This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On January 17, 2025, U.S. Citizenship and Immigration Services (USCIS) will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: January 17, 2025). USCIS said it has revised the form to align with the recently announced H-1B modernization final rule and the H-2 modernization final rule.
The new edition of Form I-129 replaces the April 01, 2024, edition. USCIS said there will be no grace period for the revised edition “because this revised edition is necessary for USCIS to apply the final rules.” USCIS has provided a preview version of the January 17, 2025, edition of Form I-129 (PDF, 2.19 MB) and its instructions. The agency has warned, “Do not file the January 17, 2025, edition of Form I-129 before January 17, 2025. We will only accept the January 17, 2025, edition of this form if it is received on or after January 17, 2025.”
USCIS also said that those filing Form I-129 on paper by mail should note that the agency:
- Will accept the April 01, 2024, edition of Form I-129 if it is received before January 17, 2025;
- Will not accept the April 01, 2024, edition of Form I-129 if it is received on or after January 17, 2025; and
Will only accept the January 17, 2025, edition of Form I-129 if it is received on or after January 17, 2025.