USCIS Forms Update - Form I-129, Petition for a Nonimmigrant Worker

USCIS recently updated the following form:

Form I-129, Petition for a Nonimmigrant Worker

01/20/2025 12:37 PM EST

Edition Date: 01/20/25. Starting July 30, 2025, USCIS will accept only the 01/20/25 edition. Until then, you can also use the 01/17/25 edition. You can find the edition date at the bottom of the page on the form and instructions.

For more information, please visit the Forms Updates page.

US Visa & Social Media: What you need to know about new screening policies and their impact

Question details

I believe there was a proposal to include social media handles as part of certain visa/immigration applications. Do you know what the consequences of that are?



If one has deleted social media accounts they don't have access to or accounts they don't remember the details for would that negatively impact the application? Also, is it just public posts that get reviewed or do private messages/dms get reviewed also?

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FAQ Transcript

As of June 24, 2025, the US Consulates have updated their policies for F (academic student), M (vocational student), and J (exchange visitor) visa applicants. The key requirements are:

Public Privacy Settings: All your social media accounts must have their privacy settings adjusted to "public" so that the consulate can review them.

Disclosure of Usernames: You are required to list all social media usernames or handles from every platform you have used for the last 5 years. This includes accounts, even if they have since been deleted.

Failing to comply with these requirements, including omitting social media information or keeping accounts private, could lead to visa denial. The new policy aims to facilitate vetting to establish identity and admissibility to the United States.

B-1/B-2 Visa for Laid-Off H-1B Holders: Current Policy and Best Practices

Question details

Is applying for a B-1/B-2 visa still an option for individuals who have been laid off while on an H-1B visa?

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FAQ Transcript

Yes, applying for a B-1/B-2 visa (visitor visa) is still an option for laid-off H-1B holders. While there have been policy changes and clarifications from the US government regarding this, individuals are currently receiving approvals for B-1/B-2 applications.

Key Points and Best Practices:

Archived Policy: The previous "premium processing" policy for B-1/B-2 and subsequent H-1B applications under the Trump administration has been archived by the current administration. This means that policy is no longer in effect, and a new official policy has not been explicitly stated.

Current Practice: Despite the archived content, immigration attorneys are reporting successful B-1/B-2 approvals for individuals who have been laid off.

Job Searching on B-1/B-2: Historically, looking for a job was considered an impermissible activity on a B-1/B-2 visa. However, current practice and some recent USCIS guidance suggest that attending interviews and discussing potential roles is permitted.

Contradictory Stance: There have been instances where Request For Evidence (RFEs) were issued for B-1/B-2 to H-1B conversions, stating that job searching is not allowed on a B-1/B-2. However, upon "fighting back," the government has sometimes flip-flopped, asking for proof of job search efforts. This highlights the evolving and sometimes inconsistent nature of the policy.

Honesty and Documentation are Crucial:

Always tell the truth: When applying for a B-1/B-2, clearly state that you were unexpectedly laid off and are looking for a new job.

Prove financial stability: Demonstrate that you have sufficient funds to support yourself during your stay without needing to work.

Document your job search: Maintain detailed records of your job search efforts, including:

Resumes sent out

Companies contacted

Dates of contact

Interview details and outcomes

This documentation can be vital if an RFE is issued.

Conversion to H-1B: If you secure a new H-1B job offer while on B-1/B-2, your new employer will need to file an H-1B petition on your behalf. You cannot begin working until your H-1B status is approved. In some cases, USCIS may process a pending B-1/B-2 and a new H-1B petition concurrently, especially if the H-1 B is premium processed.

Stay Informed: Immigration policies can change. I will post further updates on my LinkedIn, so keep an eye out there.

Also see Rajiv Khanna's Author Page in THE ECONOMIC TIMES

In summary, while the official stance on B-1/B-2 for laid-off H-1B holders has been ambiguous, the practical experience suggests it remains a viable option. The key is to be truthful in your application, demonstrate financial self-sufficiency, and meticulously document all job search activities.

SCOTUS Ruling on Nationwide Injunctions: What Anxious Parents Need to Know About Birthright Citizenship

SCOTUS Ruling on Nationwide Injunctions: What Anxious Parents Need to Know About Birthright Citizenship

To put matters in context, today's 6-3 Supreme Court decision is NOT about whether your US-born children are citizens. Let me be clear about what actually happened.

The Court ruled on a procedural question: whether federal judges can issue nationwide injunctions that block government policies across all 50 states. They said no; such orders should be limited to protecting only the specific parties who sued.

Recording for June 12, 2025, Conference Call with Rajiv S. Khanna

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FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?