USCIS has been sending out the following alert to stakeholders which is currently not available to the public on its website:
USCIS has revised the Form I-129, which employers use to petition for temporary workers in a variety of nonimmigrant visa classifications. The revised version of the form will be published on the same day that the final fee rule becomes effective: November 23, 2010. Once the revised version of the Form I-129 is published, USCIS will accept previous editions of the form for 30 days or until December 21, 2010.
As you prepare your petitions, please keep the following dates in mind:
• November 23, 2010 - revised form available on www.uscis.gov
• December 21, 2010 - last day that USCIS can accept previous editions of the form (NOTE: This means that petitions must be postmarked or filed on or before this date for the previous edition to be accepted)
• December 22, 2010 - USCIS will only accept the revised form with the November 23, 2010 revision date and will reject requests using previous editions of the form (NOTE: This means that petitions postmarked or filed on or after this date require the revised version)
Important alert. The new form is intended to add Public Law 111-230 that requires additional $2,000 for H-1B or $2,250 for L-1 petitions for certain employers. The new form revises H-1B Data Collection Form I-129W and L Supplement of I-129 Form asking these questions to determine the correct filing fees. The new form will make H-1B and L-1 employers' lives easier in that all the employers will have to answer "yes" or "no" questions and do not have to bother how the H-1B or L-1 employers have to deal with this issue under the current form. However, the new form will also add in H Supplement form so-called "employer-employee relationship" attestations. The Neufeld Employer-Employee Memorandum was challenged and defeated in the federal district court, and it appears the USCIS intends to enforce the employer-employee relationship/control requirement as part of the H-1B petition. According to this reporter's review of the draft form, these two are the key changes which have driven and motivated the USCIS to implement the revised new form in urgency.