Search results for: Form I-129

From April 30, 2018, to Oct. 31, 2018, the USCIS California Service Center (CSC) and the U.S. Customs and Border Protection (CBP) at the Blaine, Washington, port of entry (POE) will implement a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). This pilot is designed to facilitate the adjudication and admission process of Canadians traveling to the U.S. as L-1 nonimmigrants.

Continue Reading USCIS and CBP to Implement Form I-129 Pilot Program for Canadian L-1 Nonimmigrants

On Oct. 12, 2017, U.S. Citizenship and Immigration Services (USCIS) announced a major change in the direct filing addresses for certain Form I-129, Petition for a Nonimmigrant Worker petitions. Previously, the filing center for these petitions was determined by the U.S. state or territory where the beneficiary’s worksite or training site was located. With USCIS’s latest announcement, the filing center for most Form I-129 petitions will be determined by the primary office location of the company or organization for which the beneficiary works.

Continue Reading USCIS Changes Locations To File Forms I-129

On October 8, 2015, the Department of State (DOS) clarified that the endorsement validity dates of a Form I-129S control the period of a worker’s blanket L-1 classification.  In response to this DOS clarification, employers and holders of Blanket L visas are advised to verify the I-129S validity dates as soon as the endorsed form is issued by a Consulate or Embassy and prior to traveling to the United States.  Unfortunately, it is likely that employers will continue to see different expiration dates for endorsed I-129S Forms, L-1 visa stamps, and I-94 records.  Given these variables, it is important to keep in mind the following:

  • Depending on the reciprocity agreement between the United States and the worker’s home country, an L visa may be issued for up to five years.
  • Pursuant to current regulations and the Foreign Affairs Manual, I-129S forms can only be endorsed for three-year periods.
  • I-94 records should be issued for a three-year period upon an individual’s initial admission and up to the expiration date of the I-129S on subsequent admissions; however, Customs and Border Protection (CBP) frequently issues I-94 records with five-year validity periods.

The inconsistencies in the administration of current policy often result in confusion for employers and holders of Blanket L visas.  For example, if an individual is issued a visa stamp with a limited period of validity, but has an I-129S endorsement that is valid beyond the period of the visa stamp, the individual may apply for a new visa stamp at a Consulate or Embassy without being required to submit a new, fully documented Blanket L visa application.  An individual who is issued a five year visa stamp, however, and who has a three year I-129S endorsement, will be required to make a new Blanket L-1 visa application in order to obtain a new endorsed I-129S.

Employers will continue to be confronted with different expiration dates for the I-129S, the I-94, and the L-1 visa stamp.  To ensure I-9 compliance, the I-94 should always be viewed as the controlling status document for purposes of employment eligibility.

The Public Charge Inadmissibility Final Rule was issued in August 2019 and was to go into effect October 2019, when a preliminary injunction with national scope was granted that prevented the Department of Homeland Security from implementing the rule. On Jan. 27, 2020, the Supreme Court stayed the national injunction, and DHS may now implement the rule, except in the state of Illinois. Continue Reading USCIS Revises Forms in Response to Public Charge Inadmissibility Final Rule

There is no premium processing available for any nonimmigrant status requested using a stand-alone Form I-539. Until recently, however, the USCIS would traditionally grant courtesy premium processing for I-539 applications (H-4, L-2, E-2 or O-3 applicants) that were filed concurrently with the principal’s I-129 petition if the I-129 was filed using premium processing.

The USCIS will no longer grant courtesy premium processing for Form I-539 applications. The I-129 and the I-539 applications will no longer be moving along in lockstep with the principal’s petition and are now being processed separately by the Service. This is the result of a new Form I-539 that USCIS released in March 2019, and the new biometrics requirement for each applicant and co-applicant. The USCIS is expanding its use of biometrics for the purposes of identity verification and records management. With the release of this new version, USCIS also published a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status. Starting on March 22, 2019, USCIS began accepting only the revised Form I-539 and I-539A with an edition date of 2/4/2019. The revised Form I-539 and I-539A also mandated the following significant changes:

  • Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A. Parents or guardians are able to sign the form for children under the age of 21 or who cannot sign due to health reasons.
  • Every applicant and co-applicant (except certain A, G, and NATO nonimmigrants) must now pay an $85 biometric services fee.
  • Every applicant and co-applicant must now have their biometrics taken before the I-539 application can be adjudicated. The appointments are scheduled at the nearest Application Support Center (ASC) closest to the main applicant’s address.

