US Requires New Form I-129 Edition From 9 November 2026

From Monday 9 November 2026, U.S. Citizenship and Immigration Services (USCIS) accepts only one version of Form I-129, Petition for a Nonimmigrant Worker. The required edition carries the date 09/09/26. USCIS will reject any petition on the older 02/27/26 edition if the envelope is postmarked, or the online filing is submitted, on or after 9 November.

The same date closes a second grace period. On 7 October 2026, USCIS moved the mail filing locations for Form I-129. The agency gave employers 30 days to adjust and accepts forms sent to a prior filing location only if they are postmarked on or before 9 November 2026. After this date, a paper petition sent to an old address faces rejection.

If you are a foreign worker waiting on an H-1B, L-1, O-1, H-2B or other employer petition, these two changes affect your timeline. A rejected petition is not a denial, but you lose your filing date and your employer must start again. For workers close to the end of their current stay, a lost filing date matters a great deal.

Why USCIS changed the form

USCIS published the 09/09/26 edition in connection with a Department of Homeland Security (DHS) final rule on the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visas. DHS published the rule in the Federal Register on 10 August 2026, and the rule took effect on 9 September 2026.

The fee itself is not new. Congress created the 9-11 Biometric Fee in December 2015 through Public Law 114-113. The amounts stay the same under the new rule:

• $4,000 for each H-1B petition from a covered employer
• $4,500 for each L-1 petition from a covered employer

What changed is the scope. Before the rule, covered employers generally paid the fee on initial petitions and change-of-employer petitions. Under the final rule, covered employers must pay the fee on all H-1B and L-1 extension of status petitions as well. This includes an extension where the worker stays with the same employer. DHS says the rule corrects its earlier reading of the statute and supports its congressional mandate to build a biometric entry-exit system.

Who counts as a covered employer

USCIS defines a covered employer as a petitioner with both of these features:

• 50 or more employees in the United States
• more than 50 percent of those U.S. employees in H-1B, L-1A or L-1B status

The test targets employers with a large share of visa holders on staff. If your employer falls in this group, an extension for you now costs the firm thousands of dollars more than before.

Which petitions skip the fee

The fee does not apply to an amended petition if the amendment does not seek to extend your current H-1B or L-1 status. USCIS also lists no 9-11 fee for a change from L-1A to L-1B, or from L-1B to L-1A, without an extension. H-1B1 petitions for Chile and Singapore nationals are exempt from both this fee and the Fraud Prevention and Detection Fee.

Who uses Form I-129

Form I-129 is the main petition for temporary workers in the United States. Employers use the form for H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1 and R-1 workers. Employers also use the form to request an extension of stay or a change of status to E-1, E-2, E-3, H-1B1 or TN classification.

The new fee touches only H-1B and L-1 petitions from covered employers, but the edition switch reaches every category. An O-1 or TN petition on the old edition faces rejection too.

What USCIS checks on a paper petition

USCIS gives clear instructions for paper filings. Every page must show the edition date and page number at the bottom. All pages must come from the same edition. If any page is missing, or comes from a different edition, USCIS warns the petition faces rejection.

Signature rules also lead to rejections. USCIS will not accept:

• a typed name on the signature line
• a signature by an attorney, representative or family member on behalf of the petitioner
• a stamp, autopen, typewriter or word processor signature
• an electronic signature made outside a USCIS online account, or one made with commercial signature software
• a picture of a handwritten signature pasted onto the form

A photocopy or scan of an original form with a handwritten signature is generally valid. USCIS keeps the right to ask for the original.

Fees to budget for

The 9-11 Biometric Fee sits on top of the regular filing fee. USCIS publishes the base filing fee for Form I-129 on the G-1055 Fee Schedule. There is no fee waiver for this form. Depending on the petition, your employer also pays some of these extra fees:

• ACWIA fee for initial H-1B petitions, change of employer, and the first extension by the same employer for the same worker
• Fraud Prevention and Detection Fee for an initial grant of H-1B or L-1 status, or a change of employer
• Public Law 114-113 fee (the 9-11 Biometric Fee) for covered employers
• Asylum Program Fee of $600 for employers with more than 25 full-time equivalent employees, $300 for employers with 25 or fewer, and $0 for nonprofits

Some groups skip the ACWIA fee, including institutions of higher education, related nonprofit entities, nonprofit or government research organizations, and primary or secondary schools. The ACWIA fee also does not apply to a second or later extension with the same employer for the same worker.

The $100,000 H-1B payment and the courts

A separate issue sits on the same USCIS page. On 8 June 2026, the U.S. District Court for the District of Massachusetts vacated agency guidance on the $100,000 payment for certain H-1B petitions, in State of California v. Mullin. The First Circuit Court of Appeals denied the government's request to pause the order on 24 July 2026. DHS plans to collect the payment if the order is later lifted, so watch this case if you expect a new H-1B petition in 2027.

What to do this week

If you are a worker, or an employer filing for one, take these steps now:

• Check the edition date. Look at the bottom of every page of the form and the instructions. The date must read 09/09/26. Download a fresh copy from the USCIS Form I-129 page instead of reusing a saved template.
• Check the address. Use the current USCIS Direct Filing Addresses for Form I-129 page. The right address depends on your reason for filing. A package to an old address after 9 November risks rejection.
• Consider online filing. USCIS accepts some I-129 classifications through a USCIS online account. Check the Forms Available to File Online page to see if your category qualifies. Online filing removes the risk of a wrong mailing address.
• Confirm covered employer status. Your employer should count U.S. headcount and the share in H-1B and L-1 status before each filing. A missing 9-11 fee on an extension leads to problems.
• Track your I-94 date. If your I-94 expires before the end of your approved petition period, your employer must file an extension before the I-94 date, or you must apply for another benefit or leave the United States.
• Package family forms together. If your H-4 or L-2 spouse or child needs an extension or change of status, file the Form I-539 together with your I-129 at the same location. USCIS then reviews both together, including any Form I-765 work permit request for an H-4 or L-2 spouse.

If your petition is rejected

A rejection means USCIS did not accept the filing at all. Your employer must correct the problem and file again with the right edition, the right fees and the right address. The new filing date becomes your filing date.

For a worker inside the United States, timing matters most. Many extension benefits depend on a timely filing before your current status ends. If a rejection pushes the new filing past your I-94 date, your options shrink fast. Speak with an immigration attorney at once if your status ends within the next few weeks.

Travel after approval

Approval of Form I-129 is not a visa. When you travel, carry your valid passport, your visa if you need one, and Form I-797 Notice of Action showing the approval. Workers on a blanket L petition should carry a copy of the approved Form I-129S. U.S. Customs and Border Protection then records your period of stay on Form I-94.

Sources

• USCIS: I-129, Petition for a Nonimmigrant Worker
• USCIS: H and L Filing Fees for Form I-129
• Federal Register: 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas (final rule, 10 August 2026)
• USCIS: G-1055 Fee Schedule