Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 26 of 29) in pdf

American Competitiveness and Workforce Improvement Act (ACWIA) fee for certain H-1B and H-1B1 Petitions

A petitioner filing Form I-129 for an H-1B nonimmigrant or for a Chile or Singapore H-1B1 Free Trade Nonimmigrant

must submit the $460 petition filing fee and, unless exempt under Section 2. of the H-1B Data Collection and Filing Fee

Exemption Supplement, an additional fee of either $1,500 or $750. To determine which ACWIA fee to pay, complete

Section 2., of the H-1B Data Collection and Filing Fee Exemption Supplement.

A petitioner filing Form I-129 who is required to pay the ACWIA fee may make the payment in the form of a single

check or money order for the total amount due or as two checks or money orders, one for the ACWIA fee and one for the

petition fee.

Additional fees for H-1B, L-1, and H-2B Petitions

A petitioner seeking initial approval of H-1B or L nonimmigrant status for a beneficiary, or seeking approval to employ

an H-1B or L nonimmigrant currently working for another petitioner, must submit a $500 Fraud Prevention and Detection

fee. Petitioners for Chile or Singapore H-1B1 Free Trade Nonimmigrants do not have to pay the $500 fee.

Those petitioners required to submit the $500 Fraud Prevention and Detection fee are also required to submit either an

additional $4,000 (H-1B) or $4,500 (L-1) fee mandated by Public Law 114-113, if:

1. The petitioner employs 50 or more individuals in the United States;

2. More than 50 percent of those employees are in H-1B, L-1A, or L-1B nonimmigrant status; and

3. The petition is filed on or after December 18, 2015.

Employers filing H-2B petitions must submit an additional fee of $150.

You must include payment of the fees with your submission of this form. Failure to submit the fees when required will

result in rejection or denial of your submission.

NOTE: The Fraud Prevention and Detection fee and Public Law 114-113 fee, when applicable, may not be waived. Each

fee should be submitted in a separate check or money order.

Biometrics Services fee for certain beneficiaries in the CNMI

An additional biometrics services fee as described in 8 CFR 103.7(b) is required if the alien is lawfully present in the

CNMI when applying for an initial grant of any federal nonimmigrant status. After submission of the form, USCIS will

notify you about when and where to go for biometric services.

NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS takes on this

petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts.

Use the following guidelines when you prepare your checks or money orders for the Form I-129 filing fee:

1. The check and money order must be drawn on a bank or other financial institution located in the United States and

must be payable in U.S. currency; and

2. Make the checks or money orders payable to U.S. Department of Homeland Security.

NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”

Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds

transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your

account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it

on your regular account statement.

You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS

cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your

check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is

returned as unpayable a second time, we will reject your application and charge you a returned check fee.

Form I-129 Instructions 01/17/17 N

Page 26 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 26