(UNITED STATES) — USCIS confirmed that starting April 1, 2026, it will reject any Form I-129 filed on an outdated edition, a timing that lands directly on the opening day for FY 2027 H-1B cap season petition filings.
The agency released a new Form I-129 (Petition for a Nonimmigrant Worker) dated 02/27/26. USCIS will accept both the prior edition and the new edition only through March 31, 2026. Beginning April 1, 2026, only the new edition will be accepted for H-1B and other worker categories.
⚠️ Employer Alert: A petition on the wrong Form I-129 edition received on or after April 1, 2026 is rejected. A rejection can forfeit cap-season time.
FY 2027 H-1B cap season timeline (employment start: Oct. 1, 2026)
| FY 2027 Milestone | Date |
|---|---|
| Registration Period | Early-to-mid March 2026 |
| Selection Notifications | Late March / early April 2026 |
| Filing Window Opens | April 1, 2026 |
| Filing Window Closes | June 30, 2026 |
| Earliest H-1B Start Date | October 1, 2026 |
This year’s operational risk is straightforward. Many employers finalize selection documentation in late March. That is also when USCIS’ form edition transition ends.
How FY 2027 pressure compares to last year’s lottery
Competition remains high under the 85,000 cap. That includes 65,000 regular cap numbers and 20,000 under the U.S. master’s exemption.
In FY 2026, USCIS received about 442,000 registrations. USCIS selected roughly 120,000 registrations to meet the 85,000 cap. The implied selection rate was about 27%.
USCIS now uses a beneficiary-centric selection system. Each person gets only one entry in the selection pool. Multiple employers may still register the same person.
What Form I-129 is, and why edition dates matter during cap season
Form I-129 is the core petition for many work-authorized nonimmigrant classifications. It covers H-1B, plus categories such as L-1, O-1, E-3, and TN. It is the form USCIS adjudicates, even when the case also depends on a Labor Condition Application.
Edition dates are not cosmetic. USCIS uses them to control which data fields are collected. When the transition window closes, USCIS rejects older editions.
The impact falls on employers and their counsel first. It also affects beneficiaries who must supply degree documents, resumes, and experience letters quickly.
USCIS will display the exact edition dates and the final acceptance cutoff for the prior edition. Employers should treat those dates as filing-critical.
How the transition period works in practice
USCIS is accepting both editions through March 31, 2026. On April 1, 2026, the older edition becomes a rejection trigger. There are no discretionary exceptions for “minor” edition errors.
“Received by USCIS” is the controlling concept. A courier pickup on March 31 does not help if delivery occurs on April 1. Mailroom delays, weather, and signature issues can become case-killers.
A rejection during cap season is more than an inconvenience. It can cause missed start dates, re-signing cycles, and reassembly costs. It can also push cases beyond internal onboarding schedules.
📅 Key Date: April 1, 2026 is both the cap filing opening day and the day USCIS stops accepting the older Form I-129 edition.
What the new Form I-129 asks for, and what employers should gather now
USCIS expanded role-detail fields that map directly to common H-1B adjudication questions. Employers should be ready to document the position before packet assembly begins.
Role requirements now drill into education level, field of study, experience, and skills. For H-1B purposes, that information should match the “specialty occupation” theory. It must also match the internal job posting or requisition.
Compensation questions now request fuller salary details. Employers should ensure the offered wage aligns with the LCA and payroll reality. Any mismatch can invite a request for evidence.
Classification alignment matters more when USCIS collects SOC and NAICS codes on the form. The SOC code should match the LCA selection. The NAICS code should match the employer’s industry and FEIN profile.
Supervisory responsibilities can change how a role is framed. It may affect wage level logic and the job’s complexity narrative. Employers should explain who is supervised and how performance is evaluated.
Why USCIS is collecting more detail
These fields connect to two recurring pressure points: specialty occupation and wage compliance. More granular requirements can help show the job requires a degree in a specific specialty.
The same fields also align with Department of Labor concepts used on the LCA. Wage level selection often turns on complexity, supervision, and experience requirements.
Employers should also expect consistency checks. USCIS can compare the form, the LCA, support letter, and any third-party statements.
Prevailing wage remains a floor. Employers must pay the higher of the prevailing wage or the actual wage. Level I roles face added scrutiny, especially with broad duties.
What happens after selection, and what happens after non-selection
If selected, the employer files the H-1B cap petition during the filing window. The package typically includes the LCA, support letter, and the correct Form I-129 edition. USCIS then issues a receipt notice and begins adjudication.
If not selected, the registration remains in reserve status unless USCIS announces a later round. Employers should avoid filing a cap-subject H-1B petition without selection.
Employees should request clarity on next steps quickly. That includes cap-gap questions for F-1 students and work authorization end dates. Travel plans should be conservative until a receipt and status strategy are confirmed.
Alternatives for beneficiaries not selected
Cap season is not the only path. Employers can consider cap-exempt H-1B options through qualifying universities, affiliated nonprofits, and research organizations. Those filings can be made year-round.
Other common options include O-1 for individuals with sustained acclaim, L-1 for intracompany transferees, and TN for eligible Canadian and Mexican professionals. E-3 is available to eligible Australian professionals.
Each option has its own documentary standard. Employers should run eligibility triage early, before work authorization expires.
Action plan for employers, counsel, and beneficiaries
USCIS directs filers to obtain the form at uscis.gov/i-129. Employers should stop using saved PDF copies stored in shared drives. HR and outside counsel should update templates, checklists, and sign-off workflows.
Quality control should include an “edition date check” step before shipment. Build a delivery buffer around March 31. Avoid overnight delivery assumptions for March 31 drop-offs.
Employees should verify three items with the employer. Confirm the job title and duties match the LCA. Confirm the SOC code and wage level logic. Confirm the offered salary meets at least the prevailing wage for the worksite area.
Related update: premium processing fee changes on March 1, 2026
USCIS also increased premium processing fees for many Form I-129 classifications effective March 1, 2026. The postmark date and the correct fee amount matter. An incorrect fee can result in rejection or intake delays.
Employers using premium processing should confirm the fee for the specific classification. They should also confirm payment method rules at the filing location. Employees should ask whether premium processing is planned, and whether it is needed for travel or start-date timing.
⏰ Deadline: Premium processing requests postmarked on or after March 1, 2026 must include the updated fee amount.
Employers should begin LCA and packet preparation before March closes, and switch to the new Form I-129 immediately for cap filings tied to April 1, 2026. Employees should confirm the SOC code, wage level, and start-date strategy before any travel, and keep copies of the final forms for their records.
📋 Official Resources: – H-1B Program: uscis.gov/h-1b-specialty-occupations – Cap Season: uscis.gov/h-1b-cap-season – Prevailing Wages: flcdatacenter.com
