On February 27th, 2026, USCIS introduced a new Form I-129 Petition for a Nonimmigrant Worker. The new form is a meaningful update, particularly for companies participating in the 2026-27 H-1B visa lottery.
Starting April 1, 2026, USCIS will only accept the 02/27/26 edition. Any petitions filed on older versions (such as the 01/20/25 edition) after this date will be rejected.
With the introduction of the wage-weighted lottery, the new form is designed to ensure that the SOC codes and wage levels used during the registration phase match the final petition, preventing companies from inflating their beneficiaries’ chances in the lottery.
Key Updates to The Form I-129
The 02/27/26 I-129 edition requires significantly more granular data to justify the wage level selected, including:
- The wage level selected during registration. If the petition reflects a lower wage level than the one in the registration phase, expect a Request for Evidence (RFE) or an immediate denial.
- The minimum degree required.
- The specific major or specialty area.
- The total number of months or years of prior work required.
- Employers must now list the number of employees the beneficiary will supervise, as this is a primary factor in distinguishing between Wage Level II and Level IV roles.
- Petitioners must provide the Beneficiary Confirmation Number from the H-1B Registration Selection Notice.
In addition to these key updates, premium-processing fees rose on March 1st, 2026, from $2,805 to $2,965.
Ensuring Consistency Between H-1B Registration, LCA, & Petition
The new I-129 acts as a cross-reference tool. USCIS will now compare the wage level and SOC code claimed during the March registration period against the details provided in the final petition and Labor Condition Application (LCA).
If there is a mismatch or a downgrade in the wage level between the lottery and the final petition, it will likely trigger a Request for Evidence (RFE) or an outright denial.
Under the weighted selection system, higher wage levels significantly increase chances in the lottery. These new fields provide USCIS with the evidence needed to confirm that the job title and description used to secure a registration spot remain consistent with the actual compensation provided.
Changing SOC Codes After Winning the H-1B Lottery
If an employer needs to update the SOC code or worksite after a beneficiary is selected, they must prove the change is bona fide. If the new SOC code or location results in a lower prevailing wage than what was used for the purposes of gaining additional entries in the lottery, USCIS may view this as a fraudulent attempt to manipulate the selection process.