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
  • 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 will also include 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). On February 8, 2021, USCIS published a rule delaying the effective date of the H-1B Selection Final Rule to December 31, 2021 (86 FR 8543). See NAFSA's page on the H-1B Selection Final Rule. Changes in the new forms association with that final rule will not be implemented before that rule's effective date of December 31, 2021.

USCIS is giving the public 60 days to comment on the new forms, until October 18, 2021. USCIS asks for comments that:

"(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses."