The U.S. Citizenship and Immigration Services (USCIS) has announced significant changes to the H-1B visa application process, effective January 17, 2025.
These updates will impact individuals seeking to work in the United States on H-1B visas, with a major change being the introduction of a new version of Form I-129.
New Version of Form I-129: What’s Changing?
Starting January 17, 2025, USCIS will require all H-1B applicants to use the updated Form I-129, which will replace the previous version (04/01/24). Applications submitted using the older version after this date will be rejected.
The revised Form I-129 is crucial for petitioning various nonimmigrant worker categories, including:
- H-1B: Specialty workers
- H-2A, H-2B: Temporary agricultural and non-agricultural workers
- L-1: Intracompany transferees
- O-1, O-2: Individuals with extraordinary abilities and their assistants
- P: Artists, athletes, and entertainers
- Q-1, R-1: Cultural exchange and religious workers
This form will also be used for status extensions or changes for other classifications like E-1, E-2, E-3, and TN.
Key Changes for H-1B Applicants
- Updated Form: Only the 01/17/25 edition of Form I-129 will be accepted starting January 17, 2025.
- No Grace Period: USCIS will reject petitions filed with the outdated 04/01/24 version after the deadline, so it’s critical to use the updated form.
- Streamlined Processing: The new form is part of a larger effort to modernize the H-1B process, making it easier and quicker for employers to hire skilled workers.
Filing Guidelines for H-1B Applications
- Before January 17, 2025: You can still use the 04/01/24 edition of Form I-129 for mailed petitions.
- On or After January 17, 2025: Only the 01/17/25 edition of Form I-129 will be accepted. Any petitions filed with the older form will be rejected.
Benefits of the Updated H-1B Visa Program
These changes are designed to:
- Simplify approvals: Streamlined processing for quicker approvals.
- Enhance flexibility: Easier retention of skilled workers.
- Increase program integrity: Stronger oversight of the H-1B process.
These updates are part of the U.S. government’s broader efforts to support the economy by attracting talented foreign workers in key sectors.
Preview of the Updated Form
USCIS has made a preview of the new Form I-129 available, but applicants should wait until January 17, 2025, to submit it. Any submissions made before this date will be rejected.
Conclusion
It’s important for both employers and applicants to stay updated with the new rules for the H-1B visa application process.
Understanding and following the updated filing requirements will help prevent delays and ensure a smoother experience as the USCIS transitions to the new version of Form I-129.