The change in the process happens after the I-539 application form is filed. Following filing, each applicant and co-applicant will receive a biometrics appointment to appear at an ASC to have their fingerprints, photograph, and/or signature collected. USCIS will automatically schedule the biometrics appointment, but this can generally take three weeks or more following the filing of the application to schedule. With the addition of the new biometrics requirement for I-539 applicants, this delay will no longer afford USCIS the ability to grant the I-539 within the same 15-day period for I-129 petitions filed via premium processing, and changes the filing and adjudication requirements significantly. USCIS confirmed during a stakeholder teleconference on March 1, 2019, that it can no longer continue its longstanding courtesy practice of adjudicating the I-539 along with a concurrently filed I-129 petition filed via premium processing.

All I-539 applications are now subject to the standard processing times for Forms I-539, which are taking substantially longer to adjudicate than the principal’s I-129 petition. Processing times are available on the USCIS’ website at: https://egov.uscis.gov/processing-times/. Such lengthy delays can potentially have an impact on the ability for I-539 applicants to renew their driver’s licenses. As an alternative to filing the I-539, dependents may choose to apply for a derivative nonimmigrant visa at a U.S. Consulate or Embassy outside of the United States once the principal’s I-129 petition has been adjudicated. Please consult your GT attorney with specific questions regarding extending dependents’ nonimmigrant status.

For more on Form I-539, click here.

*Not admitted to the practice of law.

On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations to meet the H-1B numerical cap for fiscal year 2027 (FY 2027), including the advanced degree exemption (commonly known as the “master’s cap”). This marks the conclusion of the initial H-1B registration and selection period — the first conducted under USCIS’s new wage-level-weighted process favoring higher offered compensation. Petitioners will have at least 90 days from April 1, 2026, to file H-1B petitions for selected beneficiaries.

USCIS has notified all prospective petitioners whose beneficiaries were selected in the lottery. Registrants’ online accounts will display their registration status, allowing petitioners to confirm selections. Only those with selected registrations may proceed with filing an H-1B cap-subject petition for FY 2027.

H-1B Petition Filing Period

USCIS opened the filing window for H-1B cap-subject petitions on April 1, and petitioners may file only for selected beneficiaries based on a valid registration submitted during the registration period. USCIS noted that the latest date for receipt of cap-subject H-1B petitions is June 30, 2026.

New Form I-129 and Supporting Documents

Petitioners should follow USCIS requirements to avoid rejections or delays. Petitioners must include a copy of the beneficiary’s H-1B selection notice with each cap-subject petition. In addition, as of April 1, USCIS will only accept the Feb. 27, 2026, edition of Form I-129 (Petition for a Nonimmigrant Worker). Compared to prior versions, the new Form I-129 mandates more detailed information about the offered H-1B position and requires that the information be consistent with the Standard Occupational Classification (SOC) code selected during the cap registration process. As another new mandate, USCIS requires that petitioners include “evidence of the basis of the wage level selected” during the registration process.

Petitioners must still submit all other required supporting evidence as outlined in the Form I-129 instructions to establish eligibility for petition approval. Failure to comply with these requirements may result in rejection, a request for evidence or denial of the petition.

$100,000 Additional Fee Requirement

Under the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, certain H-1B petitions filed on or after Sept. 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility.

USCIS has confirmed that petitions that cannot be approved as an in-country change of status will be subject to the $100,000 as a condition of approval, unless the agency has approved a national interest exception from the employer in connection with this requirement.

Takeaways

The FY 2027 H-1B filing process presents increased compliance requirements. With stricter documentation requirements and evolving policy considerations, both employers and applicants should proceed with caution and precision. Timely preparation and careful review of eligibility requirements may support a successful H-1B petition.

With annual appropriations for the Department of Homeland Security (DHS) having lapsed on Feb. 14, 2026, immigration stakeholders are again navigating the practical consequences of a DHS-specific shutdown. Despite the current shutdown, most DHS immigration functions continue, but the impact may vary across agencies and programs. U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) functions also remain operational. 

Big Picture: ‘Shutdown’ Does Not Mean Stop

During a DHS shutdown, roughly 90% of the department’s more than 260,000 employees are required to keep working, often without pay. Many immigration functions are deemed “essential,” while others are insulated by separate funding streams such as filing fees or the One Big Beautiful Bill Act (OBBBA). For businesses, that means core adjudications and enforcement activities largely continue, even as certain programs pause.

USCIS: Largely Open with Program-Specific Caveats

Because USCIS is primarily funded by the payment of filing fees submitted with immigration applications, USCIS processing continues during a shutdown. Employers may expect to proceed with routine business immigration filings without disruption.

