H-1B visa now wage-based: US revises Form I-129, applicable from April

What does the revised USCIS Form I-129 require as the H-1B lottery shifts to wage levels and new scrutiny of job details? Explained

The United States Citizenship and Immigration Services (USCIS) has released a new version of Form I-129 as the H-1B visa lottery shifts from a random system to one based on wage levels.

 

Employers filing petitions for foreign workers will now need to provide more detailed information about the job being offered. The revised form asks companies to spell out the minimum education required for the role, the field of study, whether prior experience is needed and whether the job includes supervisory duties.

 

From April 1, 2026, USCIS will only accept the updated Form I-129 for H-1B filings.

 

Under the revised system, H-1B applicants will be grouped into four wage levels, and the number of chances they receive in the lottery will depend on the level of the job offered.

   

A Level 4 applicant will receive four chances in the selection process, while a Level 1 applicant will receive only one.

 

The wage levels are defined as follows:

 

Level 1 is for entry-level positions

Level 2 is for roles that require some experience

Level 3 is for experienced workers

Level 4 is for highly experienced workers with supervisory responsibilities

 

What the new Form I-129 asks

 

The revised petition form requires employers to provide detailed information about the position they are offering. This includes:

 

• Minimum education required for the role

• Relevant field of study

• Whether prior work experience is required

• Whether the role involves supervisory responsibilities

 

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 covers a wide range of visa classifications, 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.

 

Employers can also use the form 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.

 

What the change means for H-1B applicants

 

For H-1B filings, the updated form now asks employers to report the wage level they selected when they first registered for the H-1B cap.

 

This means the petition will now display two wage levels:

 

• The wage level listed on the Labor Condition Application (LCA)

• The wage level selected during the H-1B registration process

 

By presenting both figures, USCIS can compare them and check whether there are inconsistencies.

 

The Murthy Law Firm explained the reasoning behind the new form in a blog post.

 

“If an employer registered at a higher wage level based on the salary offered but the position requirements clearly support only a Level I classification on the LCA, the USCIS will use this information to scrutinise that discrepancy,” the firm said.

 

Boundless Immigration also said employers will now need to maintain consistency across multiple filings.

 

First, they submit the online registration. If the registration is selected, the employer must then file the Labor Condition Application and the Form I-129 petition.

 

Companies will need to ensure that details such as the job level, wage level and work location remain consistent across these filings.