When filing Form I-129 (Petition for a Nonimmigrant Worker), employers must report the number of employees in their organization. A common and important question is whether only full-time employees should be counted, or whether part-time employees must be included as well.
The Short Answer
Both full-time and part-time employees must be counted. USCIS expects the employee number listed on Form I-129 to reflect the company’s total number of employees on payroll, regardless of how many hours each employee works.
Which Employees Should Be Included?
When completing Form I-129, employers should include all individuals who are considered employees of the company, including:
- Full-time employees
- Part-time employees
- Employees working reduced or flexible schedules
The determining factor is whether the individual is classified as an employee for payroll and tax purposes, not the number of hours worked per week.
Which Workers Should Not Be Included?
The following individuals should not be counted as employees on Form I-129:
- Independent contractors (1099 workers)
- Freelancers or consultants who are not company employees
Only W-2 employees should be included in the employee count.
Why Accurate Employee Counts Matter
USCIS uses the employee number listed on Form I-129 to help evaluate:
- The size and structure of the business
- The legitimacy of the employer
- The company’s ability to support the offered position
- Consistency across immigration filings
Providing an incomplete or inaccurate employee count, such as excluding part-time employees, can raise red flags and may result in a Request for Evidence (RFE) or processing delays.
Best Practice for Employers
If your workforce includes both full-time and part-time employees, it is often helpful to provide additional clarification in a cover letter or supporting documentation. For example:
“The company employs 12 total employees, including 8 full-time and 4 part-time workers.”
This level of transparency can help avoid confusion and facilitate a smoother review by USCIS.
Need Help with a Form I-129 Filing?
Accurately completing Form I-129 is critical to avoiding delays, RFEs, and denials. If you have questions about employee counts or any other aspect of a nonimmigrant worker petition, experienced immigration counsel can help ensure your filing is complete, accurate, and strategically prepared.
Schedule a Consultation with an Immigration Lawyer
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If you have questions regarding employment-based immigration or immigration forms, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
