Use New Form I-129 for H1Bs and Other Nonimmigrant Petitions
Posted Mar 18, 2005
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The U.S. Citizenship and Immigration Services (USCIS) has recently changed the Form I-129 (Petition for Nonimmigrant Worker), as well as the supplements that accompany Form I-129 for various nonimmigrant processes. The Form I-129 is used to file H1B petitions, L1A and L1B petitions, O, P, R, etc, and various other nonimmigrant, work-related petitions.
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The new forms reflect the edition date of March 11, 2005 and must be used starting on May 1, 2005. The modified supplemental forms include the Form I-129H, the Form I-129L, the Form I-129E, the Form I-129 O and P, and the Form I-129 Q and R. In addition, the Form I-129W, H1B Data Collection and Filing Fee Exemption, has been discontinued and replaced by a Form I-129, H1B Data Collection Supplement. The Form I-129 S, used for L-1 blanket cases, appears to have been discontinued. A new form, the I-129 FT, has been added for persons applying for Trade NAFTA or TN visas and for those seeking H1Bs under the Chile and Singapore trade agreements.
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The USCIS has advised that, specifically for the H1Bs, and presumably the other nonimmigrant petitions, either the new or old forms may be used until April 30, 2005. Beginning May 1, 2005, all H1B petitions and other petitions that use the Form I-129 must be filed with the new form bearing the edition date of March 11, 2005, to avoid a rejection. This means that all earlier forms will end up being rejected if sent to the USCIS Service Centers on or after May 1, 2005.