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PerplexityThe Form I-129 changes 2026 delivered their hardest cutoff on Monday, November 9, 2026, when USCIS began accepting only the 09/09/26 version of the form. A 02/27/26 version that is mailed or electronically submitted on or after that date is rejected. Rejection does not equate to denial, but refiling would be necessary.
Re-filing may put the worker’s legal status at risk until you refile. While many stories spotlight the H-1B fee, there are three separate concerns: the mandatory form edition change, the fee, which applies to select companies, and a proposed rule that has not yet taken effect. The latter is often not discussed, yet it is the most crucial one when talking about extension cases, such as O-1s.
Read More: Your Guide to the O-1A Visa for Extraordinary Talent
I-129 New Edition November 9 2026: Who Is Affected
| Your situation | 09/09/26 edition | 9-11 fee | Deference proposal |
| H-1B, covered employer | Required | $4,000 | Would apply |
| H-1B, not covered | Required | None | Would apply |
| H-1B1 | Required | Exempt | Would apply |
| L-1, covered employer | Required | $4,500 | Would apply |
| L-1, not covered | Required | None | Would apply |
| O-1, O-2, P and other I-129 categories | Required | None | Would apply, including O-1 extensions |
| EB-1A (Form I-140) | Not an I-129 filing; unchanged | None | Outside the proposal as summarized |
I-129 09/09/26 Edition: What Employers Must Use
USCIS issued Form I-129 in the 09/09/26 version on September 9, 2026, while permitting employers to submit any one of those two versions for the brief interim period until November 8. Currently, the 09/09/26 version is the only version accepted for mail and internet-based submissions, and for each category indicated on the form (H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, E in the US, and TN).
| Edition | Status |
| 01/17/25 | Replaced for petitions postmarked on or after April 1, 2026 |
| 02/27/26 | Mandatory from April 1, 2026; accepted until November 8; rejected if postmarked or e-submitted on or after November 9, 2026 |
| 09/09/26 | Published September 9, 2026; the only accepted edition from November 9, 2026 |
I-129 Edition Date: Check Every Page
The edition date will be indicated at the bottom of each page by means of “Form I-129 Edition 09/09/26.” In case any single page is prepared with an outdated format, your application may be rejected even before its consideration. This is particularly dangerous when filing applications for expiration of extension, change of status, and cap-subject petitions with a fixed filing date. Download your form the very same day that you file.
I-129 02/27/26 Edition Rejected: “Before” vs. “On or Before”
The old edition must be postmarked or electronically submitted before November 9, so a 02/27/26 petition postmarked on November 9 itself is rejected. The filing-address grace period runs one day longer: paper petitions sent to a prior filing location are accepted if postmarked on or before November 9.
| Postmark or e-submission date | 02/27/26 edition | 09/09/26 edition |
| Before November 9, 2026 (for example, November 6) | Accepted | Accepted |
| November 9, 2026 or later (for example, November 10) | Rejected at intake | Accepted |
Postmark v receipt. The USCIS will take the postmark date or the date on which you file the petition electronically. But according to one advocacy group, petitions which are “received” after November 9 will also be included.
I-129 Filing Address 2026: What Changed Oct. 7
USCIS changed where paper Forms I-129 are filed on October 7, 2026, and the correct address depends on the reason for filing. Petitions sent to a prior filing location are accepted if postmarked on or before November 9, 2026.
After that date, use the address listed on the USCIS Direct Filing Addresses page for your classification. Both cutoffs fall on November 9, but the edition rule is “before” and the address grace period is “on or before.”
9-11 Biometric Fee H-1B L-1: Who Pays
The new edition follows a DHS final rule published August 10, 2026 and effective September 9, 2026. This new form includes the fee trigger provision in the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement. The amount of the fee remains the same except that it is now also applicable to extensions of stay petitions and even those involving the same employer.
Before September 9, 2026, covered employers generally paid the fee only on initial and change-of-employer petitions. The fee is scheduled to run through September 30, 2027, unless Congress extends it. H-1B1 petitions and amended petitions not extending the existing status are exempt from the additional fee according to summaries provided by law firms.
A covered employer has at least 50 U.S. employees, and more than half of them hold H-1B, L-1A or L-1B status. Both conditions must be met.
H-1B Extension Fee $4,000: Covered Employers Only
For a covered employer, the additional fee on an H-1B petition is $4,000, including same-employer extensions. The 9-11 additional fee applies in addition to the basic fee, the Asylum Program fee, and for H-1B, the training and fraud prevention fees under ACWIA. These basic fees are based on the USCIS fees schedule (Form G-1055).
The additional fee is not associated with the H-1B dependency tests performed for LCAs, and an affirmative response to one test will not be applied to the other. In order to get a sense of magnitude, the following number is indicative: 100 H-1B extensions for the same employer would cost $400,000.
