I129

Form I-129, Petition for a Nonimmigrant Worker, is a U.S. immigration petition filed with the United States Citizenship and Immigration Services (USCIS) by a U.S. employer or sponsoring organization to classify a foreign national as a nonimmigrant worker or to request a change of status or extension of stay.

The form is used for multiple nonimmigrant classifications, including H-1B specialty occupations, H-2B temporary workers, L-1 intracompany transferees, O-1 individuals of extraordinary ability, P-1 athletes and entertainers, Q-1 cultural exchange participants, and TN professionals under the USMCA, among others.

Filing and processing: The petitioner files I-129 with USCIS and pays the required fees, along with supporting documentation about the job, employer, and beneficiary. In some cases, portions of the process require additional steps, such as obtaining a Labor Condition Application (LCA) for H-1B petitions. The petition may be approved or denied, and an approved petition yields a Form I-797, Notice of Action, as the official approval.

Outcome: If USCIS approves the petition, a Form I-797 Notice of Action is issued, which the beneficiary uses to apply for a visa at a U.S. embassy or consulate (consular processing) or to change status within the United States. An approved I-129 does not guarantee admission; entrants must still meet visa or entry requirements.

Processing options and limitations: Premium Processing is available for eligible I-129 petitions to expedite processing for an extra fee. Processing times vary by category and workload; the program is subject to regulatory changes and may involve quotas or restrictions in some categories.