Kamal Ghorui
The US Citizenship and Immigration Services released a new Form I-129 as the H-1B cap lottery this time becomes wage-based instead of random. The USCIS has asked the employers who file this form as they petition for H-1B workers for specific and detailed information about the positions. The new form asks employers to describe the minimum educational requirements for the job positions, the exact field of study required, if any minimum experience is needed and if the role includes supervisory responsibilities etc. From April 1, 2026. USCIS will only accept the new Form I-129. This time onward, there will be four levels of wages for H-1B visa holders depending on the role. And the chances an H-1B applicant gets in the lottery will also be decided by these levels. A level 4 applicant will get four chances while a level one applicant will get only one chance.
- Level 1 is for entry-level positions
- Level 2 is for roles requiring some experience
- Level 3 is for experienced workers
- Level 4 is for supervisors who are highly experienced
What does the new Form I-129 ask?
- Minimum education required for the role
- Relevant field of study
- Whether any experience is required
- Whether the role is supervisory.
Murth Law Firm explained the logic behind the new Form-I29 and said in its 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 scrutinize that discrepancy. Boundless Immigration explained that employers must remain more consistent across filings now. First, they submit the online registration. If it’s selected, then they have to file the Labor Condition Application and I-129. They have to maintain consistency about the job level, wage level, work location in all these filings.
