New H-1B Form I-129 Takes Effect April 1, 2026 with Wage-Based Lottery Weighting

On February 27, 2026, USCIS published a new edition of Form I-129 that will be required exclusively starting April 1, 2026. The updated form introduces additional fields in the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement, collecting information on education requirements, fields of study, years of experience, special skills, and supervisory responsibilities for the position. The new form fields directly implement the December 2025 DHS final rule establishing a wage-weighted H-1B lottery selection system. Under this system, petitions assigned wage level IV are entered into the selection pool four times, level III three times, level II twice, and level I once. The FY 2027 H-1B cap registration period ran from March 4 to March 19, 2026. Employers face strategic and legal considerations when selecting wage levels. While higher wage levels improve selection odds, USCIS is expected to scrutinize mismatches between job duties and assigned wage levels. An entry-level position assigned a level IV wage may draw challenges unless the employer can justify it based on the worker's unique qualifications, advanced degree, or specialized skills. For EB-3 applicants and employers, there is an important downstream consideration: wage level designations in H-1B petitions may also influence PERM labor certification processes. Employers should carefully evaluate wage level decisions in light of long-pending permanent residence cases, particularly for Indian and Chinese nationals facing extended backlogs. No USCIS guidance has been issued clarifying whether the Labor Condition Application and H-1B petition must match the wage level indicated at registration. Practitioners advise treating consistency as best practice until further guidance is released.