I-129, Petition for a Nonimmigrant Worker
Purpose of Form :
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 :
Form 35; Instructions 25.
Edition Date :
01/19/11 (11/23/10 edition also accepted)
Where to File :
See filing instructions.
Filing Fee :
Special Instructions :
Part 6 – “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States”:
Part 6 of the Form I-129 must be completed by petitioners filing petitions seeking classification of aliens as H-1B, H-1B1 Chili/Singapore, L-1, and O-1A. Part 6 is not required for all other classifications including but not limited to Blanket L petitions (LZ).
Troubled Asset Relief Program (TARP):
Employers who received funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (“covered funding”) are no longer required to answer Question 1d in Part A of the H-1B Data Collection and Filing Fee Exemption Supplement.
The Employ American Workers Act (EAWA) had mandated additional requirements on H-1B petitioners who received covered funding. These requirements ended on February 16, 2011. The additional requirements under EAWA no longer apply to any H-1B petition requesting an employment start date of February 17, 2011, or later.
For Residence in the in the Commonwealth of Northern Mariana Islands (CNMI):
There is additional guidance you must follow if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information please visit the grant of status webpage.
When completing Form I-129, please list your CNMI Post Office Box when asked for a street or physical address. All filings for employment or services in CNMI, regardless of classification, are filed with the California Service Center at: P.O. Box 10698, Laguna Niguel, CA 92607-1098. All courier or express deliveries should be forwarded to 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677.