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🇺🇸 United States

I-129 Petition for H-1B Worker

Employer Petition for Work Visa

Hard ~60 min H-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

1 Get 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.
2 Complete 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.
3 Gather Supporting Documents
Include the worker's credentials (degree, experience letters), job description meeting specialty occupation requirements, and the LCA approval notice for H-1B.
4 Calculate 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.
5 File 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

Field What to enter Common mistake
Classification sought H-1B, L-1A, L-1B, O-1, TN, etc. Each classification has a different supplement form — attach the correct one
LCA case number Required for H-1B — must be obtained from DOL before filing Filing 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.