Petition for a Nonimmigrant Worker
Purpose of Form:
Employers may use this form to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2B, H-3, L-1, O-1, P-1, P-2, P-3, or Q-1 nonimmigrant worker. Employers may also use this form to petition for 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: Form: 17 & Instructions: 16
07/30/07. Prior versions also accepted. acceptable.
Where to File:
Mail this form to:
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden St.
Saint Albans, Vermont 05479
Unless the beneficiary is covered under NAFTA. See NAFTA notes below.
Filing Fee: $320.00
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. You can read more information on this by opening Form I-907, located in the upper right corner of this page under “Related Links.”
You may be eligible to file this form electronically. Please review “Introduction to Electronic Filing,” located in the upper right corner of this page under “Related Links”.
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 $500 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. More details are available by selecting “Chart: Direct Filing Addresses…” located in the upper right corner of this page under “Related Links”