H-1B visa applicants planning to work in the United States in 2025 must file their petitions using the updated version of the form. H-1B petitions are filed using Form I-129, the updated form of which will be in effect beginning January 17, 2025.
US released the revised edition of Form I-129, petition for a nonimmigrant worker, for the recently announced H-1B modernization final rule and the H-2 modernization final rule.
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On January 17, 2025, USCIS will publish the revised edition of Form I-129, (edition date: 01/17/25) which will replace the 04/01/24 edition of Form I-129. There is no grace period for the revised edition of Form I-129 because this revised edition is necessary for USCIS to apply the final rules. Effective January 17, 2025, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of the form.
Form I-129 is used by petitioners 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. Petitioners may also use this form 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.
The US Department of Homeland Security has also introduced new rules to streamline foreign worker hiring, enhancing the ability of US companies to fill critical positions and strengthening the economy. The H-1B program has been modernized with a new rule that streamlines approvals, enhances flexibility for talent retention, and enhances program integrity and oversight.
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A preview version of the 01/17/25 edition of Form I-129 and along with the instructions has been released. Foreigners should not file the 01/17/25 edition of Form I-129 before January 17, 2025, as it will only be accepted if received on or after that date.
If you file Form I-129 on paper by mail:
USCIS will accept the 04/01/24 edition of Form I-129 if it is received before January 17, 2025;
USCIS will not accept the 04/01/24 edition of Form I-129 if it is received on or after January 17, 2025; and
USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after January 17, 2025.