The US Citizenship and Immigration Services (USCIS) has announced that new rules for Form I-129 will take effect from April 1, 2026. Under the update, the immigration authority will stop accepting applications submitted using the 01/20/25 edition of the form if they are received on or after that date.
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Form I-129 is used by employers to file petitions for non-immigrant workers coming to the United States temporarily. It applies to categories including H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 and R-1 visas.
What changes in the new Form I-129
The latest edition introduces updates to the H Classification Supplement for the fiscal year 2027 H-1B cap season under the wage-weighted lottery system. The revised form asks employers to provide more detailed job information, including minimum educational qualifications, exact field of study, required experience and whether the position includes supervisory responsibilities.
These inputs align with factors used by the US department of Labour to determine wage levels on the Labor Condition Application (LCA). The updated form will now display two wage levels: the wage level listed on the LCA and the wage level selected during the H-1B registration process. USCIS said it will collect this information directly to verify that the appropriate wage level has been chosen.
USCIS alert on form editions
USCIS clarified the transition timeline in its notice:
"On Feb. 27, 2026, USCIS published a new edition of Form I-129 (edition date 02/27/26).
Starting April 1, 2026, we will accept only the 02/27/26 edition. Until then, you can also use the 01/20/25 edition. The edition date is at the bottom of the page on the form and instructions.
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Accept the 01/20/25 edition of Form I-129 if it is received on or before March 31, 2026; and
Reject the 01/20/25 edition of Form I-129 if it is received on or after April 1, 2026."
