Amelia Blake

Starting January 17, 2025, all petitions must be filed using the new Form I-129, Petition for a Nonimmigrant Worker . This is a significant change for employers who hire foreign workers in the United States. Form I-129 is used to petition for many visa categories, including H-1B, L-1, and O-1 visas . The updated form aligns with the H-1B modernization final rule and the H-2 modernization final rule . 

Key Changes to Form I-129

The revised Form I-129 (edition date 01/17/25) replaces the 04/01/24 edition . USCIS will reject any petitions received using the 04/01/24 edition after this date . USCIS has released a preview version of the 01/17/25 edition of Form I-129 and its instructions on their website . 

The new Form I-129 is longer and requires more detailed information from employers . Some key changes include: 

• Proof of Employer Control: Employers must demonstrate they have control over employees, especially those working off-site at client locations . This includes providing documentation like employment contracts and performance reviews . 
• Third-Party Worksite Details: For employees working at client sites, employers must provide detailed itineraries, client agreements, and supervision documentation . 
• Wage and Benefit Information: Employers must provide detailed information about wages and benefits, including location-specific wage rates, benefits consistency across different roles, and detailed payment structures . 
• Elimination of Itinerary Requirement: The final rule eliminates the itinerary requirement, which previously mandated petitioners to submit a detailed itinerary of services or training . 

Online Filing

Starting in 2024, USCIS made online filing mandatory for Form I-129 to streamline and create a more efficient process . 

How the Changes Will Affect Different Visa Categories

The I-129 overhaul reflects a broader trend of increased scrutiny and stricter requirements in the U.S. employment-based immigration system . While the changes to Form I-129 apply to all visa categories that use the form, some categories will be more affected than others. 

H-1B Visa

The H-1B visa program is undergoing a significant overhaul, with stricter requirements for specialty occupation positions and increased compliance monitoring . The new Form I-129 reflects these changes, requiring more detailed information about the job duties and the employee's qualifications . 

• CAP-GAP Extension: The new rule also extends the CAP-GAP extension period for F-1 students seeking H-1B status through the annual lottery, allowing them to maintain their status and work authorization until April 1st of the following fiscal year . 
• Deference Policy: USCIS will now honor previously approved H-1B petitions when processing extensions, unless there are material changes to the employment situation . This should lead to fewer delays and RFEs for H-1B renewals. 

L-1 Visa

The L-1 visa category is for intracompany transfers. The new Form I-129 may require more documentation to prove the relationship between the U.S. and foreign employer, as well as the employee's qualifications for the position . 

O-1 Visa

The O-1 visa is for individuals with extraordinary ability or achievement. The new Form I-129 may require more evidence of the employee's extraordinary abilities, such as awards, publications, and testimonials