Form I-129, 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 (or amend the details of) 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 (on or after the indicated start date) 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 (8 pages for the main form, and the remaining pages for various supplements not all of which may be applicable to every petition) and the instructions for the form are 29 pages long.[1] It is one of the many USCIS immigration forms.
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:[1] [2]
| Visa | Quick description | Supplements needed on Form I-129 | Initial evidence needed (not an exhaustive list) | Multiple beneficiaries allowed on the single petition? | |
|---|---|---|---|---|---|
| Temporary workers for specialty occupations that require a bachelor's degree or equivalent | part of the H classification supplement (pages 13–14, 19–21) | Labor Condition Application approved by the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor Certification[3] | No | ||
| part of the H classification supplement | No | ||||
| Fashion model of prominence | part of the H classification supplement | Labor Condition Application approved by the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor Certification | No | ||
| Temporary agricultural workers | part of the H classification supplement (pages 13–17) | H-2A Temporary Labor Certification (TLC) obtained from the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor Certification | Yes | ||
| Temporary non-agricultural workers for non-specialty occupations | part of the H classification supplement (pages 13–17) | H-2B Temporary Labor Certification (TLC) obtained from the U.S. Department of Labor Employment & Training Administration Office of Foreign Labor Certification | Yes | ||
| Temporary visa for trainees or special education workers who intend to perform their eventual job outside the United States | part of the H classification supplement (page 13, first line of page 14, page 18) | Yes | |||
| Temporary visa for employees at companies with both US and foreign offices | L classification supplement (pages 22–25) | No | |||
| O visas (O-1, O-2) | 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 artist | O and P classification supplement (pages 26–28) | Consultation opinion[4] | Only for O-2 | |
| P visas (P-1, P-1S, P-2, P-2S, P-3, P-3S) | Temporary visa for individual or team athletes (P-1), or artists or entertainers who are part of a reciprocal exchange (P-2) or culturally unique (P-3) program. Visas for people providing support to these are called P-1S, P-2S, and P-3S respectively | O and P classification supplement (pages 26–28) | Consultation opinions | Yes | |
| International cultural exchange alien | Q classification supplement (page 29) | Yes | |||
| Alien in a religious occupation | R classification supplement (pages 30–34) | No |
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:
| Visa | Countries it applies to | Corresponding free trade agreement | Type of workers | |
|---|---|---|---|---|
| All treaty countries[5] | Trader | |||
| All treaty countries | Investor | |||
| Worker, similar to the H-1B visa, but with much more flexibility with respect to switching jobs. | ||||
| Specialty occupations allowed for H-1B (that requires an undergraduate education or equivalent) plus some additional explicitly listed occupations | ||||
| A narrow list of specialty occupations (more narrow than for the H-1B). |
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.[6]
For each of the classifications for which Form I-129 can be filed, there are associated visa classes for dependents (spouses and minor children), 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.[7]
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.[8]
Form I-129 is unrelated to Form I-129F, a form used by the fiancé(e)s of citizens and permanent residents to acquire fiancé(e) non-immigrant status, usually with the intention to file for Adjustment of Status after arriving in the United States.[9]