Sunset of Additional $1,000 Filing Fee, Return to 65,000 Annual Limit on H-1B Petition Approvals (September 15, 2003)


September 15, 2003 MEMORANDUM from William R. Yates /s/ Associate Director for Operations Bureau of Citizenship and Immigration Services

MEMORANDUM FOR SERVICE CENTER DIRECTORS, BCIS REGIONAL DIRECTORS, BCIS
OFFICE OF INTERNATIONAL AFFAIRS, BCIS

The purpose of this memorandum is to remind Service Centers that absent
additional H-1B legislation enacted before the end of the current fiscal
year, H-1B petitioners who file petitions on or after October 1, 2003,
will no longer be required to submit the additional filing fee of
$1,000. This is a result of the sunset provision in Immigration and
Nationality Act (INA) section 214(c)(9)(A). Furthermore, the annual
ceiling on H-1B petition approvals under INA section 214(g) will revert
from 195,000 to 65,000 beginning in fiscal year 2004. Any H-1B petition
filed on or after October 1, 2003 that includes the additional $1,000
filing fee imposed by ACWIA together with the base filing fee of $130 in
a single remittance should be rejected by Service Centers as improperly
filed. If the fees are in separate remittances, then the $1,000 ACWIA
fee can be rejected and the petition and filing fee accepted. The
written instructions should further advise the petitioner that Form
I-129W, H-1B Data Collection and Filing Fee Exemption, must still be
filed in conjunction with Form I-129 when petitioning for an H-1B
nonimmigrant worker, but the filing fee information in Part B can be
omitted. The Form I-129W and accompanying instructions will be revised
to delete all references to the additional $1,000 filing fee and fee
exemption. The Form I-129W will be retained in the BCIS Forms Inventory
and be utilized in the H-1B petition filing process because the form
collects necessary data on H-1B petitioners and beneficiaries, and also
serves to “track” the number of new H-1B petitions approved during each
fiscal year.

Therefore, the Form I-129W must be used at least in the short term to
ensure BCIS adherence to the H-1B numerical limitations imposed by law.
The BCIS will seek to revise regulations in 8 CFR applicable to this
change in the H-1B program in the near future. Questions regarding this
memorandum may be directed to Joe Holliday at Service Center Operations
or Kevin Cummings at Office of Program and Regulation Development,
through appropriate channels.

Download Memo (pdf)

Posted: Mon - September 15, 2003 at 10:35 AM          

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