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
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Who uses it? U.S. citizens or green card holders petitioning for family members to immigrate to the US.
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Who can be sponsored? Spouses, unmarried children (under 21 and over 21), parents (for US citizens only), and siblings (for US citizens only).
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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
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Who uses it? U.S. employers petitioning for foreign workers to come to the US temporarily.
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Who can be sponsored? Workers in various categories like H-1B specialty occupations, L-1 intracompany transfers, or professionals under NAFTA.
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What happens after approval? The foreign worker can apply for a nonimmigrant visa or change their status if already in the US.
Remember:
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Form I-130 is for family-based immigration.
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Form I-129 is for employer-sponsored temporary workers.
