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USCIS Rejects Old Form I-129 for H-1B From April 2026

USCIS will reject old Form I-129 editions from April 1, 2026. Updated form adds wage level details critical for FY27 H-1B cap season filings.

USCIS has issued an alert requiring all employers to use the updated Form I-129 edition dated February 27, 2026, for H-1B and other nonimmigrant worker petitions starting April 1, 2026. The agency will reject any applications using the previous form version after this deadline.

New USCIS Form I-129 Requirements for H-1B Applications

The updated Form I-129 includes significant changes to the H Classification Supplement that directly impact Indian employers and workers preparing for the fiscal year 2027 H-1B cap season under the new wage-weighted lottery system.

DetailInformation
New Form Date02/27/26 edition
Effective DateApril 1, 2026
Grace PeriodUntil March 31, 2026
Rejected Forms01/20/25 edition after April 1

The revised form now requires employers to provide detailed information about position requirements, including minimum educational qualifications, exact field of study, minimum experience requirements, and whether the role includes supervisory responsibilities. These details align with the same factors the US Department of Labor uses to assign wage levels on the Labor Condition Application.

The updated H Classification Supplement also requires employers to specify the wage level selected during H-1B cap registration, in addition to the wage level on the Labor Condition Application. This means USCIS can now cross-check two separate wage level entries on the same form.

Wage-Weighted Lottery System for FY27

Starting with the FY27 H-1B cap season, USCIS replaced the random lottery with a wage-weighted selection system. Under this system, registrations offering higher wage levels (Level 3 and 4) receive priority selection over lower-wage petitions (Level 1 and 2). This change directly impacts Indian IT consulting firms that historically filed many Level 1 positions.

The new Form I-129 captures the wage level from both the registration and the LCA, allowing USCIS to verify that employers did not misrepresent their wage level during cap registration to gain an advantage in the selection process.

Impact on Indian H-1B Petitions

Indian employers and workers planning H-1B applications must ensure they use the correct form version to avoid rejections. Indian IT companies and consulting firms that regularly file H-1B petitions should update their filing processes before the April 1 deadline.

USCIS is collecting the additional wage level information to verify accuracy, which may affect application processing times and approval rates for petitions where wage levels between registration and LCA do not match.

For comprehensive guidance on H-1B applications and requirements, Indian employers can refer to our detailed US Visa Guide. Use our Document Checklist to ensure all required forms and supporting documents are properly prepared before submission.

The transition period allows flexibility for applications already in preparation, but all new filings after March 31, 2026, must use the updated form to avoid automatic rejection by USCIS.

FAQ

Q: Which Form I-129 edition will USCIS accept after April 1? A: USCIS will only accept the 02/27/26 edition of Form I-129 starting April 1, 2026. The older 01/20/25 edition will be rejected if received on or after this date.

Q: What new information does the updated Form I-129 require? A: The new form asks employers to detail minimum educational requirements, exact field of study, minimum experience requirements, and supervisory responsibilities for the position.

Q: How does this affect H-1B applications for FY27? A: The new form includes changes to the H Classification Supplement that are particularly relevant for the FY27 H-1B cap season under the wage-weighted lottery system.

Q: Can I still use the old form before April 1? A: Yes, USCIS will accept both the 01/20/25 edition and the new 02/27/26 edition if received on or before March 31, 2026.

Source: US Citizenship and Immigration Services (USCIS)

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