USCIS Requires 09/09/26 Form I-129 Starting Nov. 9

by Niloofar Rahimi Zadeh updated on Nov 11, 2026 02:06:06 PM

U.S. Citizenship and Immigration Services now accepts only the 09/09/26 edition of Form I-129, Petition for a Nonimmigrant Worker. The requirement applies to petitions postmarked or electronically submitted on or after November 9, 2026.

USCIS also recently changed several Form I-129 mailing locations. As of November 11, 2026, employers filing paper petitions should use the agency’s current direct filing address—not an address saved from a previous case. Using an outdated form edition, mixing pages from different editions, or mailing the petition to the wrong location can result in rejection. (jcsa.live)

What Changed for Form I-129 Filings?

USCIS published the 09/09/26 edition of Form I-129 on September 9, 2026. During a transition period, the agency continued accepting the previous 02/27/26 edition if it was submitted before November 9.

That transition has ended. USCIS states that it will:

Accept the 09/09/26 edition;
Reject the 02/27/26 edition if postmarked or electronically submitted on or after November 9, 2026;
Potentially reject paper filings containing missing pages or pages from different form editions; and
Require paper petitions to be sent to the correct current address based on the petition type and reason for filing.

USCIS changed its Form I-129 filing locations on October 7, 2026. The agency provided a grace period for petitions sent to a former location if postmarked on or before November 9. Employers preparing new filings should now check the current USCIS Form I-129 filing addresses immediately before mailing the package.

Which Workers Use Form I-129?

Form I-129 is filed by a U.S. employer or another qualifying petitioner—not generally by the foreign worker personally. The form covers multiple temporary worker classifications, including:

H-1B specialty occupation workers;
H-2A and H-2B temporary workers;
H-3 trainees;
L-1 intracompany transferees;
O-1 and O-2 workers;
P athletes, entertainers and support personnel;
Q-1 cultural exchange participants; and
R-1 religious workers.

Petitioners may also use Form I-129 for certain change-of-status or extension-of-stay requests involving E-1, E-2, E-3, H-1B1 and TN classifications. (jcsa.live)

For an F-1 student moving from OPT, STEM OPT or authorized Curricular Practical Training (CPT) to H-1B status, the sponsoring employer files Form I-129. The student is the beneficiary of the petition.

Why Did USCIS Issue a New Edition?

The new edition was released in connection with the final rule governing the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 employers.

Effective September 9, 2026, covered employers must pay the additional fee for qualifying H-1B and L-1 extension-of-status petitions, including certain extensions involving the same employer and employee. A covered employer is one that:

Employs at least 50 people in the United States; and
Has more than 50% of its U.S. workforce in H-1B, L-1A or L-1B status.

The additional fee is $4,000 for covered H-1B petitions and $4,500 for covered L-1 petitions. It does not apply to every employer. The final rule also provides an exception for an amended petition that does not request an extension of the worker’s currently authorized H-1B or L-1 status. (federalregister.gov)

Because Form I-129 fees vary by classification, employer size, nonprofit status and petition type, employers should review the current USCIS fee schedule rather than relying on the amount paid for an earlier petition.

What F-1, OPT and H-1B Workers Should Check

The employer and its immigration team are responsible for filing Form I-129, but the beneficiary should still review the personal and employment information used in the petition.

Important details may include:

Legal name and passport information;
Current immigration status and Form I-94 expiration date;
Requested classification and start date;
Job title, duties and work locations;
Offered wage and corresponding Labor Condition Application information;
Whether the employer is requesting a change of status, extension or consular processing; and
Prior periods in H or L status, when applicable.

Students with a CPT or OPT history should preserve their Forms I-20, employment authorization documents, academic records and employment documentation. These records may become relevant if USCIS reviews whether the beneficiary maintained valid F-1 status during an H-1B change-of-status case. Day1CPT.org’s H-1B and CPT RFE evidence guide provides additional recordkeeping considerations.

The new Form I-129 edition does not itself change CPT, OPT or STEM OPT eligibility. It is a filing requirement for employers submitting temporary worker petitions.

Frequently Asked Questions

Will USCIS accept the 02/27/26 edition of Form I-129?

No, not for a petition postmarked or electronically submitted on or after November 9, 2026. USCIS now requires the 09/09/26 edition.

Does the employee file Form I-129?

Generally, no. The U.S. employer or other qualifying petitioner files Form I-129 on behalf of the foreign worker. Employees should nevertheless verify that their personal, immigration and employment information is accurate.

Can Form I-129 be filed online?

Certain Form I-129 classifications may be filed online, but online filing is not necessarily available for every petition type. Petitioners should check the USCIS online-filing eligibility page before selecting a filing method. Paper filings must use the current direct filing address. (jcsa.live)

Does the new edition change H-1B eligibility requirements?

No. Requiring the 09/09/26 edition does not, by itself, change who qualifies for H-1B status. The form update implements current filing and fee requirements, including the expanded 9-11 Biometric Fee rules for covered H-1B and L-1 employers.

Does an approved Form I-129 serve as a visa?

No. USCIS expressly states that petition approval is not a visa. A worker who needs a visa to enter or reenter the United States must obtain the appropriate visa from a U.S. embassy or consulate before requesting admission. The worker should also review the Form I-94 issued upon entry because it controls the authorized period of stay. (jcsa.live)

Sources:

Topics: USCIS

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