Does anyone know it?

[immiq]

Do the new H-1B fee $1500 and $500 of Fraud Prevention fees apply to second time H-1B extension (same employer) or only to the initial filing and first time extension?

 

[ImmigAttyLana]

As far as the law reads, it only applies to first time petitions and change of status and change of employer petitions, and not to extensions of stay with the same employer.

 

[immiq]

As far as the law reads, it only applies to first time petitions and change of status and change of employer petitions, and not to extensions of stay with the same employer.

Are the requirements for the new H-1B fee $1500 and $750 same as $1000 required by I-129W in the past?

 

[ImmigAttyLana]

I don't understand the question. What do you mean by requirements beyond the fact that the fee is now again a requirement except this time a higher fee?

 

[immiq]

I don't understand the question. What do you mean by requirements beyond the fact that the fee is now again a requirement except this time a higher fee?

That means except for the higher fee there is no change in the I-129W to collect this fee, $1500 plus $750, correct? Or, every employer pays this fee one time only regardless of how many times the H-1B filed on behalf of the same beneficiary. If so, do those H-1Bs filing the EXTENSION (same employer) need to pay this fee right now, who never paid additional H-1B fee before the new H-1B law?

 

[ImmigAttyLana]

Why 1500 + 750? Where are you getting that from?

 

[immiq]

Why 1500 + 750? Where are you getting that from?

I should say $1500 OR $750 (if no more than 25 full-time equivalent employees). However, it is incorrect that the fee only applies to first time petitions and change of status and change of employer petitions.

I just read the USCIS Press Release on Its Interpretation and Implementation of H-1B Law Change. It specifically states “ For example, a petition by an otherwise non-exempt employer to extend the H-1B stay of a beneficiary for the first time would be exempt from the H-1B cap, but not from either the $1500 or $750 fee.”

So my finding is every non-exempt employer should pay the fee twice (initial filing and first time extension) on behalf of the same beneficiary. You won't disagree, will you?

 

[ImmigAttyLana]

I think we may be talking about two separate things. The new law creates two new fees: one is the $1500 or $750 fee for all H-1B petitions unless the employer is otherwise exempt. This is essentially the same fee that used to be the requirement before it sunset in October 2003 and used to be only $1000.00.

Additionally, there is a Fraud Prevention and Detection fee of $500 which will have to be paid by employers as of March 8, 2005, and which will apply only to employers seeking a change in employers for the beneficiary or seeking an initial grant of the H-1B status for the beneficiary.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[immiq]

So it is clear that every non-exempt employer should pay the H-1B fee $1500 or $750 twice (initial filing and first time extension) on behalf of the same beneficiary. Now the question is whether the employer needs to pay that fee for filing the second time H-1B extension IF he only paid the fee $1000 one time before the new H-1 law?

 

[ImmigAttyLana]

My initial question would be how the employer could be already filing a second extension in less than 3 years since the law WAS in effect prior to October 1, 2003.

 

[immiq]

My initial question would be how the employer could be already filing a second extension in less than 3 years since the law WAS in effect prior to October 1, 2003.

Second time one year post 6 year H-1B extension.

 

[ImmigAttyLana]

Ah, ok. I would probably err on the side of caution and submit the extra fee and explain in the cover letter that if it is not necessary that you would like to have it refunded. It may or may not be but explain the reasons for the request.