What is the filing deadline for the I-129 with USCIS?

The I-129 (Petition for a Nonimmigrant Worker) is the petition an employer files with USCIS to sponsor an H-1B professional. There is no single universal deadline: the timing depends primarily on whether the petition is subject to the annual cap on available slots.

For cap-subject petitions, USCIS opens a defined filing window each cycle, aligned with the start of employment in the new fiscal year. Cap-exempt petitions, by contrast, tend to have more scheduling flexibility, depending on the specifics of each case.

• Cap-subject: filing must occur within the specific window USCIS announces each cycle.
• Cap-exempt: generally more flexible, without relying on the annual window.
• Dates and rules may be revised from one year to the next.

Because the exact calendar changes periodically, do not rely on dates from memory. Confirm the current filing window directly with USCIS, or with an immigration specialist, before preparing your I-129 submission.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.