Glossary · USCIS forms
I-129 (Petition for Nonimmigrant Worker)
Filed by an employer to request, transfer, extend, or amend an H-1B (or other employment nonimmigrant) classification.
The I-129 is the H-1B workhorse form. Used for: initial cap-subject petition, cap-exempt petition, transfer to a new employer (portability under INA §214(n) — start work the day USCIS receives it), extension, amendment for material job change. Standard filing fee runs ~$2,780 for employers with 25+ FTEs (base $780 + fraud $500 + ACWIA $1,500). Premium processing via Form I-907 ($2,965 as of March 2026) gives a 15-business-day decision.
Sources & official references
- INA §214(n)— H-1B portability: a nonimmigrant may begin work for a new employer the day USCIS receives a new I-129 petition.
Related terms
I-907 (Premium Processing)
Pay USCIS $2,965 for a 15-business-day decision on certain forms (I-129 H-1B, I-539 H-4).
H-1B
Specialty-occupation work visa. Initial term 3 years, extendable to 6 (and beyond, with mature I-140).
LCA (Labor Condition Application)
Form ETA-9035 the employer files with DOL before the I-129. Sets the wage and confirms the work-site location.
Portability (INA §214(n))
You can begin work for a new H-1B employer the day USCIS RECEIVES the I-129 — no need to wait for approval.
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