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Form I-129
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Petition for a Nonimmigrant Worker  |
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Purpose |
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. |
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Size |
35 Pages + Instructions |
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Edition Date |
10/07/11 (01/19/11; 11/23/10 edition also accepted) |
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Where to File |
In most cases, file this form with the Service Center
responsible for the state in which the employment
or training will be performed.
Exceptions for NAFTA Countries (Mexico and Canada)
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If you are filing for a national from Mexico
for initial classification as a TN
(Trade NAFTA), file your application with
the Nebraska Service Center.
If
you are filing for a national from Canada,
and applying for initial classification as
a TN
(Trade NAFTA), you will not need to complete
Form I-129. See 8 CFR 214.6 for information
on applying at a U.S. port of entry.
If you are applying for a national from Mexico
or Canada, who is already in the U.S., and
applying for a change of status to TN, or
extension of stay as a TN,
file at the Nebraska Service Center. |
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Filing Fee |
Base Fee: $325.
A U.S. employer
filing an H-1B
petition must submit the $325
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
$1,500 or $750
. 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 $1,500
or $750 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.
NOTE: H-1B
and L-1
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. The $500
Fraud Prevention and Detection Fee is never required
for petitions for H-1B1 Free Trade Nonimmigrants
from Chile or Singapore.
Note
that premium processing fees are optional and additional
(see form I-907). |
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Special Instructions |
All filings for employment or services in the Commonwealth of Northern Mariana Islands (CNMI) are filed with the California Service Center, regardless of classification, at:
P.O. Box 10698,
Laguna Niguel,
CA 92607-1098.
All courier/express deliveries should be forwarded to
24000 Avila Road,
2nd Floor,
Room 2312,
Laguna Niguel,
CA 92677.
Note on Expiration: USCIS continues to accept the 12/04/09 version of Form I-129, despite the passing of the form's expiration date. You can download the form using the link below. An updated form with a new expiration date will be posted as soon as it becomes available. |
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