Form I-129 at a glance
What it is: USCIS Form I-129 is the Petition for a Nonimmigrant Worker of the Department of Homeland Security, U.S. Citizenship and Immigration Services.
Where and when to file: Box 8, Regular Processing: Please see the USCIS website at uscis.gov/i-129 for the most current information about where to file this petition. Regular Processing All Forms I-129, Petition for a Nonimmigrant Worker , are filed at a USCIS lockbox facility.[2][3]
A U.S. employer may file this form and applicable supplements to classify an alien in any nonimmigrant classification listed in Part 1. or Part 2. of the Instructions.[2]
A foreign employer, U.S. agent, or association of U.S. agricultural employers may file for certain classifications as indicated in the specific instructions.[2]
A filled-in Form I-129 example: a company petitions for one new worker
How to fill out Form I-129, box by box
Part 1. Petitioner Information
If you are an individual filing this petition, complete Item Number 1. If you are a company or an organization filing this petition, complete Item Number 2.
For mailing address, list the address of the petitioner's primary office within the United States.
Are you a nonprofit organized as tax exempt or a governmental research organization? Mark No or Yes.[2]
Basis for Classification
Select only one box for the Basis for Classification.
Box 4, New employment: select this box if the beneficiary: (1) Is outside the United States and holds no classification; (2) Will begin employment for a new U.S. employer in a different nonimmigrant classification than the beneficiary currently holds; or (3) Will work for the same employer but in a different nonimmigrant classification.
Do not select New employment if the beneficiary will work for the same employer in the same classification but there is a material change in the terms and conditions of employment, training, or the beneficiary's eligibility as specified in the original approved petition. Select the box for Item f., Amended petition, instead.
Continuation of previously approved employment without change with the same employer: select this box if you are applying to continue the employment of the beneficiary in the same nonimmigrant classification the beneficiary currently holds and there has been no change to the employment.
Box 4, Change in previously approved employment: select this box if you are notifying USCIS of a non-material change to the previously approved employment such as a change in job title without a material change in job duties.
Box 4, New concurrent employment: select this box if you are applying for a beneficiary to begin new employment with an additional employer in the same nonimmigrant classification the beneficiary currently holds while the beneficiary will continue working for his or her current employer in the same classification.
Box 4, Change of employer: select this box if you are applying for a beneficiary to begin employment working for a new employer in the same nonimmigrant classification that the beneficiary currently holds.
Box 4, Amended petition: select this box if you are applying to notify USCIS of a material change in the terms or conditions of employment or training or the beneficiary's eligibility as specified in the original approved petition.[2]
Requested Action
Choose only one action for Requested Action.
Notify the office listed in Part 4. so the beneficiary(ies) can seek a visa or admission: select this box if the beneficiary is outside of the United States, or, if the beneficiary is currently in the United States, but he or she will leave the United States to obtain a visa/admission abroad.
Box 4, Change the status and extend the stay: select this box if the beneficiary is currently in the United States in a different nonimmigrant classification and is applying to change to a new, nonimmigrant status. This is available only when you check "New Employment" in Item Number 2. Exception: If the beneficiary seeks to change status to H-1B1 Chile/Singapore or TN classification, see Trade Agreement Supplement to Form I-129 for TN and H-1B1.
Extend the stay of each beneficiary who now holds this status: select this box if the beneficiary is currently in the United States in a nonimmigrant classification and is requesting an extension of his or her stay in the same nonimmigrant classification. Exception: If the beneficiary seeks to extend his/her stay in H-1B1 Chile/Singapore or TN classification, see Trade Agreement Supplement to Form I-129 for TN and H-1B1.
Amend the stay of each beneficiary who now holds this status and is not seeking additional time from their current authorized period of stay: select this box if the beneficiary is currently in the United States in the same nonimmigrant classification and you are not seeking additional time from their current authorized period of stay.[2]
Part 4. Processing Information
Does each person in this petition have a valid passport? If no, go to Part 9. and type or print your explanation.
Is any beneficiary in this petition in removal proceedings? If yes, proceed to Part 9. and list the beneficiary's(ies) name(s).
Did you indicate you were filing a new petition in Part 2.? If yes, answer a. and b. If no, proceed to Item Number 9. a. Has any beneficiary in this petition ever been given the classification you are now requesting within the last seven years? If yes, proceed to Part 9. and type or print your explanation. b. Has any beneficiary in this petition ever been denied the classification you are now requesting within the last seven years? If yes, proceed to Part 9. and type or print your explanation.
Have you ever previously filed a nonimmigrant petition for this beneficiary? If yes, proceed to Part 9. and type or print your explanation.
Part 5. Basic Information About the Proposed Employment and Employer
Attach the Form I-129 supplement relevant to the classification of the worker(s) you are requesting.
Address(es) where the beneficiary(ies) will work if different from address in Part 1. If you need to provide more than two additional addresses, use Part 9.
Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States, including all affiliates or subsidiaries of this company/organization?
Part 6. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States
This section of the form is required only for H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitions. It is not required for any other classifications.
Select Item Number 1. or Item Number 2. as appropriate. DO NOT select both boxes.
Part 7. Declaration, Signature, and Contact Information of Petitioner or Authorized Signatory
“If filing this petition on behalf of an organization, I certify that I am authorized to do so by the organization.”
“I certify, under penalty of perjury, that I have reviewed this petition and that all of the information contained in the petition, including all responses to specific questions, and in the supporting documents, is complete, true, and correct.”
You (or your signing authority) must properly complete your petition. USCIS will not accept a stamped or typewritten name in place of any signature on this petition.
If you do not fully complete this form or fail to submit the required documents listed in the instructions, a final decision on your petition may be delayed or the petition may be denied.[2]
Part 8. Declaration, Signature, and Contact Information of Person Preparing Form, If Other Than Petitioner
“By my signature, I certify, swear, or affirm, under penalty of perjury, that I prepared this petition on behalf of, at the request of, and with the express consent of the petitioner or authorized signatory.”
Part 9. Additional Information About Your Petition For Nonimmigrant Worker
If you require more space to provide any additional information within this petition, use Part 9. You must identify the Page Number, Part Number and Item Number corresponding to the additional information.
More rules for Form I-129
Type or print legibly in black ink.[2]
Answer all questions fully and accurately.[2]
If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed.[2]
Common questions about Form I-129
What are the instructions for completing Form I-129?
USCIS Form I-129 is the Petition for a Nonimmigrant Worker of the Department of Homeland Security, U.S. Citizenship and Immigration Services. Complete the basic form and any relating supplements.[2]
Is there a deadline?
Generally, a Form I-129 petition may not be filed more than 6 months prior to the date employment is scheduled to begin.[2]
Where do I file it?
Box 8, Regular Processing: Please see the USCIS website at uscis.gov/i-129 for the most current information about where to file this petition.[2]
Are there fees?
Each petition must be accompanied by the appropriate filing fees. Any petition that is not signed or accompanied by the correct fee will be rejected with a notice that the petition is deficient.[2]
Is there a penalty?
Box 8, Penalties: If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129, you will face severe penalties provided by law and may be subject to criminal prosecution.[2]
When is this form not the right one?
A petition is not required for E-1, E-2, E-3, H-1B1 Chile/Singapore, or TN visa beneficiaries to notify the office in Part 4. so each beneficiary can obtain a visa or be admitted.
Sources
[1] Form I-129 (Edition 09/09/26), Petition for a Nonimmigrant Worker, U.S. Citizenship and Immigration Services (the Official source link on this page).
[3] uscis.gov, submission_method (uscis.gov). Accessed October 28, 2026.