However, programs that depend on appropriated funds might be vulnerable to disruption:

  • E-Verify Program: Historically, E-Verify relied on federal funding and was unavailable during government shutdowns. However, during the last government shutdown in October 2025, approximately one week later, E-Verify was restored while the shutdown continued. E-Verify remains operational during the current DHS shutdown. In the event of the system’s suspension during a shutdown, alternate I-9 remote document review procedures are available as employers must still complete the I-9 verification steps within the three-day window. USCIS has previously confirmed that employers may continue using the new alternate review process when E-Verify is temporarily unavailable, and there has been no indication that this policy will change. Once the system resumes, cases should be created promptly. 
  • USCIS Filings: Because USCIS is primarily a fee-funded agency, applications and petitions may continue to be filed and processed. In the past, USCIS has stated that it may excuse late filings for certain immigration benefits if the government shutdown directly caused the delay, such as when other agencies like the DOL temporarily suspended operations. For example, USCIS has accepted late H-1B Form I-129 petitions when the required certified labor condition applications (LCAs) from the DOL could not be obtained on time and included with the filing. In these situations, employers and their counsel may wish to document any shutdown-related obstacles that prevented a timely filing.

For specific programs:

  • EB-5 Immigrant Investor Regional Center Program: The EB-5 program continues, as it is authorized through Sept. 30, 2027, and is not impacted by the current DHS funding lapse.
  • Special Immigrant Religious Worker (EB-4) Program: While the EB-4 category is tied to appropriations, the president signed into law H.R.  7148, extending the EB-4 non-minister special immigrant religious worker program through Sept. 30, 2026. 

US Customs and Border Protection (CBP): Ports Stay Open, But Discretionary Processing May Slow

CBP inspection and law enforcement personnel are treated as essential, so ports of entry remain open and passenger processing continues. However, the Transportation Security Agency (TSA), which is under DHS, is impacted as the partial shutdown stretches into the second week.

  • TSA PreCheck: A government funded program that provides expedited airport security screening for low-risk travelers continues to remain operational with no change for the traveling public, despite DHS briefly suspending TSA PreCheck Feb. 21. 
  • Global Entry: CBP’s Trusted Traveler Program that helps speed up the customs process for pre-approved travelers when reentering the United States remains suspended as of Feb. 22. Applications typically filed at the border – such as certain nonimmigrant adjudications or discretionary benefits – may experience delays.

DOL and US Department of State (DOS): Insulated for FY 2026

Not all key immigration agencies are affected by the current DHS funding lapse.

  • DOL: The DOL is funded through the remainder of FY 2026. Unlike the last government shutdown in October 2025, PERM processing, prevailing wage determinations, and LCAs may continue under normal operations, absent separate disruptions.
  • DOS: The DOS is also funded through FY 2026. Consular posts may remain open and visa processing should continue, although local conditions or operational decisions might create delays.

Immigration and Customs Enforcement (ICE)

ICE employees are considered “essential,” and the agency’s enforcement and deportation operations received a single lump sum of $29.9 billion from the OBBBA. ICE continues enforcement operations, and the ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since fees fund SEVP. Certain compliance activities that include I-9 audits and Notices of Inspection also continue as compliance obligations do not pause during a shutdown.

Takeaways for Employers and Practitioners

The current DHS shutdown is less about a complete halt and more about targeted disruptions and heightened uncertainty. Employers and immigration practitioners may wish to:

  • Continue filing USCIS petitions and applications on normal timelines while documenting any shutdown-related barriers to timely filing.
  • Prepare for possible E-Verify outages or delays by training HR on alternate I-9 remote verification procedures and ensuring internal policies reflect the latest USCIS guidance.
  • Advise traveling employees and business visitors that ports remain open but discretionary processing at the border may be delayed. Employees may wish to carry complete documentation of their immigration status, especially when traveling internationally.
  • Monitor sunset-tied programs and consider accelerated filing strategies where appropriate.

While congressional discussions around DHS funding continue, careful planning may reduce operational disruption for businesses and individuals relying on the U.S. immigration system.

On Jan. 9, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will publish a final rule increasing USCIS fees for premium processing.

Premium processing provides expedited processing for certain case types for an additional government filing fee.

In the announcement, USCIS stated that the premium process fee increase reflects the amount of inflation from June 2023 through June 2025. The USCIS Stabilization Act established the authority for DHS to adjust premium processing fees every two years to account for inflation. USCIS stated that the government will use the revenue generated by the fee increase to provide premium processing services, make improvements to adjudication processes, respond to adjudication demands, including processing backlogs, and otherwise fund USCIS adjudication and naturalization services. USCIS last adjusted premium processing in February 2024.

