H-1B visas have been in the news a lot lately. Tesla’s Elon Musk, now tapped to co-head an efficiency department within the federal government, has been speaking out about the importance of H-1B visas for the Tech Industry, but did you know that in order to obtain an H-1B visa a Form I-129 has to be filed with USCIS?
Like many USCIS (U.S. Citizenship and Immigration Services) forms, Form I-129, Petition for a Nonimmigrant Worker, has been marked as due for an update, and that update is effective immediately.
On January 17 USCIS released a revised version (edition date: 01/17/25) of Form I-129, so that the form may now align with the H-1B and H-2 modernization final rules recently announced by USCIS. The new rules reflect announcements made in December that the Department of Homeland Security is strengthening the H-1B and H-2 visa programs, in order to ‘modernize the definition and criteria for specialty occupation positions’ for H-1Bs, and ‘strengthen worker protections’ for H-2s.
Here are the key details and important changes for the revised form:
Key Updates
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New Edition Required: The 01/17/25 edition of Form I-129 replaces the 04/01/24 edition. Effective January 17, 2025, USCIS no longer accepts the 04/01/24 edition of the form.
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No Grace Period: Unlike the adjustment between most old and revised USCIS forms, there is no transition period for using the updated form. The revised edition is essential for implementing the modernization rules, and petitions using outdated forms will be rejected starting January 17, 2025.
Form I-129 is used to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. The form may also be used to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for a noncitizen.
If you are planning on filing a nonimmigrant worker visa application, you should review Form I-129 instructions to understand the changes.
If you need assistance filing a nonimmigrant worker application or another immigration petition, you can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.
