On January 17, 2025, the U.S. Citizenship and Immigration Services (USCIS) will release an updated version of Form I-129, with the edition date marked 01/17/25. This revision will officially replace the prior edition dated 04/01/24. Importantly, there will be no grace period for transitioning to the updated form, as USCIS requires the revised version to align with final regulatory updates. From January 17, 2025, any Form I-129 petition submitted using the older 04/01/24 edition will be automatically rejected.
Form I-129 is a crucial document that allows employers, referred to as petitioners, to file on behalf of nonimmigrant workers seeking temporary employment or training opportunities in the United States. This form caters to various visa categories, including 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, and R-1 classifications. Additionally, it is used to request extensions of stay or changes of status to certain other classifications, such as E-1, E-2, E-3, H-1B1, and TN, as well as the aforementioned categories.
The U.S. Department of Homeland Security (DHS) has also introduced new rules to improve the hiring process for foreign workers, aiming to strengthen the economy and help U.S. companies address critical labor shortages. Among these updates is the modernization of the H-1B visa program, which includes streamlined approval processes, increased flexibility for retaining skilled workers, and measures to enhance program integrity and oversight.
A preview of the updated Form I-129, along with detailed filing instructions, has already been made available for review. However, USCIS has clarified that the 01/17/25 edition of the form should not be filed before January 17, 2025. Petitions using the new form will only be accepted if they are received on or after the official release date.
For those submitting Form I-129 via paper mail, the following rules will apply:
- USCIS will accept the 04/01/24 edition of Form I-129 only if it is received before January 17, 2025.
- Beginning January 17, 2025, the 04/01/24 edition will no longer be accepted, regardless of when it was mailed.
- Starting January 17, 2025, only the 01/17/25 edition of Form I-129 will be accepted by USCIS.
These changes underscore USCIS’s commitment to ensuring compliance with updated regulations while enhancing the efficiency and integrity of the petitioning process for nonimmigrant workers. Employers and petitioners are advised to familiarize themselves with the new edition of Form I-129 and adhere to the outlined timelines to avoid delays or rejections of their submissions.