H-1B petition FAQs: 5 key things to remember while filling out form I-129

The H-1B visa registration for FY 2026 ended on March 24, 2025. Employers of selected applicants can file full petitions from April 1, 2025.

The H-1B visa registration for Fiscal Year 2026 ended on March 24, 2025. If more are registered than the annual cap, U.S. Citizenship and Immigration Services (USCIS) releases a lottery and usually announces the results by early April.

Accurate completion of Form I-129 and adherence to USCIS requirements are crucial for H-1B approval.(AP Photo/Wilfredo Lee, File)

The 90-day submission window for announcing full H-1B petitions beginning April 1, 2025, is available to selected applicants’ employers who can file the petitions. Approved applicants can begin employment on or after October 1, 2025.

While accuracy and preparation aren’t the first two words people think of when they hear the words ‘Form I-129 (Petition for a Nonimmigrant Worker), they are true.

Here are five key things to remember when filling out the I-129 form:

1. Go through the most recent Form I-129 requirements: USCIS policies and forms are subject to change, so always check the latest edition on the USCIS website. Using an outdated version can result in delays or rejections.

Carefully review the eligibility criteria, required documents, and any recent updates specific to the H-1B category.

2. Labor Condition Application (LCA): For H-1B petitions, employers must secure a certified LCA from the U.S. Department of Labor (DOL) before filing Form I-129.

The LCA ensures that hiring a foreign worker won’t negatively impact U.S. workers' wages and conditions. It must include job details such as salary, duties, and work location and be filed electronically via the DOL’s iCERT system.

3. Employer and employee information: Employers should collect all necessary details about their company and the foreign national employee. This includes the employer’s business details, contact information, and proof of ability to pay the required wages. The employee’s qualifications, work experience, and immigration history should also be compiled to ensure accurate filing.

4. File the Form I-129 VERY precisely: Minor errors in Form I-129 can lead to unnecessary processing delays or denials. Ensure all sections are correctly filled, including employer details, beneficiary information, job title, job duties, and salary.

Double-check all entries before submission.

5. Prepare filing fees and correctly file the petition: USCIS requires multiple fees, including the I-129 filing fee, fraud prevention fee, and (for H-1B) the ACWIA fee. Employers can also opt for premium processing by paying an additional fee. Ensure all checks or money orders are payable to the U.S. Department of Homeland Security and correctly included in the petition package.

Final Steps: When submitting the petition, follow USCIS guidelines for document order:

• Completed, signed Form I-129 at the top
• Certified LCA for H-1B petitions
• Supporting documents (e.g., degrees, certifications, work experience letters)
• Clear copies of required identification documents
• Filing fee checks at the bottom

Following the form fillup, always monitor your USCIS account for updates, as additional lottery rounds may occur if slots remain open.