Form I-129 (Petition for a Nonimmigrant Worker)

What Form I-129 covers

Form I-129 is the workhorse petition for nonimmigrant work visas. A single form supports many distinct visa categories through category-specific supplements. The form is published at uscis.gov/i-129.

The visa categories that use Form I-129:

• H-1B: Specialty occupations requiring at least a bachelor's degree. The most common employment-based nonimmigrant visa. See our H-1B Cap 2026 Guide.
• H-1B1: Specialty occupations under U.S. free trade agreements with Chile and Singapore.
• H-2A: Temporary agricultural workers.
• H-2B: Temporary nonagricultural workers (hospitality, landscaping, seasonal labor).
• H-3: Trainees in U.S. company training programs.
• L-1A: Intracompany transfer of executives and managers. See our L-1 Intracompany Transfer Guide.
• L-1B: Intracompany transfer of specialized-knowledge employees.
• O-1A: Extraordinary ability in sciences, education, business, or athletics. See our O-1 Extraordinary Ability guide.
• O-1B: Extraordinary ability in the arts; extraordinary achievement in motion picture or television.
• O-2: Essential support personnel for O-1A or O-1B.
• P-1A: Internationally-recognized athletes.
• P-1B: Members of internationally-recognized entertainment groups.
• P-2: Performers in reciprocal exchange programs.
• P-3: Artists or entertainers in culturally unique programs.
• Q-1: International cultural exchange visitors.
• R-1: Religious workers.
• TN: Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA), the successor to NAFTA.

Who files Form I-129

The petitioner is almost always a U.S. employer. The beneficiary (the foreign worker) does not file. Self-petitioning is not permitted for any I-129 category. The petitioner must:

• Be a bona fide U.S. employer with operations in the United States.
• Have the ability to pay the offered wage.
• Meet category-specific requirements (LCA filing for H-1B, qualifying corporate relationship for L-1, consultation for O-1, etc.).
• Make a real job offer to the beneficiary.

In narrow cases, a U.S. agent may file on behalf of a foreign employer (for O and P categories where the principal works for multiple end-clients). The agent must be authorized by both the petitioner and the beneficiary.

Filing fee in 2026

The base 2026 USCIS filing fee for Form I-129 is $1,015. Several additional fees apply depending on the category and employer:

Asylum Program Fee

• $600 for most employer-petitioners.
• $300 for small businesses with 25 or fewer employees.
• $0 for non-profit research organizations and educational institutions.

Category-specific fees

• H-1B ACWIA fee: $750 for employers with 25 or fewer full-time equivalent employees; $1,500 for larger employers. Used to fund U.S. worker training.
• H-1B and L-1 Fraud Prevention and Detection fee: $500 for new petitions and changes of employer.
• Public Law 114-113 fee: $4,000 for H-1B or $4,500 for L-1 employers with 50+ U.S. employees where more than half hold H-1B or L visas. Applies to large IT services companies.
• H-2 fees: Specific to agricultural and non-agricultural seasonal worker programs.

Premium processing (Form I-907)

Optional. $2,805 in 2026. Guarantees USCIS adjudication within 15 business days. Available for most I-129 categories. Widely used in H-1B, L-1, and O-1 cases where speed matters.

The Labor Condition Application (LCA)

For H-1B, H-1B1, and E-3 cases, the employer first files the Labor Condition Application (Form ETA-9035) with the Department of Labor. The LCA confirms:

• The employer will pay the higher of the actual wage paid to similarly-employed U.S. workers at the worksite or the prevailing wage for the occupation in the geographic area.
• Working conditions will not adversely affect U.S. workers similarly employed.
• There is no strike or lockout at the worksite.
• The employer has given notice to U.S. workers of the LCA filing.

The certified LCA is filed with the I-129 H-1B petition. LCA certification typically takes 7 days. Cases with prevailing-wage challenges can take longer.

The H-1B cap and lottery

Most H-1B cases are subject to the annual statutory cap:

• 65,000 regular cap visas for beneficiaries with bachelor's degrees or equivalent.
• 20,000 master's cap visas for beneficiaries with U.S. master's degrees or higher.

USCIS runs an electronic pre-registration lottery in March of each year:

1. Pre-registration period. Employers register prospective H-1B beneficiaries through the USCIS online system.
2. Selection. USCIS conducts a random selection from registered candidates to fill the projected cap.
3. Filing. Selected employers can then file Form I-129 H-1B petitions between April 1 and June 30 for an October 1 start date.

Cap-exempt employers (institutions of higher education, affiliated nonprofit research, and government research organizations) file H-1B petitions year-round without the lottery. The majority of medical-school faculty, academic research positions, and university roles are filed cap-exempt under INA section 214(g)(5).

L-1 specific considerations

L-1 cases require a qualifying corporate relationship between the U.S. petitioner and the foreign employer (parent, subsidiary, branch, or affiliate) and at least one year of qualifying employment of the beneficiary at the foreign entity in the three years before the petition. The L-1A (executive/manager) and L-1B (specialized knowledge) categories have different evidentiary standards and maximum stays.

O-1 specific considerations

O-1 cases require a written advisory opinion (consultation) from a peer group, union, or person of expertise in the field. The petition must also include detailed evidence supporting the extraordinary ability claim, including expert support letters, awards, publications, and industry recognition.

AC21 portability

The American Competitiveness in the 21st Century Act (AC21) lets H-1B workers begin work for a new employer as soon as USCIS receives a new H-1B petition (rather than waiting for approval). The provision is called H-1B portability. It is invoked under INA section 214(n) and requires:

• The H-1B worker was in valid H-1B status when the new petition was filed.
• The H-1B worker has not been employed without authorization in the U.S. since admission.
• The new employer's I-129 petition is non-frivolous.

Other I-129 categories generally do not have AC21-style portability. L-1, O-1, and other workers typically must wait for USCIS approval of the new petition before changing employers, with some narrow exceptions.

What happens after I-129 approval

If the I-129 petition is approved and the beneficiary is in the U.S., they can typically begin work in the new category (or with the new employer) on the start date specified in the petition. If the beneficiary is abroad, they must apply for the visa stamp at a U.S. consulate before re-entering the U.S. and starting work.

The Form I-129 approval typically arrives as Form I-797A (Notice of Action with attached I-94) for change of status or extension cases, or Form I-797B for cases requiring consular processing. The I-94 portion shows the approved class of admission and validity period.

Family on I-129 status

Most I-129 categories allow derivative status for spouses and unmarried children under 21:

• H-1B → H-4 spouse and children. H-4 spouses with an approved I-140 may apply for an EAD.
• L-1 → L-2 spouse and children. L-2 spouses are work-authorized incident to status.
• O-1 → O-3 spouse and children. O-3 spouses cannot work in the U.S.
• P, Q, R-1 → P-4, Q-3, R-2 derivatives. Most do not allow spousal work.

Frequently asked questions

Go deeper

For category-specific deep dives, see our H-1B Cap 2026 Guide, the L-1 Intracompany Transfer Guide, the O-1 Extraordinary Ability guide, and the Employment Visas pillar. For the green-card path that often follows I-129 status, see the Form I-140 glossary entry and the Visa Bulletin entry. Return to the Immigration Glossary hub for other terms.