USCIS Announces New Version of Form I-129 for H-1B Visas

• 09 Sep 2024

On December 23, the U.S. Department of Homeland Security ( DHS ) Immigration Service ( USCIS ) announced a new regulation on H-1B work visas, which proposed a comprehensive reform plan for the application and approval process of H-1B visas that foreign employees in the United States need to use, simplifying the previous approval process. For this reform plan, DHS said in a statement that the new regulations will greatly improve the ability of American companies to fill vacancies in key areas, ' allowing employers to retain outstanding employees ', thereby strengthening the U.S. economy. The new version will take effect 30 days after the announcement of the Federal Register.From January 17,2025, all H-1B visa applicants will switch to the new Form I-129.

The  'H-1B program was created by Congress in 1990, and it undoubtedly requires modern reforms to support our nation 's growing economy. U.S. Immigration Director Ur M. Jaddou said that these improvements to the H-1B program provide employers with greater flexibility to hire global talent, improve our economic competitiveness, and allow high-skilled workers to continue to advance U.S. innovation. '

According to USCIS, USCIS opens 85,000 H-1B places each fiscal year, of which 65,000 are for applicants with a bachelor 's degree and 20,000 are for applicants with a master 's degree or higher in the United States. In 2024, more than 400,000 people submitted H-1B applications, but the number of visas issued by the Immigration Bureau remained at only 85,000. According to the USCIS website, the current application fee for H-1B on-site application is $ 780, the online application fee is $ 730, and the application fee for small businesses or non-profit organizations is $ 460.

According to the DHS statement, the rule provides some flexibility for students holding F-1 visas to seek to change their identity to H-1B to avoid interference with the legal identity and employment authorization of students holding F-1 visas. According to the new regulations, international students with F-1 visas will automatically extend the validity of their student visas during the application period for conversion to an H-1B visa.