Memo on Elimination of H1B Training Fee
Posted Sep 19, 2003

In our September 12, 2003 edition of the MurthyBulletin, we reported that the $1,000 "training fee" paid by employers with most H1B petitions would be eliminated after September 30, 2003. That 12 Sep 2003 article, H1B Training Fee Eliminated from October 1, 2003, is available on MurthyDotCom. This information was officially confirmed in a September 15, 2003 Memo issued by William R. Yates, Associate Director for Operations, Bureau of Citizenship and Immigration Services (CIS). There are some key procedural points to be followed for cases filed after September 30, 2003.

No $1,000 Training Fee after September 30, 2003

The Memo reminds the Service Centers that, unless there is a change in the law, H1B petitions filed with the CIS Service Centers on or after October 1, 2003 will no longer need the $1,000 training fee. Any case filed on or after October 1, 2003 will be rejected if accompanied by a single check in the amount of $1130 as payment of the required $130 filing fee and the no-longer-required $1000 fee. If two checks are sent, one for $130 and one for $1000, the case will be accepted and the $1000 check returned. Cases filed before October 1, 2003 will continue to require the $1000 training fee, unless eligible for an exemption. Filers should be mindful that the filing dates refer to the date the case is received by the CIS, not the date the case is mailed.

Form I-129W Still Required

The Memo states that Form I-129W continues to be required. At a later time, the current form will be revised to omit the information about the $1000 training fee. The form also has other necessary information. It is used, in part, to track the H1B approvals for the year, which is extremely important in light of the reduction of the H1B cap from 195,000 to 65,000. More on this subject is available in our 12 Sep 2003 article, H1B Cap for Fiscal Year 2004, also available on MurthyDotCom.

Conclusion

It appears that the law surrounding H1Bs changes more rapidly than most other areas of business immigration. It is important to follow the law at the time of filing to avoid rejections and needless delays. The Law Office of Sheela Murthy, P.C. is happy to share the latest information that may help businesses and individuals in following procedures to successfully navigate the H1B process to obtain approvals.