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Houston, Texas 77036
Tel: 713-339-4200,1-800-281-7400
Fax: 713-339-4299, E-mail: info@linlawfirmusa.com

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Practice Note
 
Money-Saving Tip: File H-1 Before 03/08/2005 If You Want to Change Job

We want to remind our readers who want to change jobs in the imminent future or who can file H-1B now because the employer is a higher-education institution or non-profit research organization and as such is not subject to cap restriction: file your new H-1B application before March 8, 2005 to save $500.00!

In December of 2004, President Bush signed the Omnibus Appropriation Act for FY 2005. The Act reenacted the ACWIA (American Competitiveness and Workforce Improvement Act of 1998) fee to be paid by employers to the U.S. government for the training of U.S. workforce and raised it to $1,500.00 for employers with more than 25 full-time employees ($750 if no more than 25 employees). Right after the President signed it into law, the fee has taken effect on December 8, 2004. Certain employers previously exempted from the fee, principally higher education institutions and non-profit research organizations, are still exempt from this fee.

The Act, however, also creates a Fraud Prevention and Detection Fee of $500.00 to new H-1 B or L classification applications or to petitions seeking to change a beneficiary's employer within those classification. The new fee applies to all petitions filed to that effect on or after March 8, 2005.

The anti-fraud fee does not apply to amendment or extension of existing H-1B with same employers. However, if you are in H-1B and thinking about getting a new job, or if you will apply for a new H-1B because of new employment with a higher-education institution or non-profit research organization, the fee has to be paid if it is filed on or after March 8, 2005.  Therefore, we remind you to act now and save $500.00!


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