CBP Issues Guidance on Fraud Prevention Fee
Posted Apr 22, 2005
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As regular MurthyDotCom and MurthyBulletin readers saw in our December 08, 2005 NewsFlash, the U.S. Citizenship and Immigration Services (USCIS) is collecting a $500 Fraud Prevention and Detection fee for new H1B and L-1 petitions. The fee, which can be paid by either the foreign national or the employer, applies to those cases where the petitioning employer has not filed previously for the particular employee / beneficiary. This fee is paid with the petition. The procedures are different, however, for cases involving L-1 blanket petitions as well as for cases involving Canadian citizens.
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Collection by DOS for L-1 Blanket Petitions
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In cases filed under an L-1 blanket petition, making it unnecessary for the employer to file an individual L-1 petition for each employee, the $500 fee is usually collected by the U.S. Department of State (DOS) and not by the USCIS.
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Collection by CBP for Certain Canadian Citizens
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There is yet another situation for Canadian citizens seeking to enter under an L-1 blanket. Since Canadians in this category do not need the visa in their passports, they do not apply at the U.S. consulate and pay the fee to DOS. In such instances, the U.S. Customs and Border Patrol (CBP) may collect the $500 fee when a citizen of Canada presents him- or herself at a port of entry seeking L-1 classification, either through an individual or blanket L-1 petition.
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The CBP issued a memo on March 18, 2005 to its Directors of Field Operations and its Acting Director, Preclearance regarding this fee. The CBP only considers new petitions for Canadian citizens and does not process petitions for renewal or extension of L-1 status, which must still be filed with the USCIS. Requesting a continuation in one's previously approved employment without change will result in the petition being treated as new. The CBP has indicated that it will charge the $500 fee in those cases if the fee has not already been paid.
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Fee Shared among Various Government Agencies
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Funds resulting from the $500 Fraud Prevention and Detection fee are shared equally among the Department of Homeland Security (DHS), the DOS, and the U.S. Department of Labor (DOL). The DOL, however, never collects this fee. Fee collection is performed only by the USCIS and the DOS, and, in the limited circumstance outlined above, by the CBP. Since the fee should never be paid more than once by the same petitioning employer for a specific beneficiary, it is important to retain documentation that the fee has been paid so that there is no double payment. Anyone with questions as to the circumstances under which the $500 fee may be required should consult with a qualified immigration attorney.