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🇺🇸United States

I-129 Petition for H-1B Worker

Employer Petition for Work Visa

Hard~60 minH-1BWork VisaEmployer PetitionImmigration

/ What is this form?

Form I-129 is filed by a US employer to petition for a foreign worker in nonimmigrant categories including H-1B (specialty occupation), L-1 (intracompany transferee), O-1 (extraordinary ability), TN (NAFTA), and others. The employer — not the worker — files this form. H-1B is subject to an annual cap of 85,000 with a lottery system.

/ Who needs this form?

  • US employers hiring foreign specialty workers
  • Companies transferring employees from foreign offices (L-1)
  • Employers of individuals with extraordinary ability (O-1)

/ What you need before you start

Labor Condition Application (LCA) approval from DOL
Worker's passport and credentials
Job description meeting specialty occupation requirements
Filing fee: $780 + $500 fraud fee + additional fees

/ Step-by-step guide

1Get LCA Approved
Before filing I-129 for H-1B, the employer must first obtain an approved Labor Condition Application (LCA) from the Department of Labor. The LCA certifies the wage and working conditions.
2Complete the I-129 Petition
Fill in employer details, worker details, job description, and requested classification. Attach the correct supplement (H, L, O, etc.) for your visa category.
3Gather Supporting Documents
Include the worker's credentials (degree, experience letters), job description meeting specialty occupation requirements, and the LCA approval notice for H-1B.
4Calculate and Pay Fees
Fees vary by employer size and visa type. Base fee is $780, plus $500 fraud prevention fee, plus additional fees for large employers and premium processing.
5File and Track
Mail the complete petition to the correct USCIS service center. Optionally pay $2,805 for premium 15-day processing. Track status via the USCIS receipt number.

/ Key fields explained

FieldWhat to enterCommon mistake
Classification soughtH-1B, L-1A, L-1B, O-1, TN, etc.Each classification has a different supplement form — attach the correct one
LCA case numberRequired for H-1B — must be obtained from DOL before filingFiling without an approved LCA will result in denial

/ Common mistakes to avoid

Filing without an approved LCA
Missing the H-1B lottery registration deadline (March)
Not including the correct supplement (H, L, O, etc.)
Incorrect fee calculation (fees changed significantly in 2024)

/ Frequently asked questions

What is the H-1B lottery?

Since 2020, employers must register online in March. Selected registrants then have 90 days to file the full I-129 petition.

Can I self-petition for H-1B?

No. H-1B requires employer sponsorship. Only EB-1A and EB-2 NIW allow self-petitioning for work-based immigration.