New Form I-129 Wage Level Questions for H-1B Employers Before April 1, 2026

USCIS has introduced new wage level questions on Form I-129, the petition form used for H-1B and other nonimmigrant workers. These changes require H-1B employers to provide additional wage level information when filing petitions, with the new requirements taking effect by April 1, 2026. The updated form requires employers to specify the prevailing wage level assigned to the H-1B position, which corresponds to the Department of Labor's wage tiers ranging from Level I through Level IV. This information is critical for demonstrating that the offered wage meets or exceeds the prevailing wage for the occupation and location. Employers and their legal counsel should review current Labor Condition Applications (LCAs) and pending or upcoming H-1B petitions to ensure wage level designations are accurate and well-documented. Misclassification of wage levels has been an area of increased USCIS scrutiny, particularly for positions classified at lower wage levels. While this update primarily affects H-1B petitions, it has indirect implications for employment-based green card applicants, including EB-3 workers, as prevailing wage compliance is also a key component of the PERM labor certification process. Employers sponsoring workers through EB-3 should ensure consistency between wage levels used in H-1B filings and those in ongoing or future PERM applications. Employers are advised to consult with immigration counsel before April 1, 2026 to review their filing practices and ensure compliance with the updated Form I-129 requirements.