The U.S. Citizenship and Immigration Services (USCIS) has announced significant updates to Form I-129, the petition used for nonimmigrant workers, which will directly affect thousands of visa applicants and their sponsoring employers beginning in 2025. These changes will impact individuals applying for employment-based nonimmigrant visas such as H-1B, L-1, O-1, and others, and understanding the updates is critical to avoid delays or rejections.
Starting January 17, 2025, USCIS will only accept the 01/17/25 edition of Form I-129. Any older editions, including the 04/01/24 version, will be automatically rejected if submitted on or after that date. Applicants must ensure that all pages of the form are from the same edition, clearly marked with the correct edition date and page numbers. Submitting a petition with mixed or missing pages will result in denial.
The revised form now supports a wider range of visa classifications beyond the traditional H, L, O, P, Q, and R categories. It also accommodates requests for extension or change of status for E-1 (treaty traders), E-2 (treaty investors), E-3 (Australian professionals), H-1B1 (Chile/Singapore nationals), and TN visas (professionals from Canada and Mexico under the USMCA agreement). This change simplifies the filing process by using a single petition form for multiple visa types.
For those applying under L-1 blanket petitions, new documentation requirements apply. In these cases, the petitioner must submit Form I-129, Form I-129S, and a copy of a previously approved I-129S. This applies whether the application is for a change of status or an extension of stay. Missing any of these required documents will result in rejection.
When applying for dependents, forms such as Form I-539 for H-4 or L-2 status, or Form I-765 for employment authorization, must be filed in the same physical package as the primary Form I-129 petition. If these dependent applications are submitted separately, they will not be adjudicated alongside the main petition, potentially causing significant processing delays.
Part 6 of Form I-129, which addresses technology export certification, has also been clarified. It is now only required for H-1B, H-1B1, L-1, and O-1A classifications. Applicants under Blanket L (LZ) classifications no longer need to complete this section.
Another change affects employers who previously received support through the Troubled Asset Relief Program (TARP). These employers are no longer required to answer the question regarding TARP in the H-1B Data Collection and Filing Fee Exemption Supplement, easing compliance burdens for some organizations.
Strict requirements around signatures and form completion are being reinforced. USCIS will reject any petition that includes electronic, stamped, or typed signatures not permitted under USCIS guidelines. Petitions must contain all pages from the same edition of the form, properly numbered and complete.
When entering the United States, foreign nationals should bring a valid visa, a copy of the Form I-797 approval notice, or an approved Form I-129S if entering under an L-1 blanket petition. Carrying these documents helps ensure a smooth entry at the port of entry.
Applicants and employers are reminded not to confuse the visa validity period with the I-94 expiration date. Even if the visa is valid for several years, the I-94 controls how long the individual can legally remain in the U.S. before needing to take action. If the I-94 expires first, the individual must file for an extension, apply for another immigration benefit, or leave the country before the date of expiration. This also applies to dependents using Form I-539.
Special filing instructions apply to applicants in the Commonwealth of the Northern Mariana Islands (CNMI). These individuals must use CNMI-specific P.O. Boxes and mail their petitions to the Texas Service Center, rather than using the general filing address. They must also follow different procedures depending on whether they are sending the application via USPS or a courier service.
Applicants and employers should carefully review all instructions related to the updated Form I-129 to avoid unnecessary delays or denials. Preparing documentation thoroughly and ensuring compliance with these new rules is essential for a successful petition.
