New I-129 Form Now Mandatory, $4,000 H-1B Extension Fee and a PERM Freeze: What Indian Workers Need to Know (November 2026)

What changed for Indian H-1B and L-1 workers in November 2026: the mandatory 09/09/26 edition of USCIS Form I-129 from 9 November, the 9-11 Response and Biometric Entry-Exit Fee now charged on extension petitions by covered employers, and the US Labor Department’s suspension of PERM labour certification for eight companies including TCS, Infosys, Wipro and HCLTech.

Krosz Visa Desk · Updated 2026-11-10 · 8 min read

Two US changes landed this week for Indians on work visas and their employers. Since 9 November 2026, USCIS has accepted only the new 09/09/26 edition of Form I-129, the petition used for H-1B, L-1 and other work visas. Larger H-1B and L-1 employers now also owe a $4,000 or $4,500 fee on every extension. Meanwhile, the US Labor Department’s freeze on PERM green card filings for eight companies, including TCS, Infosys, Wipro and HCLTech, has no end date in sight.

*Information checked on 10 November 2026.*

The quick take

New I-129 only: from 9 November 2026, petitions on the old 02/27/26 edition are rejected. Every page must show 09/09/26.
Rejected means restart: a returned petition gets no receipt date, so it has to be filed again with fresh fees.
Extension fee: covered employers pay $4,000 per H-1B and $4,500 per L-1 extension petition, even when the worker stays with the same employer.
Who is covered: employers with 50 or more US staff, more than half of them on H-1B or L-1.
PERM freeze: since 8 October 2026, no new or pending PERM cases are processed for Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCLTech and Capgemini.
Your H-1B is not cancelled. The freeze hits the green card step, not your current status.

Timeline: DHS published the 9-11 fee rule for H-1B and L-1 extensions on 10 August 2026; it took effect with the new 09/09/26 Form I-129 edition on 9 September; Cognizant’s new PERM filings were halted in early September; the Labor Department suspended PERM for eight firms on 8 October; from 9 November 2026 USCIS accepts only the 09/09/26 I-129 edition; the fee applies to petitions filed up to 30 September 2027 — Sources: USCIS I-129 alert as reported by Wocult (9 Nov 2026) and Immigration Analytics (8 Nov 2026); Ellis and Channel Dive (8 Oct 2026); Business Standard (7 Nov 2026).

At a glance

Change	Who it affects	Key date	What to do
New Form I-129 edition (09/09/26) mandatory	Anyone whose employer files an H-1B, L-1, O, P, TN or E petition	From 9 Nov 2026	Make sure your petition is on the new edition before it is sent
9-11 fee on H-1B and L-1 extensions	Workers at covered employers (50+ US staff, over half on H-1B or L-1)	Rule effective 9 Sep 2026; applies to filings through 30 Sep 2027	Ask HR whether the fee applies and who pays it
PERM suspension for eight firms	Green card applicants sponsored by Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCLTech or Capgemini	Since 8 Oct 2026; no end date	Check your I-140 stage and speak to an immigration lawyer

USCIS now accepts only the new Form I-129

What changed: USCIS released a new edition of Form I-129, the Petition for a Nonimmigrant Worker, dated 09/09/26. Both the new edition and the earlier 02/27/26 version were accepted until 8 November 2026. From 9 November 2026, only the 09/09/26 edition is accepted, and old-edition petitions are rejected. The edition date sits at the bottom of every page, and all pages must match.

A rejected petition is returned without a receipt date, which means it keeps no place in the queue. Your employer has to refile on the right form with fresh fees. For workers close to the end of their status, that delay can matter. Published summaries differ on one detail: some say the cut-off follows the postmark or electronic submission date, others say the date USCIS receives the petition. The safe reading is that anything not yet sent must use the new edition.

Flowchart: a Form I-129 petition without the 09/09/26 edition on every page is rejected and returned from 9 November 2026; H-1B or L-1 extension petitions from employers with 50 or more US staff, more than half on H-1B or L-1, also owe the 9-11 fee of $4,000 per H-1B or $4,500 per L-1 — Based on the USCIS I-129 alert and DHS rule as reported by Wocult, Immigration Analytics and Barba Inegol (Oct to Nov 2026).

The new extension fee for larger employers

The new edition follows a DHS final rule on the 9-11 Response and Biometric Entry-Exit Fee, published on 10 August 2026 and effective 9 September 2026. The fee was already charged on some first-time petitions. It now also applies to every H-1B and L-1 extension petition filed by a covered employer, even when the worker is staying in the same job.

Amount: $4,000 per H-1B petition and $4,500 per L-1 petition.
Covered employer: 50 or more employees in the US, with more than 50% of them in H-1B, L-1A or L-1B status. Full-time and part-time staff both count, per published summaries.
How long: for petitions filed through 30 September 2027, unless Congress extends it.
On top of normal fees: published fee summaries list the base H-1B filing fee at $780 on paper or $730 online ($460 for small employers and non-profits), plus an Asylum Program Fee of $600 for most employers ($300 for small employers, $0 for non-profits).

