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June 02, 2005

USCIS Provides Instructions on Completing Part 2 of the Revised I-129 Form: H-1B

New I-129 / Part 2. The latest I-129 offers petitioners many more choices in Part 2 / #2 Basis for Classification than was previously the case. We would like to understand what each choice means from your perspective (which selection you would expect Petitioners to make) and also to understand which selections trigger the $500 fraud prevention and detection fee. It is our impression that the $500 fee is hard-wired to some of the Basis for Classification options. We would like to discuss what the six Classification options really mean.

a. New Employment

New employment for a classification that the beneficiary does not currently have. The fraud fee would be required for any new H-1B or L-1 employment. (If the new employment for a classification that the beneficiary has please use change of employer.)

b. Continuation of previously approved employment without change with the same employer

This should be annotation when the beneficiary currently has the employment and is just simply extending the employment with the same employer and same status and duties. The fraud fee not required.

c. Change in previously approved employment

Employment with the same employer the duties of the beneficiary have changed, but the classification is still the same. The fraud fee not required.

d. New concurrent employment

New employment with a different employer, for the same classification as the other employment. The fraud fee is required.

e. Change of employer

Employment with a new employer for the same classification. The fraud fee would be required.

f. Amended petition

Some material change, for the same employer, but the duties for the position and the classification remain the same. Fraud fee not required.

This alignment of questions currently comports to the CLAIMS system that we employ.

Posted by VisaLawyer at June 2, 2005 12:37 PM

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