The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs.
USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on January 17, 2025, reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 goes into effect on January 17, with no grace period, because the revised edition is necessary to apply the final rules.
Effective January 17, 2025, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of Form I-129. Those who file Form I-129 on paper by mail, please note that:
- USCIS will accept the 04/01/24 edition of Form I-129 if it was received before January 17, 2025;
- USCIS will reject the 04/01/24 edition of Form I-129 if it is received on or after January 17, 2025; and
- USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after January 17, 2025.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.