New Version of I-129W Required Beginning April 13, 2001
March 30, 2001
The Immigration and Naturalization Service has announced that all H-1Bs received at INS after April 13, 2001 will be rejected if they do not contain the new version of Form I-129W.
INS had previously been accepting both the old and new versions of the form until it could get the new version distributed to its local offices and through the Government Printing Office. INS now believes that the new form, dated December 18, 2000, is available on a wide enough basis to be required.
INS indicates that it is planning to eventually combine the I-129W information into the Form I-129.
The regulation, published at 66 FR 17442, appears below.
To view the new I-129W, click on the following link: i-129w.pdf
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[Federal Register: March 30, 2001 (Volume 66, Number 62)]
[Notices]
[Page 17442]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr01-91]
[[Page 17442]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS 2119-01]
Effective Date of the Revised Form I-129W
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice announces that, effective April 13, 2001, the
Immigration and Naturalization Service (INS) will only accept the
December 18, 2000, version of Form I-129W, H-1B Data Collection and
Filing Fee Exemption. Prior editions of the form will not be accepted.
Form I-129W is a supplemental form designed by the INS to capture
essential information required for the adjudication of Form I-129,
Petition for Nonimmigrant Worker. The information captured on Form I-
129W is required as a result of recent legislation.
DATES: This notice is effective April 13, 2001.
FOR FURTHER INFORMATION CONTACT: John W. Brown, Adjudications Officer,
Immigration and Naturalization Service, 425 I Street, NW., Room 3214,
Washington, DC 20536, telephone (202) 353-8177.
SUPPLEMENTARY INFORMATION:
Background
Who Is an H-1B Nonimmigrant?
An H-1B nonimmigrant is an alien employed in a specialty occupation
or a fashion model of distinguished merit and ability. A specialty
occupation is an occupation that requires theoretical and practical
application of a body of specialized knowledge and attainment of a
bachelor's or higher degree in the specific specialty as a minimum for
entry into the United States.
What Is a Form I-129W?
Form I-129W, H-1B Data Collection and Filing Fee Exemption, is a
supplemental form designed by the INS to capture essential information
required for the adjudication of Form I-129, Petition for Nonimmigrant
Worker. The information captured on Form I-129W is required as a result
of the passage of three bills: The American Competitiveness and
Workforce Improvement Act of 1998, Public Law 105-277 (ACWIA); An Act
to increase the amount of fees charged to employers who are petitioners
for the employment of H-1B nonimmigrant workers, Public Law 106-311;
and the American Competitiveness in the Twenty-First Century Act,
Public Law 106-313 (AC21). The Form I-129W also captures information
required by the INS to compile reports required by Congress. The INS is
presently modifying Form I-129 in order to capture the information
requested on Form I-129W. When this effort is completed, the Form I-
129W will no longer be used. Once Form I-129 is revised, INS will
publish these proposed changes in a future edition of the Federal
Register for public comment in accordance with the requirements of the
Paperwork Reduction Act.
What Does This Notice Do?
This notice announces that as of April 13, 2001, the INS will only
accept December 18, 2000, versions of Form I-129W. Earlier versions of
the Form I-129W that are submitted after April 13, 2001 will not be
accepted. The INS will reject a Form I-129 that is not accompanied by
the correct version of Form I-129W.
Dated: March 23, 2001.
Mary Ann Wyrsch,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 01-7842 Filed 3-29-01; 8:45 am]
BILLING CODE 4410-10-M
