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U.S. Citizenship and Immigration Services (USCIS) published a new edition of Form I-129, Petition for Nonimmigrant Worker, on February 27, 2026, in connection with the wage-weighted H-1B lottery process taking effect this year. Petitioners must use the new form for any petition postmarked on or after April 1, 2026, which coincides with the first day that fiscal year (FY) 2027 H-1B cap-subject cases can be filed.
Quick Hits
- The new Form I-129 edition dated February 27, 2026, replaces the January 20, 2025, edition, which USCIS will not accept for petitions postmarked on or after April 1, 2026.
- The updated form requires detailed position requirements.
FY 2027 H-1B Cap Season
The H-1B registration period for FY 2027 opened at noon eastern time on March 4, 2026, and closes at noon eastern time on March 19, 2026. A significant change for FY 2027 is the introduction of a weighted selection process based on wage levels. Effective February 27, 2026, under a new final rule, registrations will receive weighted entries in the lottery according to the Occupational Employment and Wage Statistics (OEWS) wage level:
| Wage Level | Number of Lottery Entries |
| Level IV | 4 entries |
| Level III | 3 entries |
| Level II | 2 entries |
| Level I | 1 entry |
The weighted selection process increases the likelihood of selection for positions offering higher salaries.
The new edition of Form I-129 requires petitioners to provide detailed job requirements. Specifically, petitioners must provide the following in the form:
- Minimum education needed (bachelor’s, master’s, etc.)
- Specific field(s) of study
- Required years of work experience
- Special skills required for the role
- If the role is supervisory, how many people will the employee supervise and their titles.
For cap-subject H-1B filings, petitioners must carefully assess the wage level used for the LCA and the job requirements listed on Form I-129 to ensure accuracy. Any inconsistencies may result in a Request for Evidence (RFEs) or denial.
Key Takeaways
Starting April 1, 2026, petitioners must use the new edition of Form I-129; USCIS will reject applications made on the previous edition of the form that are postmarked on or after that date.
H-1B cap-subject filers will need to verify wage level alignment based on the job requirements for the LCA and Form I-129 to avoid RFEs or denials.
