What to Include with Form I-129, by Visa Type

Form I-129, also known as the “Petition for Nonimmigrant Worker,” is a document used by employers looking to bring in workers from abroad for temporary jobs in the US.

Along with Form I-129, you’ll need to submit specific documents and evidence to USCIS depending on the type of visa being applied for.

Check out the list below to see exactly what you’ll need to include with your Form I-129, by visa type.

E1 visa

Smiling businessman shaking hands with his partner

The E1 visa is a temporary work visa made for people that work for a company that trades with the U.S.

What to include with Form I-129 for the E1 visa:

Proof that the E-1 trader will do significant trading between the U.S. and their home country. For E-1 employees, evidence is needed showing they’ll mainly have managerial roles or special skills needed for the business.
Evidence that the applicant has been legally staying in the U.S.
Details about the E-1 trader’s ownership and nationality.
Documents showing there’s substantial trade happening.
Proof that you’ve written things about your work that got published.
If needed, submit Form I-907 to request faster processing.

E2 visa

Business woman holding her phone looking away

The E2 visa is a temporary work visa for investors who have contributed money to a new or existing U.S. business and will be creating jobs.

What to include with Form I-129 for the E2 visa:

For E-2 investors, evidence they will be running and growing a U.S. business they’ve invested in, or are planning to invest in a significant amount of money.
For E-2 employees, evidence is needed that they’ll mainly have managerial roles or possess special skills crucial for the business.
Provide proof of legal stay in the U.S.
Share information about the U.S. business’s ownership and where it’s located.
Provide evidence of the nationality of the E-2 investor or employee.
Show that a substantial amount of money has been invested in the business.
If needed, submit Form I-907 to ask for quicker processing.

H1B visa: Specialty occupation worker

African american doctor with her arms folded

The H1B visa is one of the most popular work visas in the U.S. It is a temporary non-immigrant visa and applies to a wide variety of professions that count as specialty occupations.

What to include with Form I-129 for the H1B visa:

Show that the person seeking a change or extension of their stay has maintained their legal status in the U.S.
Provide evidence that the job they’re applying for qualifies as a specialized occupation.
Demonstrate that the person is qualified to perform the specialized job. If required, include a copy of any license or official permission needed for the person to work in the specific occupation in the intended state.
Include a copy of any written employment contract or a summary of the agreed terms if the arrangement is oral.
If applicable, submit a certified Labor Condition Application from the Department of Labor, signed by both the petitioner and attorney/representative.

L1 visa: Intracompany transferee

Business women discussing their ideas in office

The L1 visa allows foreign employees to transfer to the U.S. for a temporary period to work for the American branch of their company.

What to include with Form I-129 for the L1 visa:

Show that the person has legally maintained their status in the U.S. (if needed).
Provide evidence of the relationship between the U.S. and foreign employers, including ownership and control details.
Describe the job responsibilities and qualifications for the proposed position.
Show that the job offered is either executive, managerial, or requires specialized knowledge.
If applicable, provide evidence that the person worked in an executive, managerial, or specialized role abroad for at least one year.
Describe the person’s job duties and qualifications from their employment abroad.
If needed, submit Form I-907 to request faster processing.

L1-A visa: For new office petitions with a managerial or executive role

The L1-A visa is designed for managers or executives who are being transferred to a U.S. branch of their company.

What to include with Form I-129 for the L1-A visa:

Detail the proposed job duties and qualifications.
Show evidence of securing a suitable physical location for the business.
Provide evidence that the person worked in a managerial or executive role for at least one continuous year in the three-year period before filing the petition.
Show that the proposed job will involve managerial or executive responsibilities.
Provide evidence that the U.S. operation will be capable of supporting a managerial or executive position within one year.

L1-B visa: New office petitions with a managerial or executive role

Indian male executive giving a consultation

The L1-B visa is designed for employees with specialized knowledge or skills who are being transferred to a U.S. branch. of their company.

What to include with Form I-129 for the L1-B visa:

Describe the proposed job duties and qualifications.
Show evidence of securing an appropriate physical location for the business.
Provide evidence that the employer has the financial means to pay the person and start operations in the U.S.

O1 visa

The O1 visa is a type of work visa that is designed for individuals with extraordinary abilities or achievements.

What to include with Form I-129 for the O1 visa:

A written endorsement from a professional group or labor organization knowledgeable in the field. For individuals with extraordinary achievements in film or TV, separate endorsements are required from relevant industry organizations.
A copy of any written employment contract or a summary of the agreed-upon terms if the arrangement is verbal.
Details about the nature, dates, and itinerary of the events or activities the person will be involved in.
Evidence showcasing the person’s extraordinary talent or achievements in their field of expertise.

TN visa

Woman in business clothes puts flags of Mexico and Canada

The TN visa is a temporary work visa for Canadian and Mexican citizens who have job offers in the U.S. within specific TN professions.

What to include with Form I-129 for the TN visa:

Proof that you’ve maintained your legal status if you’re applying for a change of status or extension of stay.

For Canadian citizens outside the U.S. or seeking a change of status to TN:

Evidence that you’ll be conducting professional business activities.
Proof of your professional qualifications.

For Canadian or Mexican citizens requesting an extension of stay:

Evidence that your current employment will continue.
Proof that you still have the necessary professional qualifications, including any required licenses.

For all other visa types, check out the USCIS website to find the checklist of Required Initial Evidence for Form I-129.

How Manifest Law can help

As you can see, besides Form I-129, there are several important documents you’ll need for your visa application. Don’t stress about gathering them all – our team of skilled immigration lawyers is here to help.

Our team at Manifest Law can take care of collecting the paperwork, filling out Form I-129 accurately, and ensuring everything is in order.

Our immigration lawyers are experienced with visa types and have helped thousands of clients achieve visa success. We offer payment plans that fit your needs, extending up to 6 months. Plus, we have a visa-approved or money-back guarantee (terms apply).

Book a free consultation today and find out how we can help.

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