NEW FORM TO BE USED STARTING 12/22/2010 - Petitions postmarked or filed on or after this date require the revised version.
Please note the requirement for a petitioner to submit a duplicate copy in ALL instances. Previously, a duplicate copy was required only for those cases seeking consular processing (as opposed to a change or extension of status). In addition to added cost, it is possible that immigration authorities may seek to use the duplicate copy for enforcement related activities. If this is the case, we look forward to information about such activities, in the interest of transparency.
Further, we also draw your attention to Part 3, Section F, "Amended Petition". Based on well established guidance, historically this box would only be marked in the event of a "material change in the terms or conditions of employment". However, USCIS provides two examples, a change to job duties or "geographic location of the position". Notably, in the context of an H-1B petition, when a petition is approved for a single location based on an approved LCA, an amended petition is not required for merely a change geographic location, where the LCA continues to remain valid. This guidance is confirmed in a letter from Efren Hernandez and in the Adjudicator's Field Manual (AFM). The USCIS examples, combined with recent trends in H-1B employer investigations conducted by FDNS officers seem to represent a policy shift. Specifically, H-1B employers are now being expected to file H-1B amendments for mere changes in geographic locations, as opposed to just filing new LCAs.
Finally, the Beneficiary will now be asked to sign the H-1B Data Collection Supplement form. Notably, H-1B petitions previously had not required the Beneficiary's signature. This is positive development considering it can only help the Beneficiary understand what is being filed on their behalf.
Revised Form I-129
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