The U.S. Citizenship and Immigration Services (USCIS) has announced an important update affecting employment-based visa petitions.
USCIS has updated the main form used by employers to sponsor foreign workers (Form I-129, Petition for a Nonimmigrant Worker). The new version is designed to be stricter and requires more detailed information about the job and the employee.
1. What is the Change?
- New Form Version: A revised Form I-129 is now required.
- The updated form requests more detailed information about the job position, including:
- Minimum education requirements
- Field of study
- Required experience
- Supervisory responsibilities
- This form is used for several key visa categories, including the H-1B visa, O-1 visa, and L-1 visa.
- Stricter Rules: The form asks for more details about the job, such as minimum education levels, specific fields of study, and whether the job involves supervision.
- Third-Party Sites: There is extra scrutiny if the worker is being placed at a job site that is not the employer’s main office.
2. When Does This Start?
- As of April 1, 2026, USCIS will reject any I-129 form that is not the new 02/27/26 edition.
- Previous versions (like the 01/20/25 edition) are only accepted if received before March 31, 2026.
3. What Should You Do?
- Employers: You must use the latest version of Form I-129 found on the USCIS. Do not use old, saved versions.
- Employees: Ensure your employer or lawyer is using the updated form to avoid delays in your H-1B, L-1, or other work visa petitions.
4. Why Did They Do This?
- To make sure the job actually qualifies as a “specialty occupation” (requires a specialized degree).
- To check that the salary matches the job description.
- To reduce errors that cause requests for more evidence (RFEs).
