Form I-129, Petition for a Nonimmigrant Worker: Evidence and Fees

To file Form I-129, Petition for a Nonimmigrant Worker, a U.S. employer selects the correct nonimmigrant classification, completes the base form with the matching classification supplement, gathers the required evidence, pays the layered filing fees, and submits the package to the USCIS lockbox address (or online portal) designated for that classification. USCIS must approve the petition before the worker can obtain a visa abroad or begin work in a new status inside the United States.

Before You File

Three things need to be settled before the petition leaves your desk: the classification, any prerequisite filings with other agencies, and — for cap-subject H-1Bs — lottery selection.

Pick the Right Classification

Form I-129 covers more than a dozen employment-based nonimmigrant categories, including H-1B specialty occupations, H-2A and H-2B seasonal workers, L-1A and L-1B intracompany transferees, O-1 extraordinary ability, P athletes and entertainers, TN professionals under the USMCA, and R-1 religious workers. The form is also used to request extensions or changes of status into E-1, E-2, E-3, and H-1B1 classifications.¹ The classification you choose in Part 2 determines which supplement you attach, what evidence you must gather, and which fees you owe.² The classification must fit the actual duties and the worker’s qualifications; a mismatch draws a denial or a Request for Evidence.

Get the Labor Condition Application First (H-1B)

For H-1B petitions, the employer must obtain a certified Labor Condition Application from the Department of Labor before filing the I-129. On Form ETA 9035, the employer attests that it will pay the higher of the actual wage paid to similarly employed workers or the prevailing wage for the occupation in the work area, and that hiring the worker will not harm the working conditions of U.S. employees in similar positions.³ The certified LCA is part of the I-129 package.

Register for the H-1B Lottery If the Cap Applies

H-1B petitions are limited to 65,000 visas per fiscal year, with an extra 20,000 for beneficiaries holding a U.S. master’s degree or higher. Employers must first submit an electronic registration during a set window and pay a $215 registration fee per beneficiary; only selected registrations may proceed to an actual I-129 filing. For the FY 2027 cap, registration ran from noon Eastern on March 4, 2026, through 5:00 p.m. Eastern on March 19, 2026.⁴

Not every H-1B petition goes through the lottery. Petitions from institutions of higher education, nonprofit research organizations, and government research organizations are cap-exempt and can be filed year-round. Extensions and amendments for workers already in H-1B status with the same employer are also cap-exempt.⁵

What Goes in the Petition Package

A complete package has three layers: the form itself with its supplement, employer and job documentation, and classification-specific evidence.

The Form and Employer Information

The petitioner lists its legal business name, address, Employer Identification Number, and details of the offered position: job title, specific duties, work location, proposed salary, and requested employment period. Vague descriptions or errors are among the fastest ways to draw an RFE, because federal law requires the petition to be filed and approved before the worker can receive the visa.⁶

Deemed Export Attestation (Part 6)

For H-1B, H-1B1, L-1, and O-1A petitions, Part 6 requires the employer to certify that it has reviewed U.S. export control regulations. If the job involves controlled technology or technical data, the employer must state whether a Commerce or State Department license is required and, if so, certify that the worker will not access the controlled materials until the license issues.⁷ A false attestation can support later revocation of the petition.

Classification-Specific Evidence

Each category has its own evidentiary demands. An L-1 petition must show that the beneficiary worked abroad for the same organization (or a parent, subsidiary, or affiliate) for at least one continuous year within the three years before seeking admission, in a managerial, executive, or specialized knowledge role.⁸ An O-1 petition needs extensive proof of sustained national or international acclaim: major awards, published work, high salary relative to peers, and similar achievements. The worker’s personal documents — passport copies, prior visa stamps, previous Form I-797 Notices of Action, and educational credentials — go into the package as well. Foreign degrees usually need a credential evaluation to confirm U.S. equivalency.

Filing Fees

The fee stack is where petitions most often trip. Fees depend on the classification, the size of the employer, and whether certain statutory surcharges apply. A miscalculation gets the entire package rejected before adjudication.

Base Filing Fee

Every I-129 requires a base fee paid to USCIS. The base fee for an H-1B is $780; for an L-1, it is $1,385. Other classifications carry different base amounts. USCIS adjusts fees periodically, so confirm the current amount on Form G-1055 before filing.⁹

Surcharges on H-1B and L-1 Petitions

Fraud Prevention and Detection Fee: $500, required on all H-1B and L-1 petitions.
ACWIA Fee (H-1B only): $750 for employers with 25 or fewer full-time employees, $1,500 for larger employers. It funds training programs for U.S. workers.
Public Law 114-113 Fee: an extra $4,000 for H-1B or $4,500 for L-1, but only when the employer has 50 or more U.S. employees and more than half hold H-1B or L-1 status. It applies to new petitions and employer-change petitions, not to extensions with the same employer.¹⁰

Asylum Program Fee

The Asylum Program Fee applies to every I-129 classification. Employers with more than 25 full-time equivalent employees pay $600, employers with 25 or fewer pay $300, and nonprofits are exempt.¹¹

The $100,000 H-1B Proclamation Fee

A Presidential Proclamation issued on September 19, 2025, imposed an additional $100,000 payment on new H-1B petitions filed for beneficiaries who are outside the United States. It restricts entry of H-1B specialty occupation workers unless the petition is accompanied by this payment. The Proclamation applies to petitions filed on or after September 21, 2025, and is set to expire on September 21, 2026, unless extended.¹² The Secretary of Homeland Security may exempt individual workers, companies, or industries if the hiring serves the national interest. Legal challenges were pending in federal courts as of early 2026, but no court had blocked the fee. If you are filing a new H-1B for a worker abroad, confirm the current status of this requirement before you file.

