New I-129W Required for H1Bs from April 13, 2001
Posted Apr 13, 2001

As many readers are aware, an H1B petition package contains various forms, among which are the I-129, the H Supplement and the I-129W. The I-129W requests certain information for statistical purposes, such as the level of schooling completed by the beneficiary and the major subject for his/her degree program. It also includes a series of questions for the purpose of determining whether the filing is exempt from the $1000 "training fee."

The most recent version of the I-129W, issued December 18, 2000, is two pages long and is different from the prior version in two key ways. First of all, at the top of the first page, it includes questions with regard to whether the petitioner is an "H1B dependent employer" or a "willful violator" under the 1998 H1B law known as ACWIA. More extensive information on these terms is included in the Labor Condition Application (LCA) and instructions. Since these terms mainly pertain to whether an employer must agree to additional attestations on an LCA, it is unclear why the INS finds it necessary to also include the information on the I-129W. Of course, the LCA, a U.S. Department of Labor form, is also included in every H1B package.

The second difference is that on page two of the new I-129W there are questions to help INS determine whether the beneficiary should be counted under the H1B quota. Under the recent law known as AC21, passed in October 2000, there have been some changes in the required counting methodology for H1Bs.