The United States Citizenship and Immigration Services has introduced a revised version of Form I-129 as part of major changes to the H-1B visa program. The update comes as the H-1B lottery system moves away from a completely random selection process to a model that prioritises applicants based on wage levels. Under the new system, employers who file petitions for foreign professionals must now provide more detailed information about the job position they are offering.
The updated form requires companies to clearly state the minimum education needed for the role, the field of study required, whether previous work experience is necessary, and whether the position includes supervisory responsibilities. These additional details are intended to help authorities better evaluate job requirements and ensure that the information provided during the application process is accurate and consistent. Beginning April 1, 2026, USCIS will only accept the updated Form I-129 for all H-1B filings.
H-1B visa program Lottery Shifts to Wage-Level System Using Form I-129
Under the revised selection process, applicants will be grouped into four wage levels, and their chances in the lottery will depend on the level of the job offered. Level 1 represents entry-level positions, while Level 2 applies to roles requiring some experience. Level 3 is designed for experienced professionals, and Level 4 is reserved for highly experienced workers who may also have supervisory duties. Each wage level corresponds to the number of chances an applicant receives in the lottery. For example, Level 4 applicants receive four chances during the selection process, whereas Level 1 applicants receive only one opportunity.
Form I-129 itself is widely used by employers to request permission for foreign nationals to work temporarily in the United States. It applies to several visa categories beyond H-1B, including H-2A, H-2B, H-3, L-1, O-1, P-1, Q-1 and R-1. Employers can also use the form to extend a worker’s stay or request a change of immigration status for individuals already in the country under certain visa classifications. For H-1B petitions specifically, the updated form now asks employers to report the wage level they selected during the initial H-1B registration. This means the petition will display both the wage level from the Labour Condition Application and the level chosen during registration, allowing immigration authorities to identify inconsistencies and ensure accurate filings across the application process.
Summary:
The United States Citizenship and Immigration Services has updated Form I-129 for the H-1B visa program, shifting the lottery to a wage-based system. Applicants are grouped into four wage levels with varying selection chances. Employers must provide detailed job information to ensure transparency and consistency in filings from April 1, 2026.