Who Pays

The employer pays. Federal rules prohibit employers from requiring an H-1B worker to pay or reimburse the ACWIA training fee, the $500 fraud detection fee, or attorney and filing expenses tied to the LCA or I-129, including premium processing. Any wage deduction that pushes the worker below the required rate violates the law.¹³

Where and How to Submit

Paper petitions go to a USCIS lockbox. Which one — Dallas, Phoenix, Chicago, or Elgin — depends on the classification, whether you request premium processing, and the state of the petitioner’s primary office.¹⁴ USCIS also offers online filing for certain classifications through a USCIS online account; the list of eligible classifications is expanding.¹ Whichever route you use, download the most current edition of the form and its instructions before preparing the petition.

Premium Processing With Form I-907

Standard processing can take months. Filing Form I-907 with the I-129 (or after it is pending) buys a 15-business-day guarantee: USCIS will issue an approval, a denial, a notice of intent to deny, or a Request for Evidence within that window.¹⁵ For most I-129 classifications the fee is $2,805, paid separately, and it is not refundable if the outcome is a denial or an RFE.¹⁶ Premium processing does not raise your chances of approval; it only compresses the timeline. If USCIS issues an RFE, the 15-day clock pauses and restarts when you respond.

After You File

Once USCIS accepts a properly filed petition, it issues Form I-797C, a Notice of Action confirming the case is pending, with a receipt number for online tracking.¹⁷ Keep it. It proves the petition was filed but is not itself an approval.

For H-1B workers already in valid status who are transferring employers, the receipt notice has extra weight. Under H-1B portability, the worker can start with the new employer as soon as USCIS receives the new I-129, without waiting for approval, provided the worker was lawfully admitted, has not worked without authorization, and previously held H-1B status.

If USCIS Issues a Request for Evidence

An RFE is not a denial; USCIS wants more documentation before deciding. The response deadline is stated on the notice itself and can run up to 12 weeks. Missing it leads to a denial on the existing record.

Common triggers vary by category. For H-1B, USCIS often questions whether the position is truly a specialty occupation, especially when the job title is broad and the petition does not tie the role to a specific degree field. For H-1B and L-1 alike, third-party worksite placements draw questions about the employer-employee relationship; contracts, organizational charts, and project descriptions showing the petitioner’s control help resolve them. A strong response addresses each issue with new or supplemental evidence keyed to the specific question. Resubmitting the same documents accomplishes nothing.

After Approval

An approved I-129 produces Form I-797B, the approval notice. What happens next depends on where the beneficiary is.

If the worker is outside the U.S., they apply for a visa stamp at a U.S. consulate: complete Form DS-160, schedule an interview, and attend in person. If approved, the visa stamp goes into the passport and the worker can enter on or after the petition’s start date.
If the worker is already in the U.S. and the I-129 requested a change of status, no consular visit is needed. Status changes automatically on the start date shown in the I-797.

If the Petition Is Denied

A denial is not the end. The petitioner can file Form I-290B to appeal to the Administrative Appeals Office or to ask USCIS to reopen or reconsider the case. The deadline is 30 days from the date of the denial notice, or 33 days if the notice was mailed.¹⁸ A motion to reopen requires new facts or evidence not previously available. A motion to reconsider argues that USCIS misapplied the law or policy to facts already in the record. When the original petition had fixable weaknesses, refiling a new I-129 with a stronger evidentiary package is often faster than appealing.

Amendments and Compliance After Approval

Filing is not the last step. A material change in the terms and conditions of employment requires an amended or new I-129. The most common trigger is a worksite move: if an H-1B worker moves to a new geographic area that requires a new LCA, the employer must file the amended petition before the worker starts at the new location.¹⁹ Moves within the same metropolitan area generally do not require amendments, and short-term placements at another worksite (up to 30 days, sometimes 60) may be exempt if the worker remains based at the original location.

USCIS also conducts unannounced worksite visits through its Fraud Detection and National Security directorate, particularly for H-1B and L-1 petitions. Officers may interview the beneficiary, confirm the work location, duties, hours, and salary, and ask for petition documents plus any additional records they consider relevant.²⁰ A finding that the working conditions do not match the petition can lead USCIS to revoke the approval.

1
U.S. Citizenship and Immigration Services. Petition for a Nonimmigrant Worker
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U.S. Citizenship and Immigration Services. Form I-129 Instructions for Petition for Nonimmigrant Worker
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eCFR. 20 CFR 655.731 – What Is the First LCA Requirement, Regarding Wages?
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U.S. Citizenship and Immigration Services. FY 2027 H-1B Cap Initial Registration Period Opens on March 4
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U.S. Citizenship and Immigration Services. H-1B Cap Season
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Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants
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U.S. Citizenship and Immigration Services. Frequently Asked Questions about Part 6 of Form I-129, Petition for a Nonimmigrant Worker
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U.S. Citizenship and Immigration Services. L-1A Intracompany Transferee Executive or Manager
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U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
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U.S. Citizenship and Immigration Services. Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)
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U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker – Section: Paying the Asylum Program Fee
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The White House. Restriction on Entry of Certain Nonimmigrant Workers
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U.S. Department of Labor. Fact Sheet 62H: What Are the Rules Concerning Deductions From an H-1B Worker’s Pay?
14
U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker
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U.S. Citizenship and Immigration Services. How Do I Request Premium Processing?
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U.S. Citizenship and Immigration Services. Form I-907 – Request for Premium Processing Service
17
U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
18
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6, Part J, Chapter 5 – Appeals, Motions to Reopen, and Motions to Reconsider
19
U.S. Citizenship and Immigration Services. USCIS Final Guidance on When to File an Amended or New H-1B Petition
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U.S. Citizenship and Immigration Services. Administrative Site Visit and Verification Program