Since November 9, 2026, USCIS only accepts the new edition of Form I-129, edition 09/09/26.
Anyone who files the old edition, 02/27/26, from that date on will have the petition rejected and returned.
The change is about the form, not about eligibility.
No criterion for who can apply for a visa changed with the new edition.
What changed was the paper USCIS accepts, the fees tied to the September 9 final rule, and the mailing address.
What changed on November 9
USCIS published the new edition of Form I-129 on September 9, 2026.
The edition carries the date 09/09/26 in the footer of the form and the instructions.
The new edition is tied to the final rule on the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 visas, in effect since September 9, 2026.
The transition period ended on November 9, 2026.
From that date on, USCIS only accepts edition 09/09/26.
Edition 02/27/26 remains valid only for petitions mailed or filed electronically before November 9, 2026.
What counts is the mailing date, not the date the form was filled out.
A petition completed on the old edition in October and mailed on November 10, for example, will be rejected.
Who is affected: the I-129 classifications
Form I-129 is the petition form for a nonimmigrant worker.
It covers a wide set of classifications.
The list includes H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, and R-1.
The form also serves to request an extension or change of status to E-1, E-2, E-3, H-1B1, or TN, or to one of the classifications above.
In practice, the change reaches companies that hire foreign professionals, professionals with a petition in progress, and anyone whose status depends on one of these classifications.
The beneficiary feels the effect in the result: a petition rejected for the wrong edition is not reviewed.
The merits of the case are never even assessed.
That is why checking the edition has become a mandatory step before filing.
What happens if you use the old edition
The consequence is rejection of the petition.
USCIS returns the package to the petitioner, without fixing the form on its own.
A rejection for the wrong edition is not a denial on the merits.
It does not mean the case has no right to the visa.
It means the process never started.
The lost time can be the bigger problem.
A rejection in November can push filing weeks later, with the risk of missing a hiring window, a work start date, or a status deadline.
If the petition is rejected, the path is to prepare a new package with edition 09/09/26 and file again.
Nothing in the USCIS guidance provides a way to reuse the old petition by swapping only the cover page.
The rejected package must be redone with the correct form.
The signature deserves attention too.
The signature must be valid, as the form instructions require.
A badly signed form may be rejected or denied.
That guidance applies to all petitions, not only to those using the new edition.
How to check the edition in the footer
The check takes less than a minute.
The edition date is in the footer of the form and the instructions.
Look for 09/09/26.
If the footer shows 02/27/26, the form is the old edition.
Download the current version from the USCIS page before filling it out.
Do not reuse a file saved on your computer without checking the date.
Forms downloaded months ago are usually the previous edition.
Another point of attention is mixing pages.
All pages of the form must be from the same edition, with the date and page number visible.
Missing pages or pages from a different edition can lead to rejection.
The risk appears when someone combines pages from files downloaded on different dates, mixing the old edition with the new one.
The check must be done page by page, before signing.
Part 6 of the form also needs care.
The certification on controlled technology, in Part 6, is mandatory for H-1B, H-1B1 for Chile and Singapore, L-1, and O-1A.
It is part of the form and must be completed when applicable.
Skipping that part is another reason for trouble at filing.
The 9-11 rule fee: only for some employers
The new edition of the I-129 is tied to the final rule on the 9-11 fee, in effect since September 9, 2026.
Petitions mailed or filed on or after September 9, 2026 must include the fees required by the final rule.
USCIS points to table G-1055 as the reference for the applicable fees.
The 9-11 fee does not apply to all employers.
It applies to the covered employer under the rule: one with 50 or more employees in the United States and with more than half of them in H-1B or L-1A or L-1B status.
Both criteria must be present at the same time.
The fee also does not apply when the amended petition does not request an extension of the current H-1B or L-1 status.
Each case must be assessed on its own numbers.
There is no single amount that fits every petition.
Fees vary by classification, type of request, and the employer’s situation.
That is why the USCIS guidance is to check table G-1055 and the instructions for edition 09/09/26 before calculating the payment.
An incomplete or incorrect payment can delay or jeopardize the filing, just as an outdated form can.
The mailing address changed too
Besides the form edition, the mailing address changed.
On October 7, 2026, USCIS changed the mailing addresses for several forms.
For the I-129, there was a 30-day transition period.
Forms mailed by November 9, 2026 to the previous address are accepted.
From November 10 on, only the current address applies.
The correct address depends on the classification and the type of request, and there is no single mailing address for all I-129 petitions.
That is why this article does not publish an address.
Before mailing, check the current address on the I-129 Direct Filing Addresses page on the USCIS site.
Mailing to the old address after the transition ends is another reason for the package to be returned.
The address must be checked on the day of mailing, because the addresses page is the official reference and can be updated.
What did not change
The new edition does not change who is eligible for each classification.
The criteria for each visa remain the same.
What changed was the accepted form, the fees tied to the final rule, and the mailing address.
Anyone still deciding between options can compare the immigration pathways before filing.
The new edition is also not the US$ 100,000 H-1B fee.
Those are different matters and must not be confused.
The guidance on the US$ 100,000 payment was annulled by court order.
DHS disagrees with the decision and is appealing.
The First Circuit denied the request for a stay on July 24, 2026.
This article does not deal with that dispute.
The theme here is only the form edition and the filing rules in effect since November 9.
Frequently asked questions
I filed my petition before November 9. What now?
If the petition was mailed or filed electronically before November 9, 2026, edition 02/27/26 is accepted.
USCIS reviews the petition normally.
Keep the mailing receipt or the electronic filing confirmation with the date.
The filing date is the proof that the petition entered within the transition period.
Can I correct and refile if the petition is rejected?
Yes.
A rejection for the wrong edition does not prevent a new filing.
The package must be redone with edition 09/09/26, with all pages from the same edition, a valid signature, and the applicable fees.
It is worth checking the current mailing address before refiling as well.
The new filing follows the rules in effect on the date of the new filing.
Do I need a lawyer to file the I-129?
USCIS does not require a lawyer to file Form I-129.
The petitioner can prepare and file the petition without a lawyer.
In practice, companies and professionals usually rely on professional guidance, because the form involves different classifications, fees, and deadlines.
The decision belongs to the petitioner.
What USCIS requires is the correct form, complete and signed, with the right payment and the right address.
Anyone who wants an initial orientation on their own scenario can take Meridian’s preliminary assessment.
Note: the deference proposal remains open until November 13
There is still a separate proposal, not in effect, about ending deference in I-129 extensions.
The DHS proposal would remove the rule that guides USCIS to respect prior eligibility decisions when reviewing an extension.
Comments on the proposal are accepted only through the regulations.gov site, under docket USCIS-2026-0529, until November 13, before midnight Eastern Time.
The full explainer is published on the Meridian site: End of deference in I-129 extensions: DHS proposal.
The proposal is not in effect.
The current deference rule still applies until a final rule exists.
Anyone who wants to comment must do so within the deadline.
After November 13, the comment period closes.
Official sources
This content is for information only and does not constitute legal advice. For guidance on your case, consult a licensed immigration attorney in the United States.