| |  INS Publishes Revised Form I-129W Posted Dec 15, 2000 The INS has proposed a new version of Form I-129W in order to comply with the American Competitiveness in the Twenty First Century Act (ACTA) and the separate law that raised the "training fee" for H1Bs. As many readers are aware, the I-129W must be filed with each H1B petition, and contains information with respect to whether the employer is exempt from the training fee, as well as some biographic information on the foreign beneficiary. The new version adds questions about the new categories of employers that are exempt from the fee, namely primary and secondary educational institutions and non-profit entities providing curriculum-related training for students at such schools. It also includes a new section, Part C, to determine whether there should be an exemption from being counted against the H1B quota. The answers to these questions should make it easier for the INS to accurately count future cases. The INS has requested an expedited clearance process for the new form, because the increase in the INS training fee from $500 to $1000 goes into effect on December 17, 2000. (Please note that, as December 17 is a Sunday, the fee increase will most likely be applied to all cases that reach the INS after Friday, December 15, 2000.) The INS has not indicated when employers must begin using the new form. Presumably, a final regulation with that information will be issued shortly. © The Law Office of Sheela Murthy, P.C.  | |