Reminder to use the new Form I-129 and pay the new fees!
Any Form I-129 based petitions that are filed on or after April 1, 2024, including H-1B cap cases, must utilize the new I-129 form.
* If a petition is filed with the wrong edition of the I-129 form, it will be rejected by USCIS.
* If a petition is filed with the wrong filing fee, it will be rejected by USCIS.
* There is no grace period for implementation of the new I-129 form or filing fees.
Keep in mind, the new I-129 form comes with some key changes:
* If a company is seeking eligibility for the lower filing fees as a “small employer” or “non-profit employer”, the company must provide documentary evidence of eligibility, including but not limited to a copy of Form 941, Employer’s Quarterly Federal Tax Return or letter from the IRS or copy of IRS certificate showing tax exemption.
* Petitions are limited to 25 named employees per petition for essential support personnel seeking P-1, P-2, P-3, and O-2 classification. This limitation also applies to H-2A, H-2B and H-3 classification.
* Employers will need to affirmatively identify the organization as a “nonprofit organized as tax exempt or a governmental research organization”.
It is important to note that there are significant redundancies in the new form. Petitioners will need to answer the same questions in several different places (i.e., the number of beneficiaries included in the petition, number of employees (total number plus whether the employer qualifies as a “small employer”), and the beneficiary’s passport number).
As of April 1st, the filing fees for I-129 petitions (without premium processing, but including ACWIA and Fraud Detection/Prevention Fee as applicable) will be:
H-1B: $3,380 (employers with 26+ FTE) | $2,010 (employers with 25 or fewer FTE) | $960 (nonprofit)
L-1: $2,485 (employers with 26+ FTE) | $1,495 (employers with 25 or fewer FTE) | $1,195 (nonprofit)
O-1: $1,655 (employers with 26+ FTE) | $830 (employers with 25 or fewer FTE) | $530 (nonprofit)
- Lin Walker
#businessimmigration #h1b #l1visa #o1visa #h1blottery #h1bcap
https://lnkd.in/e-T6z-6e
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1moVery informative