The 9-11 Biometric Fee is separate from the $100,000 H-1B payment, which a September 2025 presidential proclamation created and which federal courts in Massachusetts (June 8, 2026) and the Northern District of California (September 30, 2026) have blocked, with appeals pending. A different DHS proposal would set a $103,265 fee for cap-subject H-1B petitions, but comments closed on September 24, 2026 and no final rule had been published as of early November.
L-1 Extension Fee $4,500: Covered Employers Only
For a covered employer, the additional fee on an L-1 petition is $4,500, including same-employer extensions. By the same indicative arithmetic, 100 L-1 extensions for the same employer would cost $450,000.
Revised H-1B Questions
The 02/27/26 edition, which took effect April 1, 2026, requires H-1B petitioners to fill out basic position information, such as minimum education requirements, field of study, experience and supervisory responsibility. The practitioners say that this information is used by USCIS to compare the job requirements with LCA wage levels. Ensure that the wording is the same throughout the entire process.
Deference to Prior Approvals: Proposal Only
The DHS made a proposal on October 14, 2026, to remove 8 CFR 214.1(c)(5). Currently, this rule states that an officer should give deference to the previously obtained approval provided that there has not been any material error or material change or new negative information. In case of implementation, the officers will be able to consider the previous approvals; however, they will not be required to defer to them. According to DHS, giving deference places the burden of proof on the officer and carries any mistakes made before.
The H-1B Modernization Final Rule took effect on January 17, 2025, and codified deference at 8 CFR 214.1(c)(5); the new proposal would reverse that codification.
This proposal will apply to all classifications of I-129. DHS estimates that the proposal would reach about 208,000 petitions a year (roughly 30% of I-129 filings) and generate about 6,000 additional RFEs a year. The present deference rule will remain valid until DHS makes the final decision concerning issuance, revision or withdrawal of the rule. Comments are to be submitted via regulations.gov by Friday, November 13, at Docket USCIS-2026-0529.
O-1 Extensions: Build Each Filing as a New One
Use the new version for O-1 petitions, but do not pay the 9/11 fee. The deference idea will also have an influence on O-1 extensions, as deference to prior decisions is common now. The petitioner can be a U.S. company, agent, or a U.S.-based entity related to the beneficiary’s professional activities. Consult the USCIS fee schedule for more information.
If DHS finalizes the proposal, officers can still look at your prior O-1 approval but won’t have to defer to it, so treat every extension as a new filing. Each extension would be weighed on its own record against the same evidentiary criteria. It is the petitioner, not the beneficiary, who files the I-129 petition. The beneficiary himself/herself should gather the information about his/her activities since the last approval and ask a lawyer for the petitioner which version and where to file.
See our O-1A petition requirements.
What Is Still Unsettled
- Trigger language (USCIS uses postmark/electronic filing), although an advocacy alert states “receipt.”
- Deferment suggestion. DHS can adopt, modify, or rescind it after the close of the comment period on 13th November.
- Fee past 30th September 2027. The present duration ends if not extended by Congress.
- $100,000 H-1B fee. Legal issues are pending; therefore, visit the USCIS H-1B web page.
Does This Affect EB-1A? No, I-140 Is Unchanged
EB-1A petitions are submitted on Form I-140, so that does not apply here. The O-1 extension is an I-129 petition. See the EB-1A eligibility criteria we offer.
Remove outdated templates, while ensuring that every page and supplement bears the date of 09/09/26. Verify the filing address. Prior to making a budget for an extension, count the number of employees in the United States and the proportion with H-1B, L-1A, and L-1B visas. Isolate all fee questions. Make sure that the duties, degree requirements, and salaries correspond in the registration, LCA, petition, and HR job description. Approach an extension as a brand-new petition. Consider whether you wish to submit a comment until November 13. Consistently verify USCIS.gov prior to each petition.
FAQs
USCIS accepts only the 09/09/26 edition, published September 9, 2026. It accepted the 02/27/26 edition only if postmarked or e-filed before November 9, 2026, and rejects it if postmarked or e-filed on or after that date. This is true for mail submission and online account submissions as well.
Yes. An O-1 petition is filed in Form I-129. Therefore, the 09/09/26 version should be used in such cases. The 9-11 fee does not apply, as it applies only to H-1B and L-1 petitions.
No. The EB-1A petitions are done using the I-140 form, which means this rule does not apply. Only I-129 petitions are affected.
Companies with 50 or more employees, in which more than 50% of employees are in H-1B, L-1A, and L-1B visa categories. Both of the above criteria should be fulfilled. The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions.
The old form will be rejected at intake, and even a postmark of November 9 is not on time because of the use of the word ‘before.’ A rejection is not a denial, but you will still have to refile, which might be costly if your authorization is expiring soon.
Companies and petitioners who are looking to file an O-1 extension or stand-alone record can consult with EB1A Experts about evidence strategy and narrative development.
Disclaimer: This article is general information, not legal advice. Rules and fees change, so confirm current requirements with USCIS and qualified counsel before filing.
November 11, 2026 
