I-130 vs. I-129

Navigating USCIS forms can be tricky. Here's a breakdown of the key differences between Form I-130 and Form I-129 to help you figure out which one you need:

Form I-130: Petition for Alien Relative

  • Who uses it? U.S. citizens or green card holders petitioning for family members to immigrate to the US.

  • Who can be sponsored? Spouses, unmarried children (under 21 and over 21), parents (for US citizens only), and siblings (for US citizens only).

  • What happens after approval? The family member can apply for an immigrant visa or adjust their status to green card holder.

Form I-129: Petition for a Nonimmigrant Worker

  • Who uses it? U.S. employers petitioning for foreign workers to come to the US temporarily.

  • Who can be sponsored? Workers in various categories like H-1B specialty occupations, L-1 intracompany transfers, or professionals under NAFTA.

  • What happens after approval? The foreign worker can apply for a nonimmigrant visa or change their status if already in the US.

Remember:

  • Form I-130 is for family-based immigration.

  • Form I-129 is for employer-sponsored temporary workers.