US Introduces Wage-Based H-1B Selection; Updated Form I-129 Required from April 2026

The United States Citizenship and Immigration Services (USCIS) has introduced changes to the H-1B visa selection process, shifting it from a random lottery to a system linked to wage levels.  

Reports suggest that under the revised framework, applications will be grouped into 4 categories based on the salary level of the job being offered. 

Wage Levels Linked to Job Seniority 

Each wage level corresponds to the experience and responsibility associated with the role. Entry-level positions fall under Level 1, while Level 4 covers senior roles that may involve supervisory duties. Applicants tied to higher wage levels will receive more chances during the selection process. 

Distribution of Lottery Chances 

The new system assigns different numbers of selection entries depending on the wage level. Level 4 applicants will receive 4 chances in the selection process, while Level 3 applicants will receive 3. Level 2 candidates will receive 2 chances, and Level 1 applicants will have a single chance. 

The approach links visa selection probabilities to the seniority and pay of the job offered by the sponsoring employer. 

Updated Form I-129 Required from April 

USCIS has also released a revised version of Form I-129, which employers must use when filing H-1B petitions. The agency stated that only the updated form will be accepted from 1 April 2026. 

Form I-129 is used by employers to petition for non-immigrant workers to temporarily enter the United States for employment, services, labour or training. The same form is used across several visa classifications, including H-1B, H-2A, H-2B, L-1, O-1, P-1, Q-1 and R-1 categories. 

Additional Information Required in Petitions 

The revised form requires employers to provide more detailed information about the position being offered. This includes the minimum educational qualification needed for the job, the relevant field of study, whether prior work experience is required and whether the position involves supervisory responsibilities. 

These details will form part of the petition submitted after the H-1B registration is selected. 

Wage Level Disclosure Across Filings 

Employers will now need to report the wage level selected during the H-1B registration stage in addition to the wage level listed on the Labour Condition Application (LCA). Both figures will appear in the petition filed through Form I-129. 

This allows authorities to compare the information submitted across different stages of the process. The registration, LCA filing and final petition must carry consistent details, including job level, wage category and work location. 

Read More: DGCA Proposes Stricter Rules for Foreign Airlines: Digital Registration, Local Accountability Mandated! 

Conclusion 

The revised Form I-129 and wage-linked selection system introduce additional reporting requirements for H-1B petitions. From April 2026, employers filing under the H-1B cap will need to submit the updated form and ensure consistency across all related filings. 

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