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FAQs

What does I-129 approval mean? ›

Form I-129 is filed by a sponsoring employer on the employee's behalf with U.S. Citizenship and Immigration Services (USCIS). If approved, the foreign worker can then apply for the appropriate non-immigrant work visa at a U.S. Embassy or consulate in their home country.

Once your Form I-129F petition has been approved, the sponsored fiancé will then need to apply for their visa, attend an interview, and enter the U.S. before they can apply for a green card. For more, Boundless has put together a guide on timelines for each phase of the K-1 process.

Regular Processing times can vary quite dramatically, sometimes as short as 2 months but can be as long as 8 months. The average is between 3-5 months. For the most up-to-date processing times for the Form I-129 (H-1B) at the California Service Center, please see their Case Processing Times webpage.

If USCIS denies the I-129 petition, your employer can file an appeal. USCIS will enclose information about the appeal process with the denial notification. The appeal will be decided on by the Administrative Appeals Office (AAO). Employers choosing to appeal a denial must complete and file USCIS Form I-290B.

3. Foreign Fiancé Files DS-160. After the Form I-129f is approved by USCIS, the next step is for the foreign fiancé to file a Form DS-160.

It takes approximately 120 days for USCIS to actively review a case. The agency may require additional time to complete its review if any documents are missing. In these instances, USCIS can put a case on hold until it receives any missing documents.

Common Delay Factors in USCIS's I-129 Processing

These include, but are not limited to: The petition could be rejected by USCIS if the forms are not complete, the petition is mailed to the wrong filing address, the filing fee is not correct if payment is by check, or the attempted payment by credit card is rejected.

Parole and work authorization must be current for you to remain legally in the CNMI and continue working while awaiting a decision on your Form I-129 (such as an H-1B). Without parole and work authorization, a foreign worker is unable to work and must leave the CNMI and wait for a decision outside the United States.

This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for a beneficiary to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training.

If the beneficiary is employed in the United States, the petitioner may submit: Copies of the beneficiary's last two pay stubs, Form W-2, and other relevant evidence; and. A copy of the beneficiary's Form I-94, passport, travel document, or Form I-797.

Is approved I-129 same as I-797? ›

The I-129 approval notice, also known as Form I-797, Notice of Action, is a document issued by US Citizenship and Immigration Services (USCIS) when a Form I-129, Petition for a Nonimmigrant Worker, has been approved.

As a result, once your petition is approved, you will have to physically re-enter the U.S. in order to activate your status. If you are filing an extension of stay or a change from one employer to another, you can travel if you have a valid status upon return and unexpired H-1B visa stamp in your passport.

Relation with other forms

These employment-based visas are immigrant visas, and lead to Green Cards. The key difference between Forms I-140 and I-129 is that they are for immigrant and non-immigrant visas respectively.

Form I-129 is the petition filed with USCIS by a prospective H-1B employer seeking approval to employ an H-1B worker.

CR-1 Spouse Visa Timelines. U.S. Citizenship and Immigration Services (USCIS) releases processing times for both the K-1 fiancé(e) visa (Form I-129F) and CR-1 spousal visa (Form I-130) every quarter. The most recent USCIS data shows the K-1 visa takes 12.2 months, while the CR-1 visa takes 10.8 months.