Form I-129 is the petition a U.S. employer files to request a nonimmigrant worker benefit, while Form I-797 is the USCIS notice that reports what USCIS did with a filing.
This guide is for employers, foreign workers, HR teams, and attorneys who want a simple explanation of Form I-129 vs I-797 and what an I-129 approval notice means.
It covers what each form is, when it shows up, and how the steps connect, while noting that requirements vary by category and by case.
USCIS forms and procedures can change, so follow the instructions on your current notice and the latest USCIS guidance.
Quick Answer: Form I-129 vs Form I-797
- Who files Form I-129: A U.S. employer or qualifying petitioner.
- Who issues Form I-797: USCIS.
- Purpose: I-129 requests a worker benefit; I-797 communicates a case action.
- Timing: I-129 is filed first; I-797 is sent after acceptance, review, or decision.
- Status: Neither form is a visa; I-797A may reflect status action in the U.S. with an I-94.
- Decision vs request: I-129 is a request; I-797 can be a receipt, RFE, approval, or denial.
What Is Form I-129 (Petition for a Nonimmigrant Worker)?
Form I-129 is filed by U.S. employers to ask USCIS to approve a specific job and beneficiary under a temporary nonimmigrant worker category. It can also request an extension, amendment, or a change of status for a worker already in the U.S., when allowed.
Who Uses Form I-129 and Which Visa Categories It Covers
- H: H-1B, H-2A, H-2B, H-3
- O: O-1, O-2
- P: P-1, P-2, P-3 (including certain support staff when allowed)
- Q and R: Q-1, R-1
- E-1, E-2, TN: Certain U.S. extensions or amendments when a petition-based request is required
What Is Form I-797 (Notice of Action)?
Form I-797 is issued by USCIS to communicate what happened on a case, such as receipt, request for evidence, approval, denial, or other instructions. It does not replace the underlying filing and it is not a visa stamp.
Types of Form I-797 and Their Purposes
- I-797: General notice.
- I-797A: Approval with I-94 attached.
- I-797B: Approval without I-94.
- I-797C: Receipt, rejection, biometrics, or scheduling.
- I-797D: Card delivery notice.
- I-797E: Request for Evidence.
- I-797F: Transportation letter.
| Item | Form I-129 | Form I-797 |
| Purpose | Requests a benefit | Reports USCIS action |
| By | Employer files | USCIS issues |
| Stage | Before decision | After acceptance or review |
| Effect | Request only | Notice; may include I-94 (A) |
| Variants | One form | A, B, C, D, E, F |
| Recipient | USCIS receives | Petitioner receives |
How Form I-129 and Form I-797 Are Related
- Employer files Form I-129 with fees and supporting documents.
- USCIS issues Form I-797C receipt notice with a receipt number.
- USCIS may issue Form I-797E if more evidence is needed.
- USCIS issues an approval notice (often I-797A or I-797B) or a denial notice.
Common Misunderstandings About Form I-129 and Form I-797
- Myth: I-797 is a visa. Fact: A visa is issued by a consulate; I-797 is a USCIS notice.
- Myth: I-797 approval guarantees entry. Fact: Admission is decided at the port of entry.
- Myth: I-129 approval automatically grants work authorization abroad. Fact: It may support a visa step, but work authorization generally depends on admission in the correct status.
- Myth: I-797C rejection equals a denial on the merits. Fact: Rejection usually means USCIS did not accept the filing.
Key Takeaways
- Form I-129 is the employer’s petition requesting a nonimmigrant worker action.
- Form I-797 is the USCIS notice that communicates receipts, RFEs, approvals, and denials.
- I-797 approvals are not visas and do not guarantee admission.
- I-797A can include an I-94 for extensions or changes of status approved in the U.S.
For more immigration guidance and resources, visit ImmigrationQuestion.com.
Frequently Asked Questions
- What is Form I-129 and what is it used for in U.S. immigration?
Form I-129 is filed by a U.S. employer or petitioner to request a nonimmigrant worker classification, and it can also request certain extensions, amendments, or changes of status.
- Who is eligible to file Form I-129?
The filer is usually the U.S. employer or qualifying petitioner, and eligibility depends on the category and the job.
- Which visa categories require Form I-129?
Common categories include H, O, P, Q, and R, and some U.S. extensions or amendments for E-1, E-2, or TN can use I-129 when required. - Who files Form I-129, the employer or the foreign worker?
The employer or qualifying U.S. petitioner typically files Form I-129 and the foreign worker is the beneficiary.
- When is Form I-129 required for nonimmigrant workers?
It is required when USCIS approval is needed for a petition-based work classification, including many extensions and amendments.
- What information and documents are needed to file Form I-129?
Filings generally include the form, fees, employer and job evidence, and category-specific eligibility documents.
- How long does USCIS take to process Form I-129?
Processing times vary by category, service center, and case factors, including whether USCIS issues an RFE.
- What happens after Form I-129 is approved or denied?
USCIS issues an I-797 notice, and next steps depend on whether the worker is in the U.S. or abroad; denials explain the reason and possible next options.
