New Form I-129 for H-1B cap registration explained: What changes as USCIS seeks clear details from employers

US Citizenship and Immigration Services released a new Form I-129 as the H-1B cap lottery becomes wage-based instead of random.

“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 Times of India

It will only accept the new Form I-129 from April 1, 2026.

The Times of India

USCIS has asked employers who file the form as they petition for H-1B workers to provide specific and detailed information about the positions they are seeking to fill.

USCIS will assign H-1B applicants to one of four wage levels.

Lottery chances will be decided by those levels, with a Level 4 applicant getting four chances and a Level 1 applicant getting one chance.

The Times of India

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.

The new Form I-129 asks employers to state the minimum education required for the role, the relevant field of study, whether any experience is required, and whether the role is supervisory.

“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 Times of India

Murth Law Firm said in its blog post that 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, USCIS will use this information to scrutinize that discrepancy.

Boundless Immigration explained that employers must remain more consistent across filings: they first submit the online registration; if it is selected, they then file the Labor Condition Application and I-129, and they must maintain consistency about the job level, wage level and work location in all these filings.