H-1B visa changes from April 1: New form, wage lottery rules & more

Filing season opens with new Form I-129 and wage-linked lottery, tightening scrutiny on job roles, wages and employer disclosure

April 1 marks the start of the H-1B visa filing season. This year, however, the process comes with major procedural changes. After years of criticism around the randomness and misuse of the H-1B lottery, US authorities are tightening scrutiny and linking selection more closely to the nature of the job.

 

The changes, effective April 1, form part of a wider shift to align visas with wages, job requirements and employer accountability.

 

How H-1B petitions will be reviewed

 

“April 1 is more than just the start of H-1B filing season—it marks a fundamental shift in how petitions will be reviewed,” wrote Steven A. Brown, Partner at Reddy Neumann Brown PC, in a blog post.

   

“With the new Form I-129 now requiring detailed wage level disclosures, and a wage-weighted lottery system tying selection odds directly to those classifications, employers can no longer afford guesswork or inconsistencies. The wage level must reflect what the job demands, not who happens to be doing it.”

 

From that date, US Citizenship and Immigration Services (USCIS) will require all H-1B petitions to be filed using an updated Form I-129. Petitions submitted on older versions of the form will be rejected.

 

How the wage-weighted lottery alters filing strategy

 

Alongside the new form, USCIS is introducing a wage-weighted lottery system.

 

Under this system, an applicant’s chances of selection are linked to the Department of Labor (DOL) wage level assigned to the role.

 

Higher wage levels carry better odds, making accurate wage classification more important than in previous years.

 

Employers must now provide detailed wage-related information in the petition, including:

 

• Minimum education required for the role

• Relevant field of study

• Whether prior work experience is required

• Whether the role includes supervisory responsibilities

 

These details are drawn from the same criteria used by the Department of Labor to determine prevailing wage levels.

 

Importance of job requirements now

 

By requiring these disclosures on Form I-129, USCIS can compare information submitted at different stages, during registration, in the Labor Condition Application, and in the final petition.

 

According to Brown, the core rule remains unchanged. “The prevailing wage level is determined by the requirements of the position, not by the qualifications of the individual being hired,” he said.

 

This means a role requiring a bachelor’s degree and two years of experience must be classified at that level, even if the selected candidate has higher qualifications.

 

At the same time, inflating job requirements can lead to scrutiny. Roles that do not genuinely require senior-level responsibilities may be questioned if they are classified at the highest wage level to improve lottery chances.

 

Wage levels explained

 

The Department of Labor defines wage levels as follows:

 

Level 1: Entry-level positions

Level 2: Roles requiring some experience

Level 3: Experienced workers

Level 4: Highly experienced workers with supervisory responsibilities

 

What the new Form I-129 asks

 

The revised Form I-129 requires employers to provide detailed information about the job being offered. This includes education requirements, field of study, prior experience, and whether the role involves supervision.

 

What is Form I-129

 

According to USCIS, Form I-129 is used by employers to petition for a nonimmigrant worker to come to the United States temporarily to perform services or labour, or to receive training.

 

The form applies to multiple visa categories, including H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 and R-1.

 

It can also be used to request an extension of stay or a change of status for workers already in the United States under categories such as E-1, E-2, E-3, H-1B1 or TN.