USCIS releases updated Form I-129 for visa applications

Starting April 1, 2026, U.S. employers filing for nonimmigrant workers must use the updated Form I-129, dated 02/27/2026.

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This mandatory update is crucial for H-1B petitions, as USCIS now requires detailed documentation to align with a new wage-weighted selection system.

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Furthermore, the form now requires a reconciliation of wage levels between the Labor Condition Application (LCA) and the initial H-1B registration process.

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These changes reflect Department of Labor standards for prevailing wage levels (Level I to IV).

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By collecting this data directly, USCIS aims to verify that reported wage levels accurately match the duties of the role.

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As a reminder, Form I-129 is filed by employers, not employees, to authorize temporary work for foreign nationals across various visa classifications, including H-1B, L-1, and O-1.

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Comprehension Questions

What happens if an employer submits an old version of Form I-129 on or after April 1, 2026?

The employer will be charged a penalty fee but the form will be accepted.

The petition will be rejected outright.

The USCIS will automatically update the form for them.

Reveal Answer

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Correct Choice

The petition will be rejected outright.

Who is primarily responsible for filing Form I-129?

The Department of Labor.

The employer.

The foreign national beneficiary.

Reveal Answer

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Correct Choice

The employer.

Why did USCIS update the H-1B Data Collection section of the form?

To align with a wage-weighted selection system and verify job requirements.

To reduce the total number of H-1B visas issued annually.

To simplify the application process by removing education requirements.

Reveal Answer

✓

Correct Choice

To align with a wage-weighted selection system and verify job requirements.

What information must employers reconcile between the LCA and the H-1B registration?

The employee's country of citizenship.

The physical address of the company.

The wage level.

Reveal Answer

✓

Correct Choice

The wage level.

Why is it important to finalize job requirements before the lottery process?

Because the Department of Labor requires an annual audit of these records.

Because the USCIS charges higher fees for changes made later.

Because these classifications cannot be easily altered once the petition process begins.

Reveal Answer

✓

Correct Choice

Because these classifications cannot be easily altered once the petition process begins.

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