USCIS Issues New Form I-129

The USCIS, on 3/11/05, posted a new form I-129 to its website. The former form I-129W has been removed from the website, updated and incorporated into the new version of form I-129. Instructions and the form have been revised and updated, including the new fees and other changes such as additional bases for classification and requests for action; requiring passport information, LCA case number and a NAICS code. The new version also contains a form for nonimmigrant classification based on a Free Trade Agreement, and makes changes to the form for H-2A or H-2B classification. Additional changes are made to the O & P and the Q & R classification supplements.

Note also that the instructions to the form require that the H-1B and L-1 $500 Fraud Prevention and Detection Fee must be paid with a check or money order that is separate from the additional fee and petition fee.

With respect to the effective date of the new form, the USCIS website notes that "certain e-filers may use prior electronic versions through 9/30/05," thereby making it appear that the new form I-129 is effective immediately. Nevertheless, there are indications that this may not be the case. AILA is seeking information on the effective date of the new form, and will post it to InfoNet as soon as it becomes available.