USCISNational Law Review · 3 min read
2026 USCIS Update: New Form I-129 Rules & E-Payment Mandate Affecting EB-3 Petitions
USCIS mandated electronic payments in October 2025 and updated Form I-129 in April 2026, requiring employers to provide detailed job requirements. Both changes have increased the risk of administrative errors and petition rejections.
U.S. Citizenship and Immigration Services (USCIS) has introduced two significant procedural changes in the employment-based immigration space that employers and immigration practitioners must navigate carefully in 2026. These changes directly affect the submission of petitions for nonimmigrant and immigrant classifications, including EB-3 employment-based petitions.
First, USCIS mandated the exclusive use of electronic payments beginning October 2025 as part of broader government modernization efforts. However, the transition has not been seamless — immigration practitioners have reported a notable increase in administrative errors stemming from the new payment process, resulting in petition rejections and processing delays.
Second, as of April 2026, USCIS updated Form I-129 — the Petition for a Nonimmigrant Worker — to require significantly more detailed job information. Employers must now document minimum education requirements, specific fields of study, years of experience, required skills, and whether the position has supervisory responsibilities. This expanded level of detail raises the stakes for accuracy and consistency across all filing documents.
For EB-3 applicants and their sponsoring employers, these changes mean a higher bar for petition preparation. Incomplete or inconsistent filings risk outright rejection, adding months to an already lengthy immigration process. Engaging qualified immigration counsel during petition preparation is now more critical than ever to avoid preventable administrative errors.