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If you are planning to work in the United States under the H-1B visa program in 2025, you must comply with revised filing requirements. H-1B petitions are submitted using Form I-129, with the updated version set to take effect on January 17, 2025.
The US released a revised edition of Form I-129, the petition for a non-immigrant worker, in alignment with the newly announced H-1B and H-2 modernisation final rules.
About H-1B visa
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The H-1B non-immigrant visa category enables US organisations to temporarily hire foreign professionals for roles classified as “specialty occupations”. These positions typically require a bachelor’s degree or higher (or an equivalent qualification) in a specific field. The visa is widely used for careers in technology, software development, engineering, healthcare, education, academia, and business and financial services.
The updated version of Form I-129 will replace the form issued on April 1, 2024, with no grace period provided to ensure the implementation of the final rules. Starting January 17, 2025, the USCIS will reject any petitions submitted using the previous version of the form.
The revised Form I-129 applies to petitions for various non-immigrant worker categories, including:
H-1B, H-2A, H-2B, H-3: Temporary workers and trainees.
L-1: Intracompany transferees.
O-1, O-2: Individuals with extraordinary abilities and their assistants.
P categories: Artists, athletes, and entertainers.
Q-1, R-1: Cultural exchange visitors and religious workers.
Additionally, petitioners can use this form to request status extensions or changes for E-1, E-2, E-3, H-1B1, and TN classifications.
Candidates filing the I-129 form on paper by mail must note that:
USCIS will accept the April 2024 version received before January 17, 2025.
USCIS will reject the I-129 form if the candidate uses the old version on or after January 17, 2025.
Candidates must use the updated version of the I-129 only after January 17, 2025.
The H-1B electronic registration prospective petitioners must electronically register and pay a fee for each prospective beneficiary. The registration period lasts at least 14 days, after which USCIS conducts a selection process to identify eligible beneficiaries. Only those selected can proceed with filing H-1B cap-subject petitions.
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