I-129 Changes - What You Need to Know

Understanding the Changes to Form I-129 in the H-2 Visa Program
USCIS has implemented an update to Form I-129, Petition for a Nonimmigrant Worker. In the H-2 program, this is an integral part of the process for approval of H-2A and H-2B visas, which comes directly after an employer is certified by the Department of Labor.
This update comes on the heels of the new H-2 Final Rule, which took effect on January 17, 2025, with the intention to better ensure the integrity of the programs as well as enhance worker protections.
Key Highlights of the New Rule
1. Stronger Worker Protections
• Includes anti-retaliation measures and whistleblower protections
• Prevents employers from penalizing workers who report violations
• Safeguards workers from threats, deportation, or blacklisting
• Enables H-2 employees to more easily change employers if facing exploitation
2. Increased Oversight and Compliance Measures
• Grants DHS more authority to conduct audits
• Introduces stricter vetting of participating employers
3. More Streamlined Processing for Compliant Employers
• Clarifies employer eligibility criteria
• Allows certain flexibilities in job orders to address labor shortages more efficiently
What Has Changed About Form I-129?
The members at SEA have done a wonderful job breaking down what this rule can mean for employers in the H-2 programs.
If you missed the webinar on Friday, March 7, 2025, we’ve provided a small breakdown explaining what the changes will mean for anyone filing the I-129 form.
Reflecting combined changes associated with this new rule, the new form requires much more detailed information — while still maintaining a fairly ambiguous position regarding what that information truly is and how an employer is expected to provide it.
Areas of Concern
• The form specifically asks employers about previous violations within the H-2 program.
• The implications of this can be significant, as it is unclear whether USCIS will judge these violations on a sliding scale of severity.
• Violations that are minor and have been resolved could be judged with the same scrutiny as severe violations, such as debarment.
• This could lead to increased denials within the program — which can be devastating for any H-2 employer.
• The form also requires employers to ensure that prohibited fees are not charged to the employee and to show enforcement methods regarding this.
• This leaves us scratching our heads in formulating a strategy for how an employer can reasonably show the efforts they are taking to regulate this.
• There is not a clear answer as to how an employer is expected to tackle this.
The Bottom Line
The lack of clarity in defining these rules leads to more questions than answers when attempting to interpret what the questions on the new I-129 are asking.
Legal and Political Pushback
Currently, there is both legal and political pushback to the new I-129 changes.
• Steps to repeal or vacate the rule have been taken, including several lawsuits filed against DHS.
• Different political avenues are also being explored to encourage DHS to pursue a revised edition of the rule if repealing is not an option.
Need Help?
If you are questioned during the filing of your I-129 regarding the new rule changes, please discuss this with your account manager or legal counsel.