09/16/2003 IMMIGRATION ALERT:
H-1 RUMORS AND INNUENDO  

On October 1, 2003, the provisions at INA 214(c)(9)(A) will sunset, which will lead to a few immediate and significant changes to the H-1 program.  The purpose of this email is to summarize the "new" rules and remove some of the rumor and innuendo floating around the immigrant community.  All rules will go into effect October 1.

• The $1,000 training fee ordinarily added to H-1 filings will no longer be required.  Accordingly, H-1 filing fees will be $130.  The premium processing program is still in effective.  BCIS fees under this program will be $1,130.

• Form I-129W will still be required in H-1 filings.  Part B of the Form may be omitted.  The Form will likely be revised.

• The H-1 cap will revert to 65,000 from its current 195,000.  Therefore, it may be prudent for employers to make considerable use of the Premium Processing program.  Hammond Law Group predicts that the H-1 cap may be reached as early as the Spring 2004.

• The dependent-employer rules, which place additional burdens on employers whose H-1 workforce exceeds 15%, are also set to sunset, allowing some employers to reduce wages below $60,000.

• It is expected that all of these provisions, including the training fee and dependent-employer rules, will be re-enacted by Congress and re-signed by the President.   At this time it is too early to say if the legislation will pass in October 2003 or not.   However it is expected that the H-1 cap will remain at 65,000, even after legislative action.