New Form I-129 for H-1B cap registration explained: What’s changed after USCIS seeks clarity from employers
U.S. Citizenship and Immigration Services has released a new Form I-129. This time the H-1B cap lottery is no longer random, but based on salary. USCIS has required employers who submit this form when applying for H-1B employees to provide specific details about the position. The new form requires employers to describe the minimum educational requirements for the position, the exact area of study required, whether minimum experience is required and whether the position includes supervisory duties, among other things. Starting April 1, 2026, USCIS will only accept the new Form I-129. This time, wages for H-1B visa holders will be divided into four levels based on position. An H-1B applicant’s chances of winning the lottery will also be determined by these levels. Level 4 applicants will have 4 chances, while Level 1 applicants will only have 1 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 experienced supervisors
What are the requirements for the new Form I-129?
- Minimum education required for this position
- Related research areas
- Is any experience required?
- Whether the role is a supervisory role.
The Murth Law Firm explains the logic behind the new I29 form, stating in its blog post: If an employer registers at a higher wage level based on the wages offered, but the job requirements clearly support only a Class I classification on the LCA, USCIS will use this information to review this discrepancy. Boundless Immigration explains that employers must now be more consistent in the applications they submit. First, they submit their online registration. If selected, then they must file a Labor Condition Application and I-129. They must maintain consistency in job level, salary level, and work location across all of these documents.
