USCIS Introduces a New Edition of Form I-129, Petition for Nonimmigrant Worker

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.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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