DHS announced its final rule back in July regarding the increased fees for many immigration forms, which also informed us that there would be changed to some new forms such as Form I-129. Effective October 2nd, the I-129 forms will be separated into Form I-129H1, I-129E and TN, I-129L, I-129O, I-129MISC, I-129H2A, and I-129H2B. The preview to the forms and the instructions can be found on the USCIS website here.
Regarding the new form to be used for H-1B applications, Form I-129H1, there are a few changes to the form as summarized below:
If the Petitioner participates in E-Verify, they must now provide the E-Verify Company Identification Number or Client Company Identification Number
In addition to the Beneficiary's job title, LCA number and NAICS code, the new form requests the SOC code
The new form now requests level of education required for the position, fields of study that would qualify someone for the position, how many years of experience are required in order to qualify for the position, and what special skills are required to qualify for the position
There is a section to notate whether Petitioner is requesting recapture time, 3-year per country limitations exemption, 1-year length adjudication delay exemption, or a time limit exemption
The remainder of the form is essentially the same as the current version. According to the USCIS website, the current 01/27/20 edition should still be used for petitions postmarked before 10/02/2020. The new version of the form, dated 10/02/2020, must be used for petitions postmarked on or after 10/02/2020.
It is also important to remember that effective October 2nd, new fees will be in effect for many forms:
I-129H1 (H-1B) - fees increase from $460 to $555 (21% increase)
I-129L (L-1) - fees increase from $460 to $805 (85% increase)
I-129E&TN (E and TN) - fees increase from $460 to $695 (51% increase)
I-539 - fees increase from $370 to $390 if done online (5% increase) and an increase to $400 if paper application (8% increase)
If you are filing a petition or application on or after next Friday, October 2nd, please take extra precaution to ensure you are using the correct form and new fees, if applicable.
