U.S. Citizenship and Immigration Services (USCIS), anticipates that April 1, 2008
will see a repeat of the mass filings from last year. With this expectation USCIS
has published this list of measures the petitioner can take to ensure that their
petition is correctly filed.
For Fiscal Year 2009, the first filing date is Tuesday, April 1, 2008. Cap-subject
petitions filed prior to that date will be rejected. Petitions should be filed
at Vermont and California Service Centers, depending on petitioner’s location.
To download the forms and the instructions click
here.
Here are some general tips on making sure that your petition is completed and
filed properly.
- Clearly label all H-1B cap cases in red ink on top margin of Form I-129
petition. Use the following
codes:
- Reg. Cap (65,000 regular cap cases minus the C/S cap cases received)
- C/S Cap (Chile/Singapore H-1B1s)
- U.S. Masters (20,000 cap exemption for beneficiaries with U.S. Masters
or higher degrees)
- Exempt (for petitions filed by certain institutions of higher education;
nonprofit organizations; and nonprofit research organizations or governmental
research organizations, as defined in USCIS regulations)
- Fill out Form I-129 and supplements correctly, consistently and completely.
- Form I-129 petition
- H classification supplement
- H-1B Data Collection and Filing Fee Exemption Supplement
- Original signatures are required. Tip: blue ink makes it easy to confirm
an original.
- Employer must submit the correct fees as seen on form instructions (Tip:
separate checks for each are best).
| Base
filing fee |
$320
|
American
Competitiveness and Workforce Improvement Act of 1998
(ACWIA fee) |
-
$750 For employers with 1 to 25 full time equivalent
employees unless exempt
- $1,500
For employers with 26 or more full time equivalent employees
unless exempt
- (see
H-1B Data Collection and Filing Fee Exemption Supplement, Part
B)
|
| Fraud
fee |
$500
To be submitted with the initial H-1B petition filed on behalf
of each beneficiary by a petitioner. (Not for Chile/Singapore
H-1B1 cases)
|
| Premium
Processing fee |
- $1,000
For employers seeking Premium Processing Service
|
|
- Please send only one petition per envelope. (These may then be mailed together
in one mailing package.)
- Regular Cap
- U.S. Master’s Cap
- Regular Cap Premium Processing
- U.S. Master’s Cap Premium Processing
- H-1B1 Chile/Singapore
Please note that incorrectly completed or filed petitions may result in rejection
or denial of the petition. VisaPro highly encourages petitioners to consult an
attorney before filing an H-1B case. At a time when the H-1B quota does not allow
for re-filing of a petition after its return due to mistakes, ensuring a proper
initial filing is crucial.
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