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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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