Your H1-B Petition Will Be Rejected Starting July 1, 2021 – Use The New Edition Of Form I-129

Starting July 1, 2021, USCIS will only accept the 03/10/21 edition of the Form I-129, Petition for Non-Immigrant Worker. Until now, previous editions of 09/30/20 and 01/27/20 were being accepted when filing for an H1-B petition. After this date, USCIS will reject all previously submitted editions and employers will have to resubmit using the 03/10/21 edition of the Form I-129.

What Is Form I-129?

Form I-129, Petition for Non-Immigrant Worker is used by U.S. based employers to petition for a foreign worker to come temporarily to the United States as a non-immigrant to perform services or labor, or to receive training. They have to submit this to the U.S. Citizenship and Immigration Services (USCIS).

The new Form I-129 consists of: 

  1. Basic petition; 
  2. Individual supplements relating to specific classifications; and 
  3. H1-B Data Collection and Filing Fee Exemption Supplement, required for H-1B. 

What Does The New Edition Of Form I-129 Look Like?

The two identifiers of the new edition of the I-129 petition are on the top right of the page with an expiration of 09/30/2021.

Your H1-B Petition Will Be Rejected Starting July 1, 2021 – Use The New Edition Of Form I-129

The bottom left corner of the petition marks the latest edition accepted by USCIS – 03/10/21.

Your H1-B Petition Will Be Rejected Starting July 1, 2021 – Use The New Edition Of Form I-129

Who All Can Use The New Form I-129,Petition for Non-Immigrant Worker?

Form I-129 is for employment based visas only. There are different categories of non-immigrant foreign workers that can use the Form I-129. 

  • Employment-based foreign workers that qualify for the H-1C, H-1B, H-2A, or the H-3 status and will come to the U.S. temporarily.
  • Those applying for the P-2, P-1, P3, P-2S, P-1S, or P-3S statuses and are athletes, entertainers, performers, or artists also can use this form.
  • Aliens & their assistants with extraordinary abilities that qualify for the O-1 status (& O-2 status). 
  • Cultural exchange workers who qualify for the Q1 status.
  • Religious workers that are eligible for the R-1 status.
  • The Form I-129 may also be filed to extend the visa status of a foreign national individual that has previously entered the United States on a TN, E-1, or E-2 visa.

How to Fill Out Form I-129 Edition 03/10/21

  • Download the latest edition from the USCIS website complete them electronically, and then print them to submit.
  • If hand-written, use black ink only.
  • Answer all questions completely and accurately. If it is not applicable to you, print ‘N/A’.
  • For additional pages, go to Part 9., identify the page number for which you need additional space, indicate the page & part number, plus item number. Date and sign each sheet. 
  • Sign the Form-I-129 before submitting to USCIS.
  • Submit a duplicate copy of the petition and all supporting documentation. Failure to do so may result in processing delays.
  • Submit only single-sided copies of the Form I-129.