H-1B Visa Update: If you’re an employer looking to hire skilled foreign professionals or an H-1B visa applicant planning for 2025, there’s an important update you need to know. Starting January 17, 2025, the United States Citizenship and Immigration Services (USCIS) will introduce a revised Form I-129, Petition for a Nonimmigrant Worker. This new form aims to streamline the process and ensure compliance with recently announced rules.
Understanding these changes is crucial, especially if you’re navigating the H-1B visa process. Check article to know the detailed information the current update by the USCIS for non migrant workers in the country including how much the new implementation will Effect visa holders in the country and what are the next steps which can be taken by the applicants before implementing the new Form I-129 in January 2025
What is Form I-129?
Form I-129 is used by employers in the U.S. to petition for nonimmigrant workers. It allows businesses to request permission for foreign nationals to temporarily work, receive training, or perform labor in the U.S. under classifications like H-1B, H-2A, H-2B, L-1, O-1, P-1, and more.
It can also be used to extend or change the worker’s current status. The H-1B visa, in particular, is a highly sought-after option for employers hiring skilled foreign professionals in fields like technology, healthcare, engineering, and education.
Key Updates for the January 17, 2025 Edition
The revised Form I-129 which is going to be implemented from 01/17/25, introduces several important changes. You can check the following changes which are going to be observed in the country from 17 January onwards.
- New Form Deadline: Starting January 17, 2025, USCIS will only accept the updated edition of Form I-129. Petitions submitted with the older edition (dated 04/01/24) will be rejected if received on or after this date.
- Preview Available: A preview version of the new form and its instructions is available now to help petitioners prepare in advance.
- No Grace Period: Unlike previous updates, there is no grace period for using the older form. Employers must transition to the new edition by the effective date.
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Correct Filing Fees Are Crucial
USCIS has reiterated the importance of submitting the correct filing fees with Form I-129.
- The required fees vary depending on the employer’s status as a nonprofit or small business.
- Petitioners should carefully review the updated fee guidelines provided on the USCIS Filing Fees page and Form G-1055, Fee Schedule.
- If the wrong fee is submitted, even if it’s an overpayment, the petition will be rejected.
Filing for Dependents
The new guidelines also simplify the process for dependents of H-1B and L-1 visa holders:
- If the dependent spouse or child files Form I-539 (for an extension or change of status) and Form I-765 (for a work authorization) together with the principal’s Form I-129, USCIS will adjudicate these applications simultaneously.
- This means faster and more coordinated processing for families.
- However, if the dependent’s forms are not filed properly with Form I-129, they will be processed separately, potentially causing delays.
Who Can Use Form I-129
Form I-129 applies to a wide range of visa categories, including:
- H-1B Visa: For skilled workers in specialized fields.
- L-1 Visa: For intra-company transferees.
- O Visa: For individuals with extraordinary ability.
- P Visa: For athletes and entertainers.
- R Visa: For religious workers.
Additionally, it can be used to request a change of status or an extension for workers in other classifications like E-1, E-2, E-3, or TN.
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How to File Form I-129
USCIS is Accepting application forms for Form I 129 through online as well as offline mode where applicants can send the document through mail accordingly. However the online application procedure is preferred by most of the Prisoners as it provides a faster way to submit the application without errors. However is important to prepare your all the important documents before applying for the form so it will help you to get approval at first time without any error or delay.
Why is this Update Important
The US government has updated the Form I-129 to make it easier for companies to apply for visas for foreign workers, particularly for the H-1B (skilled workers) and H-2 (seasonal workers) programs.
This update aims to streamline the process and ensure it aligns with the latest rules. For example, it simplifies how companies comply with regulations for H-1B visas. Additionally, it makes it easier for the families of H-1B and L-1 (intracompany transfers) visa holders to get their visas processed at the same time.
