Reminder : Anti-Fraud Fee Starts from March 8, 2005
Posted Feb 25, 2005
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As many MurthyDotCom and MurthyBulletin readers may know, as of March 8, 2005, certain H1B and L-1 case filings will have to be accompanied by a $500 anti-fraud fee. This fee is in addition to the other filing fees required with the H1B, as well as the optional premium processing fee. Information on the recent changes regarding H1Bs, L-1s, and the new fee structure can be found in our December 8, 2004 NewsFlash, Omnibus Bill Signed -- USCIS Clarifications, available on MurthyDotCom.
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Include $500 Fee as of March 8, 2005
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We take this opportunity to remind our readers to include this fee with any filings that reach the USCIS on or after March 8, 2005 for both H1B and L-1 filings. The date that is important is the date that the filing will reach the USCIS, not the mailing date. Failure to include this fee is expected to result in the rejection of the case. Obviously, at the least, this will delay the case and could have even more serious consequences; like failure to maintain legal status, etc, depending on the situation.
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20,000 New H1Bs Cannot be Filed until March 8, 2005
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Many potential H1B cases cannot be filed before March 8, 2005, because of the H1B cap. Starting on March 8, 2005, an additional 20,000 H1B cap exemptions become available to individuals with U.S. masters' degrees or above. Therefore, many cases are likely to be filed on or shortly after this date. These cases will require the $500 anti-fraud fee.
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H1B cap-subject cases filed for persons without U.S. masters' degrees or above who are seeking H1B status under the Fiscal Year 2006 cap can be filed starting April 1, 2005. These cases will have a start date no earlier than October 1, 2005 and will also need the $500 fee.
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File before March 8, 2005, if Eligible
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In order to save $500, those persons who are eligible to file extensions for H1B or L-1 cases prior to March 8, 2005 should do so. This includes initial L-1 filings, cap-exempt H1B initial filings, change of employers, and requests to change status.
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It is always necessary to file a case with the proper fees. Failure to do so causes the case to be rejected by the mailroom in most cases. Fee information is available on the USCIS Website.