USCIS Releases New Form I-129 Edition for FY 2027 H-1B Cap Season

U.S. Citizenship and Immigration Services (USCIS) released a new edition of Form I-129, Petition for Nonimmigrant Worker, dated February 27, 2026. This updated form must be used for any petition postmarked on or after April 1, 2026 — the first day FY 2027 H-1B cap-subject cases can be filed. USCIS will reject petitions using the prior January 20, 2025 edition after that date. A major change for FY 2027 is the introduction of a wage-weighted H-1B lottery selection process. Under a new final rule effective February 27, 2026, lottery entries are now weighted by Occupational Employment and Wage Statistics (OEWS) wage levels: Level IV positions receive 4 entries, Level III receives 3, Level II receives 2, and Level I receives 1. This system favors higher-paying positions in the selection process. The new Form I-129 also requires petitioners to provide more detailed job requirement information, including minimum education level, specific fields of study, required years of experience, special skills, and supervisory responsibilities if applicable. For H-1B cap-subject filers, it is critical to ensure alignment between the wage level used on the Labor Condition Application (LCA) and the job requirements listed on Form I-129. Inconsistencies could trigger Requests for Evidence (RFEs) or outright denials. While this update primarily affects H-1B nonimmigrant workers rather than EB-3 immigrant visa applicants directly, employers who sponsor both H-1B and EB-3 workers should be aware of the updated form requirements and transition deadlines to avoid processing delays.