The United States Citizenship and Immigration Services (USCIS) has announced a significant update for H-1B visa petitions. Starting January 17, 2025, a new version of Form I-129 will be mandatory for all H-1B petitions.
The United States Citizenship and Immigration Services (USCIS) has announced a significant update for H-1B visa petitions. Starting January 17, 2025, a new version of Form I-129 will be mandatory for all H-1B petitions.
This updated form is part of a broader effort to modernize the H-1B program, aiming to streamline approvals, enhance flexibility for retaining skilled talent, and improve program integrity.
Key Changes to Form I-129:
Revised Definition of Specialty Occupation: The new form clarifies the definition of specialty occupation, allowing petitioners to accept a range of qualifying degree fields for a position, as long as they’re directly related to the job duties.
Changes to Cap-Exempt Employer Definitions: The rule updates the definitions of nonprofit research organizations and governmental research organizations, making it easier for more entities to qualify as cap-exempt.
Deference Policy: The new form codifies the existing deference policy, ensuring that USCIS officers generally defer to prior determinations on eligibility, unless there’s a material error or change in circumstances.
Impact on H-1B Petitioners
The mandatory use of the new Form I-129 will affect all H-1B petitioners. Key implications include:
Updated Filing Requirements: Petitioners must use the revised Form I-129 for all H-1B petitions submitted on or after January 17, 2025.
Enhanced Flexibility: The revised form provides more flexibility for petitioners, particularly in regards to specialty occupations and cap-exempt employers.
Improved Program Integrity: The updates aim to strengthen program integrity by reducing errors and inconsistencies in the petition process.
Conclusion
The introduction of the new Form I-129 marks a significant update to the H-1B visa petition process. By understanding the key changes and implications, petitioners can ensure a smooth and successful application process.