I-129 Form Guide: Processing Time, Filing Address & Instructions

Want to bring talented foreign workers to the U.S. temporarily? Whether it’s skilled professionals, seasonal laborers, entertainers, or cultural exchange participants, employers must file the right paperwork to make it happen. That paperwork starts with Form I-129, the essential petition to get USCIS approval for nonimmigrant workers.

In this guide, we’ll break down everything you need to know about Form I-129 — from processing times and filing steps to where to send your application and more.

What is Form I-129

Form I-129, Petition for a Nonimmigrant Worker, is the official USCIS form employers use to request permission to temporarily hire foreign nationals in the United States under various visa categories

A wide range of visa categories need this form completed on their behalf, including

Where to File Form I-129

All Forms I-129, Petition for a Nonimmigrant Worker, are filed at either the Texas Service Center (TSC) or a USCIS lockbox facility. Each visa category has unique instructions. Therefore, it is critical to check the instructions for the appropriate classification found on the USCIS I-129 webpage.

Pay particular attention to “Petitioner’s Primary Office State” as the address will be different for each state. Sending to the wrong lockbox location or address will result in delays.

I-129 Processing Time

The average processing time is 3.8 months according to USCIS data.

The I-129 processing time will largely depend on

  • Which visa category are you applying for
  • The field office handling your case and its current visa backlogs.

For example, if you apply for an H-1B visa (to be issued abroad), your case might be handled by the California Field Office.

If you apply for an L-Intracompany transfer, your petition could be processed by the Texas Service Center.

Since each office and visa has its own workload and procedures, the processing time will likely differ depending on where your case is reviewed.

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Processing Times Tool

  • The USCIS Processing Time tool provides estimates on how long you can expect the processing to take.
  • Estimates are based on how long it takes USCIS to complete 80% of adjudicated cases over the past six months.
  • Some cases may take longer than others. USCIS generally only allows case inquiries for cases that are “well outside the processing time listed above”.

It’s best to first consult your immigration attorney before contacting USCIS directly.

What is the I-129 filing fee? 

The I-129 filing fee varies depending on the specific nonimmigrant visa category and whether the employer is a small employer or a nonprofit. Fees can be found in the appendix of the G-1055 fee schedule.

A few common I-129 fees include:

  • H-1B (Regular): $780
  • H-1B (Small Employers/Nonprofits): $460
  • L-1 (Regular): $1,385
  • L-1 (Small Employers/Nonprofits): $695
  • O-1 (Regular): $1,055
  • O-1 (Small Employers/Nonprofits): $530

Instructions for Completing Form I-129

This aims to explain how to fill out each section of the form I-129:

The top portion of page 1 should be reserved for USCIS only.

Part 1. Petitioner Information

  • For individuals filing the Form I-129 petition, you should complete question one.
  • If you are a company or organization, answer question two instead.

i-129 form

  • Line 1 asks for the legal name of the individual petitioner.
  • Line 2 asks for the company or organization name.
  • In line 3, fill out the mailing address of the individual, company or organization.
  • Lines 4 and 5 are for contact information and other information like the Federal Employer Identification Number, Individual IRS tax number, and U.S. Social Security number (if any).

Part 2. Information About This Petition

In part 2, you will need to fill out the:

  • Requested nonimmigrant classification
  • Basis for classification
  • Most recent petition/application receipt number for the beneficiary (if one exists)
  • Requested action
  • Total number of workers included in the petition

Part 3.  Beneficiary Information 

This section is information about the beneficiary/beneficiaries you are filing for. If an entertainment group, fill in the group name in line 1.

  • In lines 2-4, provide the name of the beneficiary, date of birth, gender and U.S. social security number (if any).
  • If the beneficiary has an alien registration number, that should be included as well. If the beneficiary is currently in the United States, complete line 5 with their date of last arrival, I-94 arrival-departure record number, passport or travel document number, etc.
  • In line 6 complete their current residential U.S. address.

Part 4. Processing Information

If a beneficiary or beneficiaries named in Part 3. is/are outside the United States, or a requested extension of stay or change of status cannot be granted, state the U.S. Consulate or inspection facility you want to be notified if this petition is approved in line 1a-d.

The rest of part 4 asks yes or no questions about whether any other petitions are being filed alongside, and if you are filing applications for any dependents in the petition.

Part 5. Basic Information About the Proposed Employment and Employer 

Be sure to attach the Form I-129 supplement relevant to the classification of the worker(s) you are requesting.

  • In lines 1-3, complete the job title, LCA or ETA case number, and address where the beneficiary will work if different from the address in part 1.
  • Lines 4-14 ask questions related to the job position, including
    • wages
    • whether they will work off-site at another company or organization’s location
    • other compensation
    • dates of employment
    • type of business

Part 6. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States

If the immigration benefit sought falls under the H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitions, then you should select item number 1 or 2, as appropriate.

Part 7. Declaration, Signature, and Contact Information of Petitioner or Authorized Signatory

This section is pretty standard and has you certify, under penalty of perjury that any copies of documents you submit are “exact photocopies of unaltered, original documents, and I understand that, as the petitioner, I may be required to submit original documents to U.S. Citizenship and Immigration Services (USCIS) at a later date.”

