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3 August 2026

Nonimmigrant Visa Processing Updates: The Only Constant Is Change

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U.S. Citizenship and Immigration Services has implemented significant changes to employment-based petition processes in 2025-2026, including mandatory electronic payments and updated Form I-129 requirements. These modifications have increased the risk of administrative errors, leading to petition rejections and delays for employers managing international workforces.
United States Employment and HR
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When managing an international workforce, it can be easy to overlook the details, like the current form version or the process through which to submit payment. However, it is now more important than ever as U.S. Citizenship and Immigration Services (USCIS) has demonstrated one thing in recent years with respect to the submission of petitions for immigrant and nonimmigrant classifications: the only constant is change.

Two changes in particular have resulted in an increased risk of administrative errors with respect to employment-based petitions in 2026: 1) the electronic payment mandate; and 2) updates to Form I-129.

Following modernization efforts across government entities involved in the immigration process, USCIS mandated the use of electronic payments in October 2025. The move has not come without hitches, however, as immigration practitioners have noticed an increase in administrative errors as a result of the new process, leading to rejections and delays.

As of April 2026, USCIS has also updated key forms used in the employment-based realm of U.S. immigration. In particular, the latest edition of Form I-129 requires employers to provide detailed job requirements, including minimum education, fields of study, years of experience required, skills required, and the supervisory nature of the role. Given the additional detail required, Barnes & Thornburg encourages employers to conduct a more careful review, engaging with immigration counsel to avoid the submission of an incomplete petition or inconsistencies amongst filings.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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