USCIS has issued a new I-129 form where this time the H-1B lottery is wage-based rather than random. USCIS requires employers who submit this form while petitioning H-1B workers to obtain specific and detailed information about jobs.
The new form asks employers to describe the minimum educational requirements for job positions, the exact field of study required, whether minimum experience is needed, whether the role includes supervisory responsibilities, and so on. Effective April 1, 2026. USCIS will only accept the new Form I-129. This time onwards, there will be four pay levels for H-1B visa holders depending on the role. An H-1B applicant’s chances of landing in the lottery will also be determined at these levels.
The fourth level applicant will get four opportunities while the first level applicant will only get one opportunity.
- Level 1 is for entry-level positions
- Level 2 is for roles that require some experience
- Level 3 is for experienced workers
- The fourth level is intended for highly experienced supervisors
What does the new I-129 ask for?
- Minimum education required for this role
- Relevant field of study
- Whether any experience is needed
- Whether the role is supervisory.
The Murth Law Firm explained the logic behind the new I29 form and said in its blog post: If an employer registers at a higher pay level based on the salary offered but the job requirements clearly support only a Tier I classification in the LCA, USCIS will use this information to examine the discrepancy. Migration Without Borders explained that employers must remain more consistent across files now. First, they offer online registration. If selected, they must submit a Work Status Application and Form I-129. They must maintain consistency regarding job level, pay level, and work location in all such filings.
