On Friday, February 27, the U.S. Citizenship and Immigration Services released a new version of Form I-129. There are now additional questions on the form that are important to note. See more detailed information below.
New Questions
Additional questions have been added to the H-1B Data Collection Supplement.
These questions focus on the education, experience, skills, and supervisory duties required for the position. They are essentially exact copies from the DOL policy guidance on how to calculate wage levels for H-1B Visas, PERMs, etc. It appears that USCIS’ intention in adding these questions was to catch employers out who do not select the correct wage level. It has therefore become all the more important that the wage level analysis completed by the employer or their immigration counsel is accurate. And it is easy to make mistakes in this area. It is therefore vital that you have solid immigration counsel assisting with your H-1B petitions.
Source: Form I-129, Petition for Nonimmigrant Worker; p.21
There is also an additional question regarding the Wage Level for the applicant, seemingly to verify that it matches the lottery submission.
Source: Form I-129, Petition for Nonimmigrant Worker; p.22
Further Details
These questions have already been implemented in the USCIS online system. With the paper forms, the requirement to begin using this new version begins on April 1. That timing aligns with the start of filing for cap cases that were selected.
What this means for employers and applicants
- Plan ahead: Given the additional questions, there may be more time needed to complete applications and ensure all information is consistent.
- Monitor USCIS: Monitor the website for potential additional changes.
- Prepare additional paperwork: In order to ensure wage level calculations are correct, additional documentation may be needed.
We are here to help
If you would like assistance assessing how this may affect your immigration matters – including filing strategies, compliance planning, or addressing urgent deadlines – please contact the KLF immigration professional with whom your normally work or call us on our main line at (212) 495-9245 or email us at info@klugfirm.com.
Disclaimer: This Business Immigration Update is for general information purposes only; it does not constitute legal advice. Actual application of laws and policies may vary based on your specific facts.