On January 17, 2025, the Department of Homeland Security’s (DHS) H-2 final rule will go into effect, introducing enhanced requirements for the H-2A nonimmigrant visa program. To align with these changes, U.S. Citizenship and Immigration Services (USCIS) will implement a revised version of Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25). Unlike past updates, use of this new edition of Form I-129 has no grace period, making its use mandatory starting January 17.
As previously announced, the final rule aims to bolster worker protections and ensure program integrity by imposing stricter penalties on employers who charge prohibited fees or violate labor laws and enhancing flexibility for H-2A program participants.
Important H-2A Filing Guidelines
Beginning January 17, USCIS will reject Form I-129 petitions filed using the prior (04/01/24) edition. Filing instructions include the following:
- The 04/01/24 edition of Form I-129 will be accepted only if received by USCIS before January 17, 2025.
- Any petition using the 04/01/24 edition and received on or after January 17, 2025, will be rejected.
- Only the revised 01/17/25 edition of Form I-129 will be accepted for petitions received on or after January 17, 2025.
For those submitting Form I-129 by mail, ensure that the correct edition is used and received by USCIS by the specified deadlines to avoid processing delays or rejections.
Employers participating in the H-2A program should take immediate steps to familiarize themselves with the revised requirements and ensure compliance. On Jan. 16th, Western Growers H-2A Services began sending out its first petitions using the new I-129 form on behalf of its members.
Members with questions about the DHS Final Rule or the new Form I-129 should contact Western Growers at [email protected].