The United States Citizenship and Immigration Services (USCIS) has announced that a revised edition of Form I-129, Petition for a Nonimmigrant Worker, will be introduced on January 17, 2025. This update aligns with the newly finalised H-1B and H-2 modernization rules aimed at streamlining and enhancing the petition process for nonimmigrant workers. The petitioners should follow the updated requirements as older editions will no longer be accepted after the effective date.
Key Updates: No Grace Period for Transition
According to USCIS, the 01/17/25 edition of Form I-129 will replace the current 04/01/24 edition without a grace period:
• Petitions using the 04/01/24 edition will only be accepted if received before January 17, 2025.
• Any submissions using the outdated form on or after the implementation date will be rejected.
• Only the revised 01/17/25 edition will be valid from January 17, 2025, onward.
Filing Process for H-1B Visa
The H-1B visa process requires U.S. employers to file Form I-129 on behalf of the prospective nonimmigrant worker. This involves the following steps:
Preparation: Employers must gather the required documentation, including proof of the worker’s qualifications, credential evaluation, job offer, work experience letter from the previous organization, professional licenses and project details (if applicable), organizational chart and compliance with prevailing wage requirements.
Filing the Petition: The updated Form I-129 must be completed accurately and accompanied by the filing fee and supporting evidence.
Submission: Petitions can be submitted online or mailed to the designated USCIS service center, as instructed. It is crucial to use the correct edition of the form.
USCIS Review: After submission, USCIS will process the application, which may involve issuing a Request for Evidence (RFE) if additional information is required.
Understanding the H-1B and H-2 Modernization Rules
The H-1B modernization rule introduces significant updates to streamline processes and enhance clarity for nonimmigrant workers and employers. It revises the definition of a specialty occupation, broadening the range of eligible job roles within the H-1B framework. Entrepreneurs now have greater flexibility to apply for H-1B visas through their own start-ups, even engaging in some non-specialty work related to managing their business. Enhanced cap-gap protections extend the period during which F-1 students transitioning to H-1B status can maintain their work authorization. The rule strengthens oversight by granting USCIS authority to conduct site visits and verify compliance, including the ability to deny or revoke petitions if discrepancies arise. It also codifies the practice of deferring to prior approvals for extensions or amendments under consistent circumstances. Additionally, new Labor Condition Application (LCA) requirements ensure employers remain compliant with prevailing wage obligations when petition validity periods expire.
The H-2 modernization rule, on the other hand, streamlines procedures for temporary agricultural and non-agricultural workers, facilitating faster processing and increasing employer compliance measures. The revisions include stricter penalties for charging prohibited fees, potentially barring approval of certain petitions. Mandatory and discretionary bars are proposed for petitioners found guilty of labor law violations, alongside whistleblower protections for H-2 workers to report misconduct safely. Employers and petitioners would face clarified compliance requirements, with USCIS gaining authority to deny or revoke petitions for non-cooperation during reviews.
Other key adjustments include extending grace periods to 10 days before and 30 days after a petition’s validity, with up to 60 days allowed for workers to seek new employment or prepare for departure. A new 60-day grace period is proposed for workers to change jobs while maintaining their H-2 status, alongside permanent portability. This will enable workers to start new jobs upon filing a petition. Additional measures include clarifying employer responsibilities for return transportation costs and protections for workers pursuing permanent residency. The proposal also eliminates terms implying wrongdoing for leaving employment.
Two other significant changes have also been proposed to streamline the H-2 visa programs and reduce barriers for participants. The first proposal is aimed towards eliminating the requirement that H-2 petitions can only be approved for nationals of countries designated as eligible by the Secretary of Homeland Security and Secretary of State. The second proposal will also simplify rules surrounding the three-year maximum stay period by introducing a uniform standard for resetting the clock following a worker’s departure from the United States.
Implications for Employers
The updated Form I-129 reflects these changes, ensuring that petitioners comply with modernised regulations. Employers filing H-1B and H-2 petitions must acquaint themselves with the new edition to avoid delays or rejections.
As the deadline approaches, stakeholders are advised to review USCIS announcements and resources to ensure seamless compliance with the revised requirements. Failure to adapt to these updates could result in rejected petitions, affecting workforce planning for 2025.
Click here for the preview version of Form I-129
Click here for the instruction manual
