Form I-129: From Start to Approval

What is Form I-129?

Form I-129, also known as a Petition for a Nonimmigrant Worker, is a form that U.S.-based employers fill out when they want to temporarily hire someone from another country. This form can be used to issue a new status for a foreign worker, or update the status of an existing visa.

After the I-129 form is approved, you can apply for your chosen work visa at the U.S. embassy or consulate in your home country, or your status will change on the start date if you’re already in the U.S.

It looks like this:

What is the purpose of the I-129 form?

Form I-129 serves multiple purpose, including:

Confirming sponsorship for a foreign worker who is eligible for a work visa, after the form is approved.
Extending the status of a foreign worker who is already living in the U.S., allowing them to continue working beyond the initial period granted under their current status.
Updating USCIS for any changes of employment details such as job, location, or duties.
Switching from one employment-based status to another (for example, switching from an H-1B visa to L-1 visa).

Which visa categories require Form I-129?

Form I-129 is generally used for various non-immigrant visa categories. Here are some of the most common visa categories where you’d need to submit this form.

H-1B vis a: For individuals in specialty occupations.
O-1 vis a: For individuals with extraordinary ability or achievement in their field.
L-1 visa: For intracompany transferees, including executives, managers, and employees with specialized knowledge.
TN vis a: For Canadian and Mexican citizens working in certain occupations under NAFTA.
H-2A visa: For temporary agricultural workers.
H-2B visa: For temporary non-agricultural workers.
H-3 visa: For individuals coming to the U.S. for training that isn’t available in their home country.
P-1, P-2, P-3 visas: For athletes, artists, and entertainers.
Q-1 visa: For participants in international cultural exchange programs.
R-1 visa: For religious workers.

What happens after the form is approved?

After the form is approved by USCIS, the specific steps and processes can vary depending on which visa the petition was filed for. Let’s take a look at the general steps that typically follow the approval.

Step 1: Approval notice

The employer receives notice from USCIS that the form has been approved.

Step 2: Consular processing or change of status

If you’re applying outside of the U.S., you will need to apply for your visa at the U.S. consulate or embassy. If you’re in the U.S., your new status will become effective on the approval date or requested start date (whichever comes last).

Step 3: Arrival in the U.S.

If you’re coming from outside the US, once your visa is issued in your passport, you can travel to the U.S. and begin working!

Manifest Tip: Canadians are exempt from having to apply for a visa stamp.

Form I-129 Instructions

Form I-129 is quite lengthy , consisting of up to 36 pages with numerous sections to be completed. To help employers complete the form with clarity and accuracy, USCIS has included instructions on their website here.

Remember: It is the employer who is responsible for filling out Form I-129 on behalf of the foreign worker they are sponsoring.

After the form is completed, it must be signed by the petitioner (your employer). Then, it will then be submitted to USCIS, along with any supporting documents and the filing fee.

Once the form is submitted, you can track the status by using the USCIS case status tool.

Form I-129 Processing Time

Form I-129 processing time can vary depending on which visa the petition was filed for and the workload of USCIS.

You can check the current processing times on the USCIS website under the “Check Case Processing Times” tool.

Simply select “Form I-129” from the drop down, your “Form Category” (aka visa type), and where the petition was filed, to get an estimate on the processing time.

Form I-129 Cost

The current filing fee for Form I-129 is $460. Since the form is typically filed by the sponsoring employer, the employer is usually responsible for covering the cost.

Important: The filing fee for Form I-129 will be increasing on April 1st, 2024. The fee amount depends on the visa you are applying for. Check the USCIS website for the latest updates.

Premium Processing

If you’re looking to speed up the processing time of the I-129 form, you can pay a premium processing fee of $2,500. With premium processing, you can expect to hear back from USCIS within 15 days.

Important: The filing fee for Form I-129 will be increasing on April 1st, 2024. The fee amount depends on the visa you are applying for. Check the USCIS website for the latest updates.

Premium processing is especially beneficial in scenarios where the foreign worker’s employment start date is rapidly approaching, or for minimizing the risk of delays during the approval process.

How Manifest Law can help

While it’s not mandatory to hire an immigration lawyer, having professional guidance can boost the likelihood of a successful petition and minimize the risk of delays due to inaccuracies or incomplete information.

At Manifest Law, our team of immigration lawyers is here to assist you in preparing the I-129 form with accuracy and precision. And, if USCIS issues an RFE asking for additional info or clarification, they can craft a thorough response and collect all of the supporting documents needed.

If you choose to hire Manifest Law, we provide flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply), and experienced immigration lawyers who have successfully handled thousands of cases.

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