occupations
TN visaCanada, MexicoNorth American Free Trade AgreementA narrow list of specialty occupations.

Relation with visa process

For the visa classifications that require Form I-129, a person outside the United States needs to apply for the corresponding visa. The visa application must include an approved Form I-129 as well as other supporting documents necessary for the visa status.
For each of the classifications for which Form I-129 can be filed, there are associated visa classes for dependents, such as the H-4 visa for H visa holders and the O-3 visa for O visa holders. Those already present in the United States who want to transition to dependent status can file Form I-539 for change of status.
Whether an individual holds a single-entry or multiple-entry visa, the applicant may need to apply for visas multiple times if traveling outside the United States repeatedly. Each of these visa applications will rely on the same approved Form I-129 that is used as the basis for the worker's current work authorization; those who have already started employment may also need to submit additional proof showing that they have been working for the employer their status is associated with since the start date.

Relation with other forms

Form I-129 is unrelated to Form I-129F, a form used by the fiancés of citizens and permanent residents to acquire fiancé non-immigrant status, usually with the intention to file for Adjustment of Status after arriving in the United States.