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Employee visa petitions: the November 9 Form I-129 cutoff

Employers preparing employee visa petitions have a November 9 cutoff approaching. USCIS is ending acceptance of the older Form I-129 edition and has also changed mailing locations. This October 29 update brings those filing notices together with the separate H-1B and L-1 fee rule already in effect.

Which petition packages are affected?

Form I-129 is the employer petition used for H-1B and L-1 workers, among other temporary classifications. USCIS released its 09/09/26 edition on September 9. It will reject the 02/27/26 edition when postmarked or submitted electronically on or after November 9.

Two November dates with different instructions

The mailing-location notice was issued October 7. Its transition ends differently from the form-edition transition.

Two November dates with different instructions
Filing itemUSCIS instruction
Form editionUse edition 09/09/26 from November 9. The older edition must be postmarked or electronically submitted before that date.
Mailing locationUSCIS accepts mail sent to prior locations if postmarked on or before November 9. Select the current destination from its I-129 address page.

A separate fee change already applies

DHS’s final rule, effective September 9, expanded the 9-11 Response and Biometric Entry-Exit Fee to covered employers’ H-1B and L-1 extensions of status, including extensions with the same employer. The change no longer makes that fee depend on whether the fraud prevention fee is also due.

An employer is covered if it has at least 50 employees in the United States and more than half are in H-1B, L-1A or L-1B status. The additional amount is $4,000 for an H-1B petition and $4,500 for an L-1 petition. It is not a charge on every U.S. sponsor.

An amended petition that does not request an extension of the worker’s authorized status is exempt from this fee. The rule applies to filings through September 30, 2027. These amounts are separate from the ordinary petition fees.

Where to find the current filing instructions

The USCIS links below provide the form, edition notice and mailing destinations. The final rule explains the covered-employer test and fee exceptions. Check the instructions for the specific classification and request being filed.

Sources

This article provides general information and is not legal advice. Immigration outcomes depend on individual facts and current agency guidance.