USCIS Seeks Comments on Proposed Revisions to Form I-129

USCIS (United States Citizenship and Immigration Services) is accepting comments on proposed changes to Form I-129, Petition for a Nonimmigrant Worker, until November 25, 2013. Changes to the form include aesthetic/organizational revisions, rewording some questions for clarity, and — importantly — the addition and removal of certain questions.

Form I-129, which is used to petition for H, L, E, TN, O, P, Q and R nonimmigrant status, requests information about the petitioner, beneficiary, job offer and other background information. Each nonimmigrant visa petition requires completion of a corresponding supplement.

Some of the more substantive changes include:

• H Classification Supplement adds H-1B1 and removes H-1C from the list of available classifications sought.
• H-1B Data Collection form removes the question regarding whether the petitioning employer has received TARP funding.
• Both the H-1B Data Collection form and the L Classification Supplement no longer group L-1A and L-1B status together as L-1; the questions are now posed whether the petitioning employer employs more than 50 percent of its employees "in H-1B, L-1A or L-1B nonimmigrant status."
• Rewording the language in the H-1B Data Collection form and L Classification Supplement regarding the fraud fee — the $500 fraud fee is required for petitions filed before October 1, 2015. The current version of the H-1B Data Collection form indicates the fee is applicable to petitions filed between August 14, 2010, and September 30, 2014.
• Both the O and P Classifications Supplement and the H Classification Supplement have a new question asking whether any beneficiary in the petition has an ownership interest in the petitioning organization.

USCIS is particularly interested in information about the time burden involved in reading the instructions, completing the form and providing additional supporting documentation as well as the effort and expense involved in respondents seeking assistance in preparing the forms.