4/6/2005

U.S. Citizenship and Immigration Services (USCIS) announced that H-1B petitioners seeking an H-1B may file the new Form I-129, Petition for Nonimmigrant Worker, (edition date 3-11-05) or may file the old Form I-129 (edition date 12-10-01) and the old Form I-129W (edition date 2-14-02) through April 30, 2005.

U.S. petitioners filing the old Form I-129 (edition date 12-10-01) must complete the data field in Part 5, marked “Current number of employees.” In order for USCIS to comply with the reporting requirements of the H-1B Visa Reform Act (Public Law 108-447), petitioners filing the old Form I-129W (edition date 2-14-02) must also complete Part A, section “Beneficiary's Highest Level of Education,” by:

(1) checking the appropriate box indicating Master's, Professional or Doctorate degree; 

(2) clearly annotating next to the selection the phrase – “U.S. earned;” and 

(3) providing the name and location of the U.S institution of higher education.

Starting May 1, 2005, all H-1B petitioners must use the new form I-129 (edition date 3/11/05).