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H-1B Final Rule, H-2 Final Rule, and Revised Form I-129 Took Effect on Jan. 17, 2025

Wykrota Law Firm

H-1B Final Rule, H-2 Final Rule, and Revised Form I-129 Took Effect Jan. 17, 2025.


According to the USCIS official website, The Department of Homeland Security’s H-1B final rule and H-2 final rule took effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs. USCIS also published 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 went into effect on Jan. 17, with no grace period, because the revised edition was 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 our 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.


Effective Jan. 17, the USCIS will reject Form I-129 petitions received using the 04/01/24 edition of Form I-129. If you file Form I-129 on paper by mail, please note that:


  • The USCIS will accept the 04/01/24 edition of Form I-129 if it was received before Jan. 17, 2025;


  • The USCIS will reject the 04/01/24 edition of Form I-129 if it is received on or after Jan. 17, 2025; and;


  • The USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after Jan. 17, 2025.

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