USCIS Ties New Form I-129 to Expanded H-1B Fee

On September 9, 2026, U.S. Citizenship and Immigration Services published a new edition of Form I-129, the same day a DHS final rule tied to the H-1B and L-1 fee took effect.

The new edition builds the fee trigger directly into the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement, the section of Form I-129 that petitioners fill out for H-1B cases. It now asks filers whether they employ 50 or more people in the U.S. and whether more than half of those employees hold H-1B, L-1A, or L-1B status.

Who does this new Form I-129 apply to?

The new Form I-129 edition applies to a specific group of employers: those who employ 50 or more people in the United States, where more than half of those employees hold H-1B, L-1A, or L-1B status. If a petitioner meets both parts of that test, the additional fee applies. The fee still doesn’t apply to amended petitions that don’t request an extension of a worker’s current status.

Other nonimmigrant classifications, such as O-1 petitions, are also not affected by this fee.

What are the new Form I-129 filing deadlines?

• USCIS will accept two Form I-129 editions through November 9. Petitioners can file the new 09/09/26 edition or the prior 02/27/26 edition until then. Starting November 9, USCIS will only accept the 09/09/26 edition.

How does the new I-129 edition affect employers and U.S. sponsors?

Manifest immigration attorney Ana Gabriela Urizar recommends that I-129 petitioners switch to the new edition now rather than waiting until the November 9 deadline.

“Filing the wrong edition when the grace period ends could result in a rejection, which is different from a denial but is still costly,” she says. “If you’re unsure, I suggest consulting with an immigration attorney for guidance.”