U.S. Citizenship and Immigration Services will introduce a new edition of Form I-129, Petition for a Nonimmigrant Worker, effective April 1. Although updates to immigration forms are routine, this revision reflects a meaningful shift in how the agency evaluates employment-based petitions. The updated form places greater emphasis on the details of the offered position, signaling increased scrutiny for employers sponsoring foreign national workers.

A central change is the expanded requirement for employers to describe the job in greater detail. The new form asks for specific information about the minimum education required for the H-1B role, including acceptable fields of study. Employers must also disclose the minimum number of years of experience required for the H-1B role, whether the role involves supervising other employees, and whether specialized skills are necessary to perform the role.

How does this impact an H-1B? As a reminder, H-1B petitions require both that the position qualify as a specialty occupation and that the employer pay at least the applicable prevailing wage. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and at least a minimum of a bachelor’s degree or its equivalent in a specific specialty. The prevailing wage is determined through the Labor Condition Application (LCA) process and represents the market rate for the occupation in the geographic area of employment.

Challenges to Specialty Occupation: These additional details are likely to play a significant role in USCIS’s evaluation of whether a position qualifies as a specialty occupation and whether the LCA was filed accurately. For example, if an employer lists multiple or loosely related fields of study, USCIS may question whether the role truly requires a degree in a specific specialty.

Challenges to Wage Levels: The revised form may also increase scrutiny of compliance with Department of Labor regulations related to the submission of a Labor Condition Application. When employers rely on the Department of Labor’s Occupational Employment and Wage Statistics wage data, positions are assigned one of four wage levels. These levels generally correspond to increasing levels of experience, independence, and responsibility. For example, when using the DOL’s wage library, the majority of H-1B positions are assigned wage levels as follows:

• Minimum of a Bachelor’s + 2 years of experience = Level 1
• Minimum of a Bachelor’s + 3 years of experience = Level 2
• Minimum of a Bachelor’s + 4 years of experience = Level 3
• Minimum of a Bachelor’s + 5 or more years of experience = Level 4

As noted above, requiring an additional year of experience for a position may increase the wage level. Employers should take care when disclosing this data to ensure it aligns with how the wage level was selected. The DOL may also support a higher wage level when the position involves supervising others or requires special skills not typical of the occupation.  An employer’s stated minimum educational and experience requirements should be consistent with its normal requirements for the role for which it is sponsoring a candidate for an H-1B petition.

By collecting more detailed information on these elements, USCIS may assess whether the selected wage level is consistent with the job requirements listed in the petition. Any inconsistencies could result in additional review or requests for evidence. It should be noted that once an H-1B petition is submitted, USCIS does not permit substitution of a new LCA that was certified after filing, making it critical that the wage level is accurate at the outset.

Another important aspect of the update is the potential for greater consistency in cross-agency analysis and audits of cases. The information provided in the I-129 may now be more easily compared with filings submitted to the Department of Labor. This makes it increasingly important for employers to ensure that all representations across filings are aligned and supported by internal documentation.

Site Visit Inconsistencies: USCIS has also increased site visits in the H-1B context and may ask employers or third-party worksites about job requirements, including years of experience. If this information differs from what was used to support the wage level, USCIS may issue a Request for Evidence or a Notice of Intent to Revoke a previously approved H-1B petition. These situations can be difficult to resolve, particularly because a new LCA cannot be substituted after filing.

Private Wage Surveys: An alternative for some employers is the use of private wage surveys, such as those published by Willis Towers Watson or Radford. These surveys do not follow the same wage-level structure as the DOL wage library and may better reflect actual market compensation. However, private wage surveys must meet specific regulatory requirements, and USCIS may review whether the selected survey and position are an appropriate match.  Employers relying on such wage surveys must ensure that the wage survey documentation is preserved in the Public Access File to demonstrate the methodology used in providing the wage survey data in support of the Labor Condition Application.

What’s next? From a practical standpoint, employers should expect that preparing Form I-129 petitions will require more time and coordination. Human resources teams and hiring managers may need to work more closely together to define job requirements clearly and accurately. Careful attention should be given to how positions are described, particularly regarding education, experience, and skill requirements.

While the legal framework for nonimmigrant worker petitions remains unchanged, the revised Form I-129 reflects a more detailed and compliance-focused review process. Employers that prioritize consistency, clarity, and accuracy in their filings will be better positioned to navigate these changes. For case-specific considerations, consultation with GIP is recommended.