Kamal Ghorui
The US Citizenship and Immigration Services (USCIS) is notifying visa applicants about the updated edition of Form I-129, dated 02/27/26. The update form includes significant changes to the H Classification Supplement that employers and practitioners should understand, particularly as they prepare for the fiscal year 2027 (FY27) H1B cap season under the new wage-weighted lottery system. It 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. Notably, 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). With the revised Form I-129, USCIS is now collecting this information directly o to verify that the correct wage level has been selected.
USCIS’ alert on Form I-129
Flashed as alert on its website, USCIS says:“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.”
What is Form I-129
As explained by USCIS, the Form I-129 is used by employers to file on behalf of a nonimmigrant worker to come 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. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.
What the change means for H-1B visa applicants
For H-1B visa filings, the new form now asks employers to mention the wage level they chose when they first registered for the H-1B cap. This means the Form I-129 will now show two wage levels:
- the wage level listed on the LCA, and
- the wage level selected during the
H-1B registration process .
By showing both, USCIS can compare them and check if there are any differences or inconsistencies.
