Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 9 of 29) in pdf

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 employer, must submit an additional $500 Fraud Prevention and

Detection fee. This fee does not apply to H-1B1 petitions. The Form I-129 will serve as the vehicle for collection of 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 or L-1A or L-1B nonimmigrant status; and

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

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

fee should be submitted by separate check or money order.

To determine if they are subject to any of these fees, petitioners must complete the H-1B and H1B1 Data Collection and

Filing Fee Exemption Supplement discussed below.

H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement

A U.S. employer or U.S. agent who seek to place a beneficiary in H-1B classification (including H-1B1 classification for

free trade aliens from Chile and Singapore) must file this supplement.

The supplement is used to:

1. Collect additional information about the H-1B employer and beneficiary; and

2. Determine the appropriate American Competitiveness and Workforce Improvement Act (ACWIA) fee. The ACWIA

Fee is a training fee meant to fund the training of U.S. workers. But if the employer has 25 or fewer full-time

employees, they must pay only one-half of the required fee at INA 214(c)(9)(B). This supplement also helps to

determine whether the beneficiary is subject to the H-1B numerical limitation (also known as the H-1B Cap). Please

note that the ACWIA fee may not be assessed to the beneficiary.

Who is required to submit this supplement?

A U.S. employer or U.S. agent seeking to classify a beneficiary as an H-1B or H-1B1 Free Trade Nonimmigrant worker

must file this supplement with the Form I-129 and the appropriate fee. (See What is the Filing Fee, for more information

about the appropriate fee.)

Completing Section 1. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement Form

All petitioners who seek to classify a beneficiary as an H-1B or H-1B1 free trade nonimmigrant worker must answer every

question in Item Number 1. of Section 1., General Information. Guidance on how to answer these questions follows.

1. H-1B dependent employer. An “H-1B dependent employer” is an employer that:

A. Has 25 or fewer full-time-equivalent employees who are employed in the United States and employs more than

seven H-1B nonimmigrants;

B. Has at least 26 but not more than 50 full-time-equivalent employees who are employed in the United States and

employs more than 12 H-1B nonimmigrants; or

C. Has at least 51 full-time equivalent employees who are employed in the United States and employs H-1B

nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time-equivalent

employees.

2. Willful violators. A willful violator is an employer whom the U.S. Secretary of Labor has found, after notice and

opportunity for a hearing, to have willfully failed to meet a condition of the labor condition application described in

section 212(n) of the Immigration and Nationality Act.

3. Exempt H-1B nonimmigrant. An “exempt H-1B nonimmigrant” is an H-1B nonimmigrant who:

A. Receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or

B. Has attained a master’s degree or higher (or its equivalent) in a specialty related to the intended employment.

Form I-129 Instructions 01/17/17 N

Page 9 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 9

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