What Indian H-1B and L-1 workers should do

Extension due soon? Ask your employer’s immigration team to confirm the petition is on the 09/09/26 edition and when it was filed.
Got a rejection notice? It is about the form, not your eligibility. Push for a quick refile, especially if your I-94 end date is close.
Working for a large Indian IT services firm or a US tech major? Expect the 9-11 fee to apply to your extension. It is an employer petition fee, so ask HR how it is being handled.
Planning travel to India? Check that your visa stamp, latest I-797 approval and passport cover your return date before you book.

PERM green card freeze for TCS, Infosys, Wipro and five others

What changed: on 8 October 2026, the US Department of Labor suspended eight companies from the PERM programme, the labour certification step that most employer-sponsored green cards start with. Labor Secretary Keith Sonderling said the department would not accept new or process pending PERM applications involving Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCLTech and Capgemini, citing multiple active federal investigations. Cognizant’s new filings had already been halted in early September. No end date has been announced.

A Business Standard analysis on 7 November 2026 estimated that around 5,000 to 6,000 Indian technology professionals and their families depend on employer-sponsored green cards at these firms. Its figures also show how sharply some of the companies had already pulled back from PERM before the freeze.

Chart: TCS PERM labour certification filings fell from 1,804 in FY24 to 513 in FY25 and 2 in FY26; Wipro filed 257 in FY24 and 523 in FY25 — Source: Perm Tracker data cited by Business Standard (7 Nov 2026).

TCS has said it does not expect the suspension to change its workforce plans, noting its PERM applications were in single digits over the last two years. Industry voices quoted in the same report expect a gradual shift of more technology work to offshore and nearshore centres, including India.

Does it affect your H-1B?

Not directly. The suspension does not cancel H-1B visas or current work authorisation, and reports say affected workers can keep working. The impact is on the green card timeline. Many H-1B workers rely on a PERM case to extend beyond the six-year limit, so a long freeze can still create pressure. Reports note that an I-140 approved for at least 180 days usually keeps its priority date even if the employer later withdraws it.

Flowchart: workers sponsored by Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCLTech or Capgemini whose I-140 is not yet approved have their PERM case on hold; their current H-1B is not suspended, and options include speaking to a lawyer, changing employer, or self-filed EB-2 NIW or EB-1A petitions — Based on Ellis and Channel Dive (8 Oct 2026) and Business Standard (7 Nov 2026). Not legal advice.

What affected Indian workers should do

Find out exactly where your case stands: not filed, PERM pending, PERM certified or I-140 approved.
Speak to an immigration lawyer about PERM recruitment deadlines, your priority date and your six-year H-1B count.
Look at routes that skip PERM: a new sponsoring employer outside the list, or self-filed categories such as EB-2 NIW or EB-1A if your profile fits.
Keep your current H-1B in good order. Extensions and travel still work as before, subject to the new I-129 rules above.

What to do now

Check your next filing: any I-129 not yet sent must be on the 09/09/26 edition.
Ask HR two questions: is our company a covered employer for the 9-11 fee, and when is my extension being filed?
If your sponsor is on the PERM list, confirm your I-140 status and get legal advice before changing jobs or travelling.
Confirm on official sites. Rely on uscis.gov and the Department of Labor, not forwarded messages.

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Sources

*This article reflects information published up to 10 November 2026 and is general information, not legal or immigration advice. Always confirm requirements with USCIS, the US Department of Labor or a qualified immigration lawyer before you act.*

Frequently asked questions

Which edition of Form I-129 does USCIS accept now?

From 9 November 2026, USCIS accepts only the edition dated 09/09/26, printed at the bottom of every page. The previous 02/27/26 edition is rejected. All pages of one petition must come from the same edition.

What happens if my employer filed on the old I-129?

Reports on the USCIS alert say a petition on the old edition is returned without a receipt date, so it does not hold a filing date and has to be sent again on the new form with fresh fees. Sources differ on whether the cut-off is judged by postmark or by the date USCIS receives the petition, so any petition not yet sent should use the 09/09/26 edition.

Do I have to pay the $4,000 H-1B extension fee?

The fee is charged on the employer’s petition, not on your visa stamping. It applies to H-1B ($4,000) and L-1 ($4,500) extension petitions filed by covered employers: those with 50 or more US employees where more than half are in H-1B or L-1 status. Most smaller employers are not covered. Ask your employer’s immigration team whether it applies to your case.

Is my H-1B cancelled if my employer is under the PERM suspension?

No. The Labor Department’s 8 October 2026 action covers the PERM labour certification step of the green card process, not H-1B status. Reports say existing H-1B workers can keep working. The risk is a longer wait for a green card, and harder extensions beyond the six-year H-1B limit if no PERM case can move.

Which companies are covered by the PERM suspension?

Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCLTech and Capgemini. The Labor Department said it will not accept new or process pending PERM applications involving these companies, citing active federal investigations. No end date has been announced.

Can I still visit India and return to the US on my H-1B?

These changes do not by themselves stop travel on a valid H-1B visa and approved petition. Check that your visa stamp, I-797 approval and passport are valid for your return date, and speak to your employer’s immigration team before travelling if an extension is pending.

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