USCIS switches Form I-129 edition: only the 09/09/26 version accepted from 9 Nov, old versions rejected; 9-11 Biometric Fee now in force
United States · Policy change · Updated 2026-10-07; 09/09/26 edition mandatory from 9 Nov
| Country / region | United States |
|---|---|
| Category | Policy change |
| Date | 2026-10-07 — filing address updated; I-129 edition switch mandatory from 2026-11-09 |
| Event | USCIS updated the Form I-129 (Petition for a Nonimmigrant Worker) filing address on 10-07 and set an edition switch: from 9 November 2026, USCIS accepts only the I-129 edition dated 09/09/26. Filings made before that may still use the 02/27/26 edition, but the 02/27/26 edition postmarked or electronically filed on or after 9 November is rejected (there is a 30-day grace for the filing address — mail sent to the old address and postmarked before 9 November is still accepted). This edition change aligns with the 9-11 Response and Biometric Entry-Exit Fee (9-11 Biometric Fee) final rule, in force since 9 September 2026, which requires covered employers (50 or more employees in the US, with over 50% in H-1B/L-1A/L-1B nonimmigrant status) to submit the 9-11 Biometric Fee for all H-1B and L-1 petitions; an amendment that does not seek to extend the beneficiary's current H-1B/L-1 status is exempt. It applies to all I-129 classifications: H-1B, L-1, O-1, TN, E, P, H-2B. |
| Impact on applicants | For families already in or planning to work in the US: 9 November is a hard deadline — any I-129 (new petition, extension, or amendment) filed by the employer or attorney on or after that day must use the 09/09/26 edition, or it is rejected outright, wasting the filing fee and the place in line. At the same time, covered employers paying the 9-11 Biometric Fee on H-1B/L-1 petitions is now settled (see our page "9-11 Biometric Fee final rule" for the amount). Employers and applicants should check the form edition now and leave time to complete the new version — do not push filings into early November. Note: this is separate from the $100,000 H-1B surcharge that was vacated by the US District Court (N.D. Cal.) and is on government appeal. |
| Source | USCIS Form I-129 official page (updated 2026-10-07) ↗ Status: in effect — the 9-11 Biometric Fee has applied since 9 September 2026, and the I-129 edition switch becomes mandatory on 9 November 2026 |
Source: USCIS Form I-129 official page ↗ · Verified: 2026-10-31 · This page is for reference only and does not constitute application or legal advice; for the latest, rely on official channels.
Frequently asked questions
What exactly changed?
Two things: (1) From 9 November 2026, USCIS accepts only the Form I-129 edition dated 09/09/26; the 02/27/26 edition postmarked or electronically filed on or after 9 November is rejected (there is a 30-day grace for the filing address — mail sent to the old address and postmarked before 9 November is still accepted). (2) The 9-11 Biometric Fee final rule took effect on 9 September 2026, so covered employers must pay the fee on all H-1B and L-1 petitions (except amendment petitions that do not seek to extend the beneficiary's current H-1B/L-1 status). It applies to all I-129 classifications: H-1B, L-1, O-1, TN, E, P, H-2B.
Who is affected, and when must the new form be used?
Anyone filing any I-129 on or after 9 November 2026 — new petitions, extensions, and amendments — must use the 09/09/26 edition. Filings made before that date may still use the 02/27/26 edition. The most affected group is employer-sponsored work-visa families (mainly H-1B/L-1), whose beneficiaries are often students who stayed to work in the US.
What is the source and the status of this information?
USCIS Form I-129 official page (updated 2026-10-07). Status: in effect — the 9-11 Biometric Fee has applied since 9 September 2026, and the I-129 edition switch becomes mandatory on 9 November 2026. Verified by this site on 2026-10-31.
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