For employers to petition for an alien to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, or TN nonimmigrant.
Number of Pages :
Instructions: 23; Form: 26.
Edition Date :
3/11/09. Previous editions accepted.
Where to File :
General
For Service Center locations and addresses, please review the linked document, "Chart: Direct Filing Addresses for Form I-129," located in the upper right of this page.
For all E-1 and E-2 Petitions:
USCIS California Service Center ATTN: I-129 P.O. Box 10129 Laguna Niguel, CA 92607-1012
For H-1B Employers Filing Petitions Which Are Cap Exempt
H-1B employers filing petitions which are cap exempt are required to file their petitions exclusively at the California Service Center at one of the addresses listed below.
In this instance, "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2(h)(8)(A). "Cap exempt" petitioners include:
Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19).
Petitioners can indicated their cap exempt status on the I-129 form with a "yes" answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).
For U.S. Postal Delivery:
U.S. Citizenship and Immigration Services California Service Center ATTN: CAP EXEMPT H-1B Processing Unit P.O. Box 30040 Laguna Niguel, CA 92607-3004
For non-U.S. Postal Service Delivery (e.g., private courier)
U.S. Citizenship and Immigration Services California Service Center ATTN: CAP EXEMPT H-1B Processing Unit 24000 Avila Road, Room 2312 Laguna Niguel, CA 92677
For H-2A Petitions
H-2A petitioners are required to file their H-2A petitions with the California Service Center, using the designated addresses below. Each H-2A petitioner is encouraged to mark the outside of his or her envelope with "H-2A" and to attach a spearate sheet saying "H-2A" to the top of the petition package. This will ensure quick identification of the H-2A case throughout the petition's processing at CSC.
For U.S. Postal Service Delivery:
U.S. Citizenship and Immigration Services California Service Center ATTN: H-2A Processing Unit P.O. Box 10140 Laguna Niguel, CA 92607-1040
For non-U.S. Postal Service Deliveries (e.g. private couriers):
U.S. Citizenship and Immigration Services California Service Center ATTN: H-2A Processing Unit 24000 Avila Road, Room 2312 Laguna Niguel, CA 92677
Filing Fee :
$320.
Special Instructions :
Employers Who Receive Funding under the Troubled Assets Relief Program (TARP)
As of February 17, 2009, U.S. employers who receive funding under the Troubled Assets Relief Program (TARP), as described in the Employ American Workers Act (sec. 1611 of Div. A, Title XVI of Public Law 111-5) and seek to hire an H-1B nonimmigrant must comply with the H-1B Dependent Employer provisions. The H-1B Dependent Employer provisions apply regardless whether such U.S. employers are seeking exempt H-1B nonimmigrants. Therefore, U.S. employers who receive TARP funding should pay close attention to the language regarding TARP on page 4 of the Form I-129 Instructions as well as Question 1d on the H-1B Data Collection and Filing Fee Exemption Supplement to Form I-129.
Fee Information
Petitions for H-1B, H2B and L-1 workers must also include the supplemental fees and fraud prevention fees described on the form.
Premium Processing
If you are requesting Premium Processing Services on Form I-129, Petition for Nonimmigrant Worker, you must also file Form I-907, Request for Premium Processing Service. In that case, send the entire Form I-907/I-129 package to the appropriate address listed in Instructions for Completing Form I-129 (link is located at the bottom of this page). You may only request premium processing services if the requested classification is designated as eligible for premium processing. Note that premium processing fees are optional and additional. You can read more information on this by opening Form I-907, located in the upper right corner of this page under “Related Links.”
Electronic Filing:
You may be eligible to file this form electronically. Please review "Introduction to Electronic Filing," located in the upper right corner of this page under “Related Links.”
Note: Filing Fees
A U.S. employer filing an H-1B petition must submit the $320 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, an additional fee of either $750 or $1,500. A U.S. employer with a total of 25 or less full-time equivalent employees in the United States (including any affiliate or subsidiary of the employer) is only obligated to pay the $750 fee. Petitioners filing Form I-129 to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore must also complete the applicable supplements to the Form I-129 petition. Specifically, the Nonimmigrant Classification Based on Free Trade Agreement Supplement to Form I-129, and the H-1B Data Collection and Filing Fee Exemption Supplement are required. Unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, the additional filing fee of either $750 or $1,500 is also required of U.S. employers seeking to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in the following situations:
Employers seeking to employ a current H-1B1 Free Trade Nonimmigrant from Chile or Singapore presently employed by another H-1B1 employer;
Employers requesting an initial extension of H-1B1 status for an H-1B1 Free Trade Nonimmigrant from Chile or Singapore that they presently employ; and
Employers seeking to change an alien's status and employ the alien as an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in new employment.
A U.S. employer filing an H-1B petition who is required to pay the additional fee may make the payment in the form of a single check or money order for the total amount due or as two checks or money orders, one for the additional fee and one for the petition fee.
H-1B and L-1 petitioners who must pay the $500 Fraud Prevention and Detection Fee and H-2B petitioners who must pay the $150 Fraud Prevention and Detection Fee must pay with a check or money order that is separate from the additional fee and petition fee. For complete information on these additional fees, please refer to the Form I-129 filing instructions relating to the H-1B, H-2B and L-1 classifications.
Note: Initial Classification under certain Free Trade Agreements
If you are a national of Canada, Mexico, Singapore, Chile, or Australia, and you are applying for initial classification under certain free trade agreements, Form I-129 is not required. More details are available by selecting “Chart: Direct Filing Addresses...” located in the upper right corner of this page under “Related Links”.
R-1 Nonimmigrant Religious Worker Classification Supplement to Form I-129
Effective November 26, 2008, all petitioners filing the I-129 petition for R-1 nonimmigrant religious workers are required to submit the Employer Attestation contained in the R-1 Supplement to the Form I-129. If applicable, the petitioner is also required to submit the Religious Denomination Certification contained in the Supplement. Please refer to the form's instructions for further details.
Note: All R-1 visa applications filed at a U.S. consular post abroad on or after November 26, 2008, must be supported by an approved R-1 petition. R-1 visas issued on or before November 25, 2008, remain valid for the duration of the visa; however, extensions are subject to the provisions of the November 26, 2008 final rule. Visa exempt individuals must have an approved R-1 visa petition if they seek to travel outside the contiguous U.S. territory. To accommodate visa exempt religious workers who anticipate the need to travel outside the contiguous U.S. territory, USCIS will accept the R-1 petitions regardless of the I-94 expiration date.
