USCIS is planning to separate Form I-129, Petition for Nonimmigrant Worker, into several individual forms. Currently, Form I-129 has a main form and various supplements used by the various nonimmigrant categories that utilize the form. The new forms will combine information from the current main Form I-129 with information from the current supplements to create unique forms tailored to specific nonimmigrant classifications, as follows:

  • Form I-129H1, Petition for Nonimmigrant Worker: H-1B Classifications, to collect information for the H-1B and H-1B1 nonimmigrant programs
    • Update (01/19/22). In a revised information collection notice published at 87 FR 2891 (January 19, 2022), USCIS noted that it "made edits to the I-129H1 Form and Instructions in response to comments. USCIS also removed form items and instructional language that were associated with the final rule published on January 8, 2021 ... [that was] withdrawn on December 22, 2021... as were information collection elements associated with that rule that would have gone into effect had the rule not been withdrawn. Therefore, the form items and instructional language associated with the January 2021 final rule that were included in the 60-day notice version of Form I-129H1 are not being implemented." USCIS is giving the public 30 days to comment on the revised I-129H1 form and instructions, until February 18, 2022.
    • You can preview the revised draft form and instructions by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and entering USCIS-2021-0015 in the search box. Here are the direct links for convenience:
  • Form I-129E&TN, Petition for Nonimmigrant Worker: E and TN Classifications
    • Information collection comment notice, 86 FR 46261 (August 18, 2021). Comments due October 18, 2021.
    • You can preview the draft form and instructions by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and entering USCIS-2021-0016 in the search box.
  • Form I-129L, Petition for Nonimmigrant Worker: L Classifications
    • Information collection comment notice, 86 FR 46261 (August 18, 2021). Comments due October 18, 2021.
    • You can preview the draft form and instructions by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and entering USCIS-2021-0016 in the search box.
  • Form I-129MISC, Petition for Nonimmigrant Worker: H-3, P, Q or R Classifications
    • Information collection comment notice, 86 FR 46261 (August 18, 2021). Comments due October 18, 2021.
    • You can preview the draft form and instructions by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and entering USCIS-2021-0016 in the search box.
  • Form I-129O, Petition for Nonimmigrant Worker: O Classifications
    • Information collection comment notice, 86 FR 46261 (August 18, 2021). Comments due October 18, 2021.
    • You can preview the draft form and instructions by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and entering USCIS-2021-0016 in the search box.
  • Form I-129H2A, Petition for Nonimmigrant Worker: H-2A Classification
    • Information collection comment notice, 86 FR 46260 (August 18, 2021). Comments due October 18, 2021.
    • You can preview the draft form and instructions by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and entering USCIS-2021-0017 in the search box.
  • Form I-129H2B, Petition for Nonimmigrant Worker: H-2B Classification
    • Information collection comment notice, 86 FR 46260 (August 18, 2021). Comments due October 18, 2021.
    • You can preview the draft form and instructions by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and entering USCIS-2021-0017 in the search box.

The new forms would also have included changes associated with the final rule USCIS published on January 8, 2021 titled, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions (86 FR 1676) (H-1B Selection Final Rule), but DHS withdrew that final rule effective December 22, 2021. See 86 FR 72516 (December 22, 2021) and for background see NAFSA's page Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions.

Comments on the original form and instructions changes were due October 18, 2021. In a revised information collection notice published at 87 FR 2891 (January 19, 2022), USCIS noted that it "made edits to the I-129H1 Form and Instructions in response to comments. USCIS also removed form items and instructional language that were associated with the final rule published on January 8, 2021 ... [that was] withdrawn on December 22, 2021... as were information collection elements associated with that rule that would have gone into effect had the rule not been withdrawn. Therefore, the form items and instructional language associated with the January 2021 final rule that were included in the 60-day notice version of Form I-129H1 are not being implemented." USCIS is giving the public 30 days to comment on the revised I-129H1 form and instructions, until February 18, 2022.