Effective March 1, 2026, requests for premium processing (Form I-907) must include the following updated fees:

FormPrevious FeeNew Fee
Form I-129, Petition for a Nonimmigrant Worker, H-2B or R-1 nonimmigrant status$1,685$1,780
Form I-129, Petition for a Nonimmigrant Worker, all other available Form I-129 classifications: E-1
E-2
E-3
H-1B
H-3
L-1A
L-1B
LZ
O-1
O-2
P-1
P-1S
P-2
P-2S
P-3
P-3S
Q-1
TN-1
TN-2		$2,805$2,965
Form I-140, Immigrant Petition for Alien Worker, employment-based classifications: E11
E12
E13
E21 (NIW and non-NIW)
E31
E32
EW3		$2,805$2,965
Form I-539, Application to Extend/Change Nonimmigrant Status, requesting: F-1
F-2
J-1
J-2
M-1
M-2		$1,965$2,075
Form I-765, Application for Employment Authorization, for certain eligible applications (OPT and STEM-OPT Classifications)$1,685$1,780

The new fees will take effect for filings postmarked on or after March 1, 2026.

The Department of Homeland Security (DHS) has published its Spring 2025 Unified Regulatory Agenda, outlining changes to immigration policies and enforcement procedures that may affect U.S. employers and their workforces. These regulatory developments represent a shift in approach from previous policies and require careful analysis and planning by HR departments and legal counsel.

Verified Regulatory Changes

Executive Actions Already Implemented 

Based on official government announcements, several immediate policy changes have been in effect since January 2025. Executive Order 14159 revoked previous guidance limiting immigration enforcement in certain locations, and now allows enforcement actions at all workplace locations. Additionally, new screening procedures for immigration benefit applications have been implemented, including social media review for certain categories of applicants, which may extend processing times and require additional documentation preparation.

The administration has also reinstated alien registration requirements under Immigration and Nationality Act (INA) Section 262, making compliance with these registration obligations a priority for enforcement agencies. This affects foreign nationals who may not have been subject to registration requirements under previous policies. Furthermore, new fee structures under reconciliation legislation have been implemented, including asylum application fees that became effective July 22, 2025, which adds financial considerations to immigration planning.

H-1B Program Changes Already in Effect 

H-1B and H-2 final rules took effect Jan. 17, 2025, implementing several modifications to these temporary worker programs. The most notable change was the introduction of a beneficiary-centric selection process for the FY 2025 cap season, which aimed to reduce gaming of the lottery system by focusing on individual beneficiaries rather than allowing multiple registrations. The rules also established streamlined approval processes for certain petition types, particularly for extensions and amendments where the basic circumstances remain unchanged.

Enhanced portability provisions for H-2B workers were also implemented, allowing greater flexibility for workers to change employers under certain circumstances. Additionally, all petitioners must now use the updated Form I-129 (edition 01/17/25) for any petitions filed on or after the effective date, with no grace period for the previous form version.

Proposed Regulatory Changes Under Review

H-1B Program Reform Initiative 

According to the Spring 2025 regulatory agenda, DHS proposes to “reform the H-1B program by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements.” The stated purpose is to “improve the integrity of the H-1B nonimmigrant program and better protect U.S. workers’ wages and working conditions.”

The proposed changes would include revisions to cap exemption eligibility criteria for universities and nonprofit research organizations, potentially affecting institutions that have historically been exempt from the annual H-1B numerical limitations. Enhanced compliance review procedures may be implemented for employers with previous violations, potentially resulting in increased documentation requirements and longer processing times for companies with compliance histories. The proposal also encompasses increased documentation requirements for third-party placement arrangements, which may impact consulting and staffing companies that place H-1B workers at client sites. Additionally, expanded site visit and monitoring programs will provide immigration authorities with greater oversight capabilities over H-1B employers and their compliance with program requirements.

Employment Authorization Policy Revisions 

The agenda includes proposals affecting various categories of employment authorization that might have broad implications for employers and workers. One proposed change involves potential modifications to employment authorization eligibility for asylum applicants, which might affect workers who are currently authorized to work based on pending asylum applications. Additionally, proposed clarifications regarding discretionary employment authorization would affect multiple foreign national populations, potentially including F-1 students utilizing Optional Practical Training, individuals with pending adjustment of status applications, and various temporary status holders. These changes may alter the employment landscape for thousands of foreign national workers currently authorized to work in the United States under these programs.

