I-129 Petition for a Nonimmigrant Worker
The single employer petition behind almost every temporary work visa - H-1B, H-2A, H-2B, H-3, L-1, O, P, Q, R, E, and TN. The employer files it to ask USCIS to classify a named worker (or, for some categories, unnamed workers) in a nonimmigrant category. Approval produces an I-797 that supports either a visa application abroad or a change of status inside the United States.
- Fee
- Varies by classification. H-1B and H-1B1: $780 paper / $730 online ($460 for a small employer or nonprofit). L: $1,385. O: $1,055 ($530 small/nonprofit). E-1, E-2, E-2C, TN, E-3, H-3, P, Q: $1,015 paper / $965 online ($510 small/nonprofit). R: $510. H-2A named workers: $1,090 paper / $1,040 online; unnamed: $530 / $480. H-2B named: $1,080; unnamed: $580. On top of that: a $600 Asylum Program Fee ($0 nonprofit, $300 small employer); a $500 Fraud Prevention and Detection fee on initial H-1B and L petitions; $4,000 (H-1B) or $4,500 (L-1) under Public Law 114-113 for large H-1B/L-heavy employers; and the ACWIA fee of $1,500 or $750 on H-1B petitions.
- Fee waiver
- Not available
- Who files
- The U.S. employer or agent. The worker is the beneficiary and does not file it.
- Where to file
- By mail to the USCIS service center or lockbox named for the classification; online filing is available for some classifications.
- Processing time
- 0.5 months with premium processing, 5.3 months without (FY 2026 national medians through June 30, 2026)
Usually filed with
Part of these processes
What changed in 2025 and 2026
- A $100,000 payment requirement for certain H-1B petitions under the September 2025 proclamation was vacated on June 8, 2026 by the District of Massachusetts in State of California v. Mullin; the First Circuit denied a stay on July 24, 2026, so DHS is not collecting it, though it says it will if the order is lifted. The form has a 02/27/26 edition.
Official page. https://www.uscis.gov/i-129. Download the form there, never from a third-party site; check the edition date and fee before filing.