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

The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs. USCIS will also publish 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 goes into effect on Jan. 17, with no grace period, because the revised edition is 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, we 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:

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

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

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