USCISJDSupra Immigration · 3 min read
USCIS Releases New Form I-129 Edition with Wage-Weighted H-1B Lottery Changes
USCIS published a new Form I-129 edition on February 27, 2026, required for all petitions postmarked on or after April 1, 2026. The update coincides with the FY 2027 H-1B cap season and a new wage-weighted lottery selection process.
U.S. Citizenship and Immigration Services (USCIS) released a new edition of Form I-129, Petition for Nonimmigrant Worker, dated February 27, 2026. The updated form must be used for all petitions postmarked on or after April 1, 2026, which marks the opening of FY 2027 H-1B cap-subject filings. USCIS will no longer accept the previous January 20, 2025 edition after that date.
The most significant change accompanying this new form is the introduction of a wage-weighted H-1B lottery selection process under a final rule effective February 27, 2026. Registrations now receive weighted lottery entries based on 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 increases selection probability for higher-paying positions.
The updated Form I-129 also requires petitioners to provide more detailed job requirement information, including minimum education level and specific fields of study, required years of work experience, special skills needed for the role, and supervisory responsibilities if applicable.
For EB-3 and employment-based immigrant petitioners, this development is relevant context as it reflects broader USCIS efforts to align wage levels with petition documentation. The emphasis on LCA wage level consistency with Form I-129 job requirements signals increased scrutiny on employment-based filings generally, and petitioners should ensure full alignment to avoid Requests for Evidence (RFEs) or denials.
The FY 2027 H-1B registration window is open from March 4, 2026 at noon ET through March 19, 2026 at noon ET. Employers and legal representatives should begin transitioning to the new form version immediately to ensure compliance by the April 1, 2026 deadline.