As of January 17, 2025, important changes will come into effect in the application processes for H-1B and H-2 visas. These modifications, announced by the United States Department of Homeland Security, seek to modernize and improve the requirements of these programs for nonimmigrant workers, providing great benefits for both employers and workers.
As part of these reforms, U.S. Citizenship and Immigration Services (USCIS) published a new, updated version of Form I-129, Petition for a Nonimmigrant Worker , also on January 17, 2025. The new edition, dated 01/17/25, will be mandatory upon entry into force and will not have a grace period. This is because it includes essential information for implementing the final H-1B and H-2 visa rules.
Reforms to the H-2 Visa Program
The purpose of this rulemaking is to modernize and improve DHS regulations related to the H-2A temporary agricultural worker program and the H-2B temporary non-agricultural worker program (H-2 programs). Through this rulemaking, DHS seeks to strengthen worker protections and the integrity of the H-2 programs, provide greater flexibility for H-2A and H-2B workers, and improve program efficiency. This final rule includes the following three significant changes:
- Program Integrity and Worker Protection
- Flexibilities of workers
- Improve the efficiency of the H-2 program and reduce barriers to legal migration
To find out the details of this information, you can directly consult the final rule for H2 visas published by the United States Department of Homeland Security (DHS) or visit our article New rule for H-2 Visas streamlines processes and improves working conditions in 2025
Reforms to the H-1B Visa Program
The U.S. Department of Homeland Security (DHS) is issuing this final rule to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and enhance integrity measures. These provisions primarily modify regulations governing H-1B specialty occupation workers, although some of the provisions have limited impact on other nonimmigrant classifications, including H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN. This final rule includes the following three significant changes:
- Streamlining the approval process: Measures are being implemented to reduce times and simplify the procedure.
- Increase flexibility: Allows employers to retain talented workers more efficiently.
- Improve program integrity: Introduce stricter controls and oversight to ensure regulatory compliance.
To learn more about this information, you can consult the final H-1B visa rule published by the United States Department of Homeland Security (DHS) or visit our article New Changes to H1B Visas Modernize and Improve the Efficiency of the Program
Download the new version of Form I-129 here
Beginning January 17, U.S. Citizenship and Immigration Services (USCIS) will reject Forms I-129 received on the 04/01/24 version of Form I-129. For this reason, as of this date, you must file Form I-129, Petition for a Nonimmigrant Worker dated which you can download at the following link new version of Form I-129 2025 you can also download the Instructions for Form I-129
If you are filing Form I-129 in paper format by mail, please note that:
- USCIS will accept the 04/01/24 version only if it was received by January 17, 2025.
- Forms I-129 dated 04/01/24 received on or after January 17 will be rejected.
- Beginning January 17, 2025, only the 01/17/25 edition of Form I-129, Petition for Nonimmigrant Worker, will be accepted.
Final rules for both programs were published in the Federal Register on December 18, 2024, to provide stakeholders with sufficient time to prepare before implementation.
These reforms represent a significant step toward modernizing the H-1B and H-2 visa programs, with a focus on increasing efficiency, flexibility, and protection for both employers and workers. The changes also reinforce the United States' commitment to the integrity and enforcement of labor laws. If you plan to file a Form I-129, be sure to use the appropriate version to avoid unnecessary rejections.
