Temporary Worker Visas

Conditions you must meet

• File only one copy of an H-2B petitionApplies to H-2B filings only. USCIS warns that duplicate copies may be treated as separate petitions, and that duplicate copies of Form G-1450 (credit card) or Form G-1650 (ACH) may cause you to be charged more than once.
• An approved petition is not a visa — you must still hold the appropriate nonimmigrant visaThe visa itself is issued by the U.S. Department of State, whose pages VisaAI could not read for this visa type (see not_extracted), so nothing about applying for it appears in this checklist.
• An H-4 spouse may file Form I-765 at the same time as Form I-539 and the H-1B spouse's Form I-129USCIS states this for eligibility category (c)(26) only — the spouse of an H-1B worker. It is a permission, not an obligation: the page says "may file".

Official forms

• Form I-129, Petition for a Nonimmigrant Worker (I-129)Filed by the petitioner — the U.S. employer or agent — on the worker's behalf, not by the worker. USCIS states the edition date is 02/27/26 and that pages from a different edition may cause the form to be rejected. USCIS also notes that only certain classifications may currently be filed online.Official form
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (I-129S)Required only where the beneficiary entered, or is in, the United States on an approved blanket L petition. For an extension of stay a copy of the previously approved Form I-129S must also be filed; for a change of status to L-1 it need not. USCIS states it may reject a Form I-129 for either request that does not include Form I-129S.
• Form I-765, Application for Employment Authorization (I-765)Needed only where the worker or a dependant must separately request an Employment Authorization Document; a worker whose classification is authorised through the approved Form I-129 petition does not file it. USCIS states there is no grace period at the 2026-09-15 edition change: the 08/21/25 edition is accepted only if postmarked or electronically submitted before that date, and only the 09/15/26 edition on or after it.Official form

Documents you must provide

• Carry evidence of the approved petition when travelling to the United StatesForm I-797, Notice of Action showing the petition was approved, or a copy of the approved Form I-129S where one applies. USCIS states the beneficiary should present it to U.S. Customs and Border Protection when seeking entry or re-entry.
• Photographs must be unmounted and unretouchedUSCIS states a mounted or retouched image will delay processing and may require you to appear at an applicant support center to verify your identity. The page does not state how many photographs are required or their dimensions, so no count or size is recorded here.

Steps in the process

• Sign Form I-129 with a valid handwritten signatureUSCIS rejects or denies improperly signed forms. It will not accept a typed name, a signature by an attorney, representative or family member signing for the requestor, a signature made by typewriter, word processor, stamp, autopen or similar device, an electronic signature rendered outside the USCIS online account, or a picture of a signature pasted onto the form. A photocopy, scan or fax of an original wet-signed form is acceptable.
• Sign Form I-765 before filing

Government fees

• Form I-129 filing feeUSCIS does not state the amount on this page — it points to its fee schedule, which is not a registered source for this visa type and was not read. No amount and no currency are recorded here, deliberately.
• Form I-765 filing feeUSCIS does not state the amount on this page — it points to its fee schedule, which is not a registered source for this visa type and was not read. No amount and no currency are recorded here, deliberately.

VisaAI suggestions

Not required by the authority. These are VisaAI’s suggestions for presenting a clearer application.

• Keep your mailing address current with USCIS and USPSUSCIS states an EAD card is mailed to the address on the application and that a stale address can delay the case, lose the document, and force you to reapply and pay the fee again. Recorded as VisaAI advice because the page frames it as a consequence rather than as a filing requirement.