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
Edition Date:
4/1/06. Prior versions
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:
$190.00
Special
Instructions:
Note that premium-processing fees are optional and
additional (see form I-907).
You may be eligible to file this form electronically.
Please see the information at the related link "Introduction
to Electronic Filing".
Note on Filing Fee:
A U.S. employer filing an H-1B petition must submit the
$190 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 $1500 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.
Note on Where to File:
Exceptions for NAFTA Countries (Mexico and Canada)
If you are filing for a national from Mexico and are
applying for initial classification as a TN (Trade NAFTA), you
will not need to complete the Form I-129. More information is
available on the Department of State TN Visa website about
applying at a U.S. Consular post abroad.
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
Vermont Service Center.
Download I-129 Instructions for filling out (704KB)
Download I-129 (641KB PDF)
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