Jun 21 2005

USCIS reminds certain H-1B1 free trade nonimmigrants of the required filing fee

H-1B1 Free Trade nonimmigrants from Chile and Singapore will need to file fees with their applications, as required by the H-1B Visa Reform Act of 2004. Since the law changed in December of last year, the USCIS has received numerous applications from Chilean and Singaporean nonimmigrants with the incorrect filing fee. After July 20, 2005, the USCIS will reject all of these cases with the incorrect fee. Until that date, the Nebraska Service Center intends to accept these applications with the incorrect fee and seek the proper amount through an official Request for Evidence.

Specifically, this additional filing fee for H-1B1 Free Trade nonimmigrants from Chile and Singapore are required for the following situations:

- An employer wishing to employ a current H-1B1 Free Trade nonimmigrant from Chile or Singapore currently employed by another H-1B1 employer.
- An employer requesting an initial extension of H-1B1 status for an H-1B1 Free Trade nonimmigrant from Chile or Singapore that currently works for said employer.
- An employer who wishes to change a nonimmigrant’s status and employ them as an H-1B1 Free Trade nonimmigrant from Chile or Singapore in “new employment.”

This additional fee is $1,500 for businesses that employ 26 or more full-time employees and $750 for businesses with less than 26 full-time employees. This number of employees should include any U.S. affiliate or subsidiary of the petitioning employer. Do note that the $500 Fraud Prevention and Detection Fee, which was also authorized by the H-1B Reform Act of 2004, is not necessary for those from Chile or Singapore seeking an initial grant, extension, or change of status to a H-1B1 Free Trade nonimmigrant or filing an amendment to authorize a change in H-1B1 employers.