Employer-filed petition to classify a worker in H-1B, L-1, O-1, TN and similar categories. The H-1B version requires a certified LCA first.
Key fields to get right
- Job title, SOC code and worksite must match the certified LCA exactly.
- Offered wage must be at or above the prevailing wage for that SOC, area and level.
- Beneficiary's name and dates of birth must match the passport and prior I-94s.
Common mistakes
- Filing before the LCA is certified, or with an LCA wage level below prevailing.
- Worksite address on the petition not matching the LCA.
- Specialty-occupation argument that doesn't tie the degree to the duties.
Documents to have ready
- Certified LCA (ETA-9035)
- Beneficiary's degree/credential evaluation
- Detailed job description & itinerary
- Company financials / ability to pay
Tip. Check the offer against the Prevailing Wage tool before filing — a wage below the prevailing level is the most common avoidable RFE.
Frequently asked
Who files the I-129?
The U.S. employer files it to classify a worker in a nonimmigrant category such as H-1B, L-1, O-1 or TN. The worker is the beneficiary, not the filer.
Does the I-129 require an LCA?
The H-1B version does — you need a certified Labor Condition Application (ETA-9035) first, and the job title, SOC code and worksite on the petition must match it.
What triggers an I-129 wage RFE?
An offered wage below the prevailing wage for the occupation, area and level. Verify the offer against the prevailing wage before filing.