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IMMIGRATION MARCH 27, 2026 | The Indian Eye 40
New Fields in Form I-129
for H-1B Classification Need
to Sync with Appropriate Wage
Levels in the Lottery and Labor
Condition Application
BY CYRUS MEHTA & and H-1B1 Data Collection • Years of experience re- of a random lottery, regis- likelihood of being select-
and Filing Fee Exemption quired in order to qualify trations for unique benefi- ed in the lottery. However,
KAITLYN BOX*
Supplement. Question 7 for the position ciaries or petitions will be complications could arise
through 11 on page 21 of the • Special skills required in assigned to the relevant Oc- when the H-1B petition is
n February 27, 2026, supplement request the fol- order to qualify for the cupational Employment and filed. If the beneficiary’s
USCIS published a
position
Onew edition of Form lowing specific information: • Number of people the Wage Statistics wage level job duties appear sophisti-
cated or high level, but the
• Level of education re-
and entered into the selec-
I-129, which it will accept quired for the position beneficiary will supervise, tion pool as follows: employer is only offering a
exclusively beginning April • Field(s) of study that and their position titles (1) registrations for level I wage, which gener-
1, 2026. The new edition of would qualify someone for Additionally, question 2 unique beneficiaries or pe- ally relates to an entry-level
Form I-129 introduces sev- the position on section 3, page 22 of the titions assigned wage level role, USCIS can challenge
eral new fields in the H-1B
H-1B and H-1B1 Data IV will be entered into the the appropriateness of the
Collection and Filing selection pool four times; wage level. Similarly, USCIS
Fee Exemption Supple- (2) those assigned wage could question the appropri-
ment requests that the level III will be entered into ateness of a level IV wage if
appropriate wage level, the selection pool three the employer is offering a
I through IV, be selected times; higher wage to an employ-
for H-1B cap petitions. (3) those assigned wage ee in order to increase the
level II would be entered chances of selection in the
Many of these new into the selection pool two H-1B lottery. However, the
DHS final rule makes clear
times; and
fields appear de- (4) those assigned wage that “…if an employer values
signed to comply level I will be entered into a beneficiary’s work and the
unique qualities the benefi-
the selection pool one time.
with the December Pursuant to the new rule, ciary possesses, the employ-
2025 Department of the H-1B cap electronic er could offer a higher wage
registration form requires
than required by the prevail-
Homeland Security employers to indicate what ing wage level to reflect that
final rule that intro- wage level will be offered value.” Thus, an employer
should not be precluded
to the beneficiary. Although
duced a weighted USCIS has not promulgated from paying a level IV wage
selection process for guidance specifying whether even to an entry-level work-
er if that employee’s unique
the Labor Conditions Ap-
m of the H-1B lottery. The plication (LCA) and H-1B skills, performance, or edu-
CYRUS D. MEHTA & PARTNERS PLLC H-1B registration petition filed on behalf of cational background justify
offering a higher wage.
a selected beneficiary must
period for FY 2027
match the wage level indi- However, even if the
cated at the time of registra- employer as selected a level
runs from March 4,
tion, it is likely a best prac- IV wage in the H-1B lottery,
2026 to March 19, tice to ensure that both are at the time of preparing the
in sync. Labor Condition Applica-
2026, at 12 pm ET.
The weighted selection tion (“LCA”), the employer
Under the new sys- rule will incentivize em- will need to assign the ap-
tem, discussed in detail ployers to select the highest propriate wage level based
2 6th Floor possible wage level in order on the DOL 2009 prevailing
in a prior blog, instead to increase the candidate’s wage guidance. Under the
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