 By signing, you also authorize the release of any information from the records or the organization’s records that USCIS needs to determine the case for the visa/immigration benefit sought.

Part 8. Declaration, Signature, and Contact Information of Person Preparing Form, If Other Than Petitioner

In this section, you will need to provide information about the preparer, including the name, business or organization name, mailing address, and contact information.

Below that, the preparer will need to certify and sign that the information in the form and supporting documents is complete, true, and correct.

Part 9. Additional Information About Your Petition For Nonimmigrant Worker

This section of Form I-129 is used to provide supplemental details that do not fit into earlier parts of the form. The visa classification supplements are formally located here, and include:

E-1/E-2 Classification Supplement to Form I-129

Those who are seeking an E-1/E-2 visa should complete this supplement on pages 9 and 10.

Trade Agreement Supplement to Form I-129

This supplement may be required for foreign workers seeking entry to the U.S. under specific trade agreements, including:

  • NAFTA (now USMCA)

  • U.S.-Chile Free Trade Agreement

  • U.S.-Singapore Free Trade Agreement

  • U.S.-Australia Free Trade Agreement

Purpose:

To confirm that the prospective worker:

  • Meets the requirements of the applicable trade agreement

  • Is eligible for the requested nonimmigrant visa classification

Required Information:

  • Name of the trade agreement

  • Employer and worker details

  • Job title and description of duties

  • Evidence the worker meets the trade agreement’s qualifications

H Classification Supplement to Form I-129

This supplemental form is required when an employer petitions for a foreign national under H visa status.

Instructions:

  • Complete pages 13–21 as applicable.

What’s Included:

  • Employer information

  • Foreign national worker details

  • Job title and description

  • Proposed terms of employment, including:

    • Wage offered

    • Duration of employment

Why does USCIS need this information? 

This information helps USCIS determine whether the employer and the foreign national meet the eligibility requirements for the specific H visa category and whether the employment is ultimately in the best interest of the U.S.

L Classification Supplement to Form I-129

This supplement (pages 22-25) applies to multinational companies who wish to transfer employees from their foreign offices to their offices in the United States.

What’s Required:

  • Petitioner and beneficiary details

  • Qualifying relationship between the U.S. and foreign entities

  • Proposed job duties and qualifications of the beneficiary

  • Description of the relationship between the two companies

O and P Classifications Supplement to Form I-129

This supplement is for individuals seeking O or P visas, including:

  • Those with extraordinary abilities in the arts, sciences, education, business, or athletics

  • Athletes, artists, entertainers, and essential support personnel

What’s Required:

  • Beneficiary’s qualifications, including:

    • Awards

    • Publications

    • Performances

  • Nature of the proposed work

  • Employer details and employment terms

Q-1 Classification Supplement to Form I-129

This section is for U.S. employers hiring nonimmigrant workers to participate in an international cultural exchange program.

Purpose:

To support workers involved in programs that include:

  • Practical training

  • Employment opportunities

  • Sharing of the participant’s home country culture with communities in the U.S.

R-1 Classification Supplement to Form I-129

This part of the form that is used as part of the application process for religious workers seeking to enter the United States temporarily to work for a qualified religious organization.

The R-1 Classification Supplement requires

  • Religious organization details, including:

    • History

    • Structure

    • Operations

  • Religious worker information, including:

    • Qualifications

    • Experience

  • Description of proposed work and how it supports the organization’s religious mission and activities

I-129 Direct Filing 

Where do I send my I-129 form?

The I-129 nonimmigrant filing locations can be found on this USCIS page. Depending on which visa/immigration benefit is sought will make the difference in which location to send it to.

It’s always best to consult with your immigration attorney to verify the correct filing location.

For H-1B and H-1B3 regular cap subject petitions, you should refer to your registration selection notice to determine the appropriate service center at which to file your petition.

If you fail to file your petition at the service center indicated on your selection notice, you risk having it rejected.

Frequently Asked Questions

What does I-129 approval mean?

If you I-129 is approved, that 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.

What is I-129 and I-797?

There are different types of I-797 forms, each serving a specific purpose. For example, an I-797C is used to acknowledge receipt of an application or petition, while an I-797A is used to notify an applicant that their application or petition has been approved and includes a tear-off portion that can be used as evidence of the approval. The I-797 form provides information about the status of an application or petition and serves as proof of approval.

What is an I-129S document?

The I-129S is for workers eligible for an L-1 visa based on a blanket L petition.

Is I-129 required for H-1B stamping?

When applying for the H-1B visa stamp, the following documents should be present to the consular officer:

  • Passport (valid for at least six months)
  • Original H1B approval notice
  • Photocopy of LCA
  • Photocopy of Form I-129
  • Appointment schedule letter
  • DS-160 barcode confirmation
  • Letter for the H-1B visa application provided by your employer
  • Payment stubs for at least the last three months
  • H classification supplement to form I-129
  • Employment verification letter
  • Request for working conditions for H-1B and H-1B1 non-immigrants
  • Monthly statements (last three months)
  • For dependents, include documents to establish the relationship (i.e., birth and marriage certificates)

documents for h1b visa stamp

What if I have a change in previously approved employment?

This should be thoroughly discussed with your immigration attorney. The VisaNation Law Group team has an excellent track record of employment-based immigration approvals. Schedule a consultation to learn more.