US Updates H-1B Visa Rules with New Form I-129

MySandesh
3 Min Read

The United States Citizenship and Immigration Services (USCIS) has introduced a revised version of Form I-129, bringing major changes to the H-1B visa program.

Earlier, the H-1B lottery was completely random.

Now, the selection system will focus more on wage levels offered to applicants.

The change aims to give preference to higher-paid and more experienced professionals.

Starting April 1, 2026, employers must use the updated Form I-129 when filing H-1B visa petitions.

Older versions of the form will no longer be accepted.

Employers Must Provide More Job Details

Under the new rules, companies will have to share more detailed information about the job role they are offering to foreign workers.

The updated form asks employers to mention:

Minimum education qualification required

Field of study needed for the role

Whether prior work experience is required

Whether the position includes supervisory responsibilities

These additional details will help immigration authorities better evaluate job requirements and ensure that the information submitted is accurate and consistent.

New Wage-Level Based Lottery System

The biggest change in the H-1B program is the shift from random selection to a wage-based system.

Applicants will now be grouped into four wage levels depending on the salary and experience required for the role.

Level 1: Entry-level jobs

Level 2: Roles requiring some experience

Level 3: Experienced professionals

Level 4: Highly experienced roles, often with supervisory duties

The higher the wage level, the better the chances in the lottery.

For example, Level 4 applicants will get four chances, while Level 1 applicants will receive only one chance during the selection process.

What Form I-129 Is Used For

Form I-129 is a widely used immigration form that allows employers to request permission for foreign nationals to work temporarily in the United States.

It is not limited to the H-1B visa and is also used for several other visa categories such as H-2A, H-2B, L-1, O-1, P-1, Q-1, and R-1.

can also use this form to extend a worker’s stay or change immigration status.

With the updated version, employers must now report the wage level chosen during the H-1B registration, along with the wage level listed in the Labour Condition Application.

This will help authorities spot inconsistencies and maintain transparency in the visa application process.

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