H-1B visa update: USCIS rolls out new I-129 form with stricter requirements

More details on job location, employment history required

The revised form requires additional details about work locations and employment arrangements. It also mandates disclosure of the employee’s immigration history. While the main visa categories remain unchanged, applications will face stricter scrutiny.

Employers must disclose salary level, job requirements

The updated Form I-129 also requires employers to specify minimum job requirements for the position and determine the Labour Condition Application (LCA) wage level. This includes disclosing minimum qualifications, field of study, and required work experience.

Not just H-1B: Other visa categories covered

Form I-129 is not limited to H-1B visas. Petitioners can also use it to extend a stay or change visa status. Employers may file the form to bring non-immigrant workers to the United States under categories such as H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, and R-1.

Students, status change applicants also affected

Applicants may also use the form to extend or change visa status to E-1, E-2, E-3, H-1B1, TN, or any of the above classifications. Students may use it to transition from a study visa to a work permit. However, the new guidance exempts US employers from hiring F-1 students under the H-1B programme.

What is an H-1B visa?

The H-1B visa allows US employers to hire foreign workers on a temporary, non-immigrant basis. Applicants must possess specialised knowledge in a specific field and hold at least a bachelor’s degree or an equivalent qualification.