Employer Considerations and Planning Needs

Enhanced I-9 and Worksite Compliance 

Employers should consider comprehensive reviews of their I-9 compliance procedures and documentation to ensure all required forms are properly completed and maintained according to current standards. This includes verifying that Section 1 of Form I-9 is completed on the employee’s first day of work, that Section 2 is completed within three business days of the employee’s start date, and that re-verification is conducted when work authorization documents expire. Employers should also prepare protocols for potential government inspections, including designating specific personnel who are authorized to interact with enforcement agents and establishing clear procedures for document production requests. [See prior GT blog posts on inspections.]

Immigration Benefit Application Considerations 

New screening requirements may affect processing times for H-1B, L-1, and other employer-sponsored petitions, which may require employers to build additional time into their planning processes. Enhanced documentation requirements for benefit applications may include more detailed job descriptions, organizational charts, and evidence of the employer-employee relationship. The implementation of social media and background review procedures means that applicants should be advised to review their online presence before filing applications, and employers should consider developing guidelines for employees regarding social media content during the application process. Premium processing availability and timelines may also be affected, as certain cases requiring enhanced security review may be excluded from expedited processing options.

Workforce Planning Considerations

Proposed H-1B reforms may particularly affect organizations currently utilizing cap exemptions, as revisions to exemption criteria may force some positions into the annual lottery system that were previously guaranteed processing. Employers with previous compliance issues should expect enhanced scrutiny of future petitions, potentially including mandatory site visits, extended processing times, and higher documentation standards.

Employment Authorization Categories 

Potential changes to discretionary employment authorization may affect various worker populations and their employers. F-1 students currently utilizing Optional Practical Training may face modified eligibility criteria or shortened authorization periods, which might impact technology companies and other employers who rely on this talent pipeline for entry-level positions. Employees with pending adjustment of status applications may encounter changes to automatic work authorization renewal procedures, potentially creating gaps in employment authorization for long-term employees awaiting green card processing. Workers in various temporary status categories, including those with Temporary Protected Status or humanitarian parole, may face enhanced eligibility requirements or modified renewal procedures. Additionally, dependent spouses with current work authorization under programs like H-4 EAD may be affected by policy modifications that might restrict or eliminate these work opportunities.

Implementation Timeline Considerations

Immediate Effect Changes 

Enhanced enforcement procedures are already operational across all DHS agencies, meaning that employers should expect immediate application of new compliance standards. New application screening requirements have begun implementation, affecting processing times and documentation requirements for current applicants. Fee changes took effect July 22, 2025, requiring budget adjustments for ongoing and planned immigration cases. H-1B final rule changes became effective Jan. 17, 2025, and apply to all petitions filed on or after that date.

Proposed Rule Timeline 

Most proposed rules undergo public comment periods, typically lasting 30-60 days, providing an opportunity for stakeholders to provide input on proposed changes. Final implementation may occur six to 12 months after proposal, though this timeline can vary based on the complexity of the rule and the volume of public comments received. Some changes may be implemented as interim final rules with immediate effect, particularly those related to national security or program integrity concerns. Court challenges or administrative delays may affect timelines, potentially extending implementation periods or requiring modifications to proposed rules based on judicial review.

On April 1, 2024, changes to various immigration processes will take effect, including the following:

  1. Certain USCIS Forms Take Effect—with No Grace Period. Starting April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will only accept the 04/01/24 versions of Form I-129 and I-485. USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines.
  2. New USCIS Fees Take Effect. As GT previously reported, on Jan. 31, 2024, USCIS published a Federal Register final rule announcing that new filing fees would be implemented April 1. USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines. The new fees will be posted on the USCIS website.
  3. USCIS Will Start Accepting FY 2025 H-1B Cap Petitions. USCIS will complete the registration selection process shortly and will start accepting H-1B Cap Subject petitions April 1. Selected H-1B registrations will have 90 days to file the H-1B petition with USCIS.
  4. Service Center Filing Location Updates for Form I-129, I-485. Starting April 1, H-1B and H-1B1 (HSC) Form I-129 petitions must no longer be filed at the USCIS service centers. All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions must be filed at USCIS lockbox locations. This includes cap, non-cap, and cap-exempt H-1B filings.
  5. New Process for Naturalization Applicants Requesting Social Security Updates. As GT previously reported, starting April 1, naturalization applicants will be able to request a new or replacement Social Security card when filing Form N-400, rather than having to apply at the local Social Security office.