Learn about Form I-129 Petition for A Nonimmigrant Worker

Many employers rely on non-US workers in order to temporarily fill positions which for some reason cannot be filled by US employees. For example, an employer may need to hire specialty workers which are not readily available in the US or may need to fill a job for which no qualified US employees can be found. The US government and USCIS make provisions for such situations,which allow employers to petition for temporary alien workers to come to the US. However, in order to protect local jobs, wages, and work conditions, the US and the USCIS require employers applying for such petitions to fill out an immigration form – usually USCIS Form I-129.

Form I-129 (Petition for A Nonimmigrant Worker) is filed by employers who want to petition a temporary worker. This immigration form is used to petition workers in the following visa categories: 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 and R-1. In addition, employers may also file Form I129 to petition for a change of status or an extension of stay for TN, E-2, and E-1 workers. Form I-129 can be used for situations where employers are offering either training for positions or need to fill work positions.

When employers file I 129, they need to be careful to download the latest version of the immigration form and complete the form as honestly and fully as possible. Any failure to do so can result in a rejection of the petition. The USCIS occasionally changes Form I-129 and other immigration forms. For example, the USCIS made changes to Form I129 in December 2010, when the agency made changes to the questions and the look of the form. Any forms sent after December 2010 must be filed using the latest version of I 129, as well as the new fee schedule.

Employers who need to file USCIS Form I-129 may need some help with the form. The Petition for A Nonimmigrant Worker is 26 pages long, as of February 2011, not including the instructions. The form can be complicated as well and must be filed correctly. There are special instructions for workers from specific countries, for example, which can make the immigration form complex to fill out. The I-129 Immigration Form costs $325 to file, a fee which is paid by the employer filing the petition. However, there is a $200 charge for forms which are incorrectly filled out, so it is important to file this form correctly in order to avoid additional costs. As well, individual applicants may need to pay an additional fee, depending on their specific situations.