In a move impacting thousands of U.S. visa applicants and sponsoring employers, the U.S. Citizenship and Immigration Services (USCIS) has officially updated the Form I-129 – Petition for a Nonimmigrant Worker, with several crucial changes taking effect in 2025.
Whether you’re applying for an H-1B, L-1, O-1, or other employment-based nonimmigrant visa, these changes are essential to your application process. Here’s a full breakdown of what’s new and what you must do to avoid delays or rejections.
New Edition of Form I-129 Now Required from July 2025 Onwards
Starting January 17, 2025, only the 01/17/25 edition of Form I-129 will be accepted by USCIS. Older editions, such as the 04/01/24 version, will be automatically rejected if received on or after this date.
Important Note: Make sure that all pages of your Form I-129 are from the same edition, clearly displaying the edition date and correct page numbers. Mismatched or missing pages will result in application denial.
Expanded Visa Classifications Now Accepted Under New I-129 form
In addition to the usual H, L, O, P, Q, and R visa classifications, the updated I-129 form is now valid for requesting extensions or changes of status to the following visa types:
- E-1 (Treaty Traders)
- E-2 (Treaty Investors)
- E-3 (Australian professionals)
- H-1B1 (Chile/Singapore nationals)
- TN (Canadian and Mexican professionals under USMCA).
This move streamlines the application process for a broader range of employment-based visas under a single petition form.
Mandatory Inclusion of Form I-129S for L Blanket Petitions
If you’re filing an L-1 visa under a blanket petition, USCIS now requires:
- Form I-129
- Form I-129S (Nonimmigrant Petition Based on Blanket L Petition)
- A copy of a previously approved I-129S
This applies to both extensions of stay and change of status. Failure to include these documents will result in application rejection.
Dependents’ Applications Must Be Properly Packaged
If you’re applying for dependents under Form I-539 (for H-4/L-2) or Form I-765 (for employment authorization), these must be included in the same package as the primary I-129 petition. Only then will USCIS adjudicate the dependent applications together.
Otherwise, dependents’ applications will be processed separately, potentially causing significant delays.
Part 6: Technology Export Certification Clarified
The technology release section (Part 6) is now only mandatory for the following visa types:
- H-1B
- H-1B1 (Chile/Singapore)
- L-1
- O-1A
Applicants filing for Blanket L (LZ) classifications are no longer required to complete Part 6.
No More TARP Disclosure Required
Employers who received financial assistance under the Troubled Asset Relief Program (TARP) are now exempt from answering Question 1d in the H-1B Data Collection and Filing Fee Exemption Supplement. This streamlines compliance for large employers.
Signature & Form Rules Strictly Enforced
USCIS will reject any I-129 petition that:
- Uses typed, stamped, or electronic signatures not permitted by USCIS policy
- Includes pages from different edition dates
- Has missing or misnumbered pages
Double-check your form before submission to avoid costly mistakes.
Entering the U.S.: Bring the Right Documents
Upon entry, the foreign national should carry:
- A valid visa
- A copy of the Form I-797 approval notice, or
- An approved Form I-129S for L-1 Blanket entrants
Having these documents on hand ensures a smoother entry process.
Visa Validity vs. I-94: Don’t Confuse the Two
Even if your petition is valid for multiple years, your I-94 (Arrival/Departure Record) governs how long you can stay in the U.S. If your I-94 expires first, you must:
- File a timely extension
- Apply for another immigration benefit
- Or depart the U.S. before expiration
This applies equally to dependents under Form I-539.
CNMI-Specific Filing Instructions
Applicants in the Commonwealth of the Northern Mariana Islands (CNMI) must:
- Use a CNMI P.O. Box for addresses
- Mail their forms to the Texas Service Center, not the general filing address
- Follow separate instructions for USPS vs. courier services.
New I-129 Form: https://www.uscis.gov/i-129.
