US Citizenship and Immigration Services has issued a new Form I-129 as this time the H-1B cap lottery has become salary-based instead of random. USCIS asks for specific and detailed information about positions from employers who file this form when petitioning for H-1B workers. The new form asks employers to describe the minimum educational requirements for job positions, the exact area of study required, if any minimum experience is required and if the role includes supervisory responsibilities, etc. Starting April 1, 2026, USCIS will only accept the new Form I-129. From this time onwards, there will be four salary tiers for H-1B visa holders depending on the role. And the chances that H-1B applicants get in the lottery will also be determined by these levels. Level 4 applicants will get four chances while level 1 applicants will get only one chance.
- Level 1 is for entry level positions
- Level 2 is for roles that require some experience
- Level 3 is for experienced workers
- Level 4 is for supervisors who are highly experienced
What does the new Form I-129 ask for?
- Minimum education required for the role
- relevant field of study
- Is any experience required?
- What role is supervisory?
Merth Law Firm explained the reasoning behind the new Form-I29 and said in its blog post: If an employer is registered at a higher salary level based on offered salary, but the requirements of the position clearly support only a Level I classification on the LCA, USCIS will use this information to investigate that discrepancy. Boundless Immigration reported that employers must now be more consistent in all filings. First of all, they submit online registration. If selected, they must file a Labor Condition Application and I-129. They have to maintain uniformity regarding job level, salary level, work location in all these filings.