---
title: "Form I-129 petition for a nonimmigrant worker"
url: "https://ailawframework.com/precedents/immigration-and-migration-law/us-i-129"
type: "precedent"
site: "AI Law Framework"
id: "a30-us-i-129"
area_id: "A30"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A30-T1-R4", "A30-Z20261018-3"]
law_stated_as_at: "2026-10-22"
---

# Form I-129 petition for a nonimmigrant worker

> Link to Form I-129, edition 9 September 2026. From 9 November 2026 only that edition is accepted.…

Canonical page: https://ailawframework.com/precedents/immigration-and-migration-law/us-i-129  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

Link to Form I-129, edition 9 September 2026. From 9 November 2026 only that edition is accepted. The petitioner certifies, under penalty of perjury, that the petition and supporting documents are complete, true and correct.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Immigration & Migration Law](https://ailawframework.com/precedents/immigration-and-migration-law.md)
- Jurisdictions: United States
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at uscis.gov and the 5 authorities it cites, for United States.

## When to use it

Use when a petitioner asks USCIS to classify a nonimmigrant worker in a category Form I-129 covers, or to extend stay or change status to E-1, E-2, E-3, H-1B1 or TN. Approval is not a visa. Download the current form from uscis.gov.

## Used for these tasks

- [Draft an employer-nomination and sponsored-visa cover pack](https://ailawframework.com/practice/immigration-and-migration-law/draft-an-employer-nomination-and-sponsored-visa-cover-pack.md)
- [Build the sponsor’s obligations compliance record for its sponsored workers](https://ailawframework.com/practice/immigration-and-migration-law/build-the-sponsor-s-obligations-compliance-record-for-its-sponsored-work.md)

## How AI may be used

The petitioner certifies the petition and supporting documents under penalty of perjury, so the tool writes no classification, no wage and no answer that would be filed.

**AI may:**

- Compare the edition on a draft with the edition the form page accepts on the intended filing date
- List the classification the lawyer has already chosen and whether Part 6 is required for that classification, using only the page's list
- Flag a file that discusses a $100,000 H-1B payment, so the lawyer can read the 8 June 2026 order alert before anyone relies on it

**AI must not:**

- Must not choose the classification or write any petition answer, wage, job duty or control fact
- Must not state the dollar amount of the 9-11 Response and Biometric Entry-Exit Fee or of any other fee
- Must not treat a $100,000 H-1B payment as a fee that is currently collected
- Must not say that approval is a visa, or that the I-797 end date is the I-94 end date

**The lawyer checks:**

- From 9 November 2026 only the 09/09/26 edition is accepted. Until then the 02/27/26 edition is also accepted if postmarked or electronically submitted before 9 November 2026
- The 09/09/26 edition follows the 9-11 Response and Biometric Entry-Exit Fee rule, effective 9 September 2026. A covered employer has 50 or more U.S. employees and more than 50 percent of them in H-1B, L-1A or L-1B status. An amended petition that does not extend current H-1B or L-1 status is outside that fee. Use the current fee schedule for the amount
- A District of Massachusetts order of 8 June 2026 in State of California v. Mullin, 1:25-cv-13829, vacated agency guidance implementing a $100,000 payment for certain H-1B petitions. The First Circuit denied a stay on 24 July 2026. The page says DHS disagrees and will comply while it considers next steps
- Classifications named on the page: H-1B, 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, and an extension or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of those classifications
- Part 6, the controlled-technology certification, is required for H-1B, H-1B1 Chile/Singapore, L-1 and O-1A. It is not required for the other classifications, including blanket L (LZ). A blanket L extension needs I-129, I-129S and a copy of the previously approved I-129S. A blanket L change of status needs I-129 and I-129S
- The H-3 special-education exchange-visitor cap for fiscal year 2026, start dates 1 October 2025 through 30 September 2026, has been reached. Those petitions will be administratively closed. Petitions for the next fiscal year, with start dates beginning 1 October 2026, are being accepted. Only certain classifications may be filed online

## Authorities

- [USCIS, Form I-129, Petition for a Nonimmigrant Worker, edition 09/09/26, page opened 22 October 2026](https://www.uscis.gov/i-129)
- [Form I-129 (PDF)](https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf)
- [9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas final rule, as linked from the I-129 page](https://www.federalregister.gov/documents/2026/08/10/2026-16231/9-11-response-and-biometric-entry-exit-fee-for-h-1b-and-l-1-visas)
- [USCIS direct filing addresses for Form I-129](https://www.uscis.gov/i-129-addresses)
- [USCIS fee schedule (G-1055)](https://www.uscis.gov/g-1055)

## Official form

[Official form](https://www.uscis.gov/i-129)

## Where this comes from

The official form is published by uscis.gov; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/immigration-and-migration-law/us-i-129 and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
