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The Indian Express

⇱ USCIS to Reject Older Visa Forms from April 1: How the New ‘Wage-Weighted’ H-1B System Impacts Your Application


The US Citizenship and Immigration Services (USCIS) has modified its non-immigrant worker petition form, with the changes taking effect from April 1. Petitioners must use the 02/27/27 edition of Form I-129 for visa applications.

The USCIS said it will reject the 01/20/25 edition of Form I-129 if it is received on or after April 1. However, the older version will still be accepted if it is submitted on or before March 31.

Form I-129 allows individuals to enter the United States temporarily as non-immigrant workers to perform services, labour, or training.

The new edition introduces changes to the H Classification Supplement, which employers and practitioners will use for fiscal year 2027 (FY27). These changes come under the new wage-weighted lottery system.

The revised form requires additional details about work locations and employment arrangements. It also mandates disclosure of the employee’s immigration history. While the main visa categories remain unchanged, applications will face stricter scrutiny.

The updated Form I-129 also requires employers to specify minimum job requirements for the position and determine the Labour Condition Application (LCA) wage level. This includes disclosing minimum qualifications, field of study, and required work experience.

Form I-129 is not limited to H-1B visas. Petitioners can also use it to extend a stay or change visa status. Employers may file the form to bring non-immigrant workers to the United States under categories such as 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.

Applicants may also use the form to extend or change visa status to E-1, E-2, E-3, H-1B1, TN, or any of the above classifications. Students may use it to transition from a study visa to a work permit. However, the new guidance exempts US employers from hiring F-1 students under the H-1B programme.

The H-1B visa allows US employers to hire foreign workers on a temporary, non-immigrant basis. Applicants must possess specialised knowledge in a specific field and hold at least a bachelor’s degree or an equivalent qualification.