The US Citizenship and Immigration Services (USCIS)’s new rules related to Form I-129 will kick in from April 1, 2026. Under the change, the immigration authority will stop accepting H-1B and other visa applications if it is received in the 01/20/25 edition of Form I-129. For those unaware, the Form I-129 is used by employers to file on behalf of a nonimmigrant worker coming to the United States temporarily to perform services or labor, or to receive training, as an 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 or R-1 nonimmigrant worker.
What’s new in Form I-129
The latest edition of Form I-129 comes with significant changes to the H Classification Supplement for the fiscal year 2027 (FY27) H1B cap season under the new wage-weighted lottery system. The update form now asks employers to detail the minimum educational requirements for the position it is hiring for, along with other information like exact field of study, requirement of minimum experience and if the role includes supervisory responsibilities, among others. These are the same factors that the US Department of Labor uses to assign a wage level (Level I through Level IV) on the Labor Condition Application (LCA). The revised Form I-129 will now show two wage levels:
- wage level listed on the LCA
- wage level selected during the H-1B registration process
With the revised Form I-129, USCIS is now collecting this information directly o to verify that the correct wage level has been selected.
Here’s what USCIS’s alert on Form I-129 said
On Feb. 27, 2026, USCIS published a new edition of Form I-129 (edition date 02/27/26).Starting April 1, 2026, we will accept only the 02/27/26 edition. Until then, you can also use the 01/20/25 edition. The edition date is at the bottom of the page on the form and instructions. If you file Form I-129 please note that we will:
- Accept the 01/20/25 edition of Form I-129 if it is received on or before March 31, 2026; and
- Reject the 01/20/25 edition of Form I-129 if it is received on or after April 1, 2026.
Poll
What do you think is the most significant requirement in the revised Form I-129?
