The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, Jan. 17, 2025. To implement the final rules, USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on Jan. 17, reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 has no grace period, because the revised edition is necessary to apply the final rules.
The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program. The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate the labor laws, and provides greater flexibility for H-2A and H-2B workers. Both rules were published in the Federal Register on Dec. 18, 2024.
What You Need to Know
Effective Jan. 17, USCIS will only accept the 1/17/25 edition of Form I-129 and will reject any Form I-129 petitions received using the 04/01/24 and prior editions of Form I-129. If you 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 Jan. 17, 2025;
- USCIS will reject the 04/01/24 edition of Form I-129 if it is received on or after Jan. 17, 2025; and
- USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after Jan. 17, 2025.
More Information
Additional information about the rules can be found in the Dec. 17 H-1B modernization final rule and H-2 final rule stakeholder messages.
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