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    I-129W, H-1B Data Collection and Filing Fee Exemption


    Purpose of Form: This form is an addendum to Form I-129, Petition for a Nonimmigrant Worker. It is used to collect information about the H-1B nonimmigrant worker and the H-1B petitioner (U.S. employer). It is also used to determine whether the H-1B petitioner is exempt from the additional filing fee of $1500 imposed by the American Competitiveness and Workforce Improvement Act (ACWIA).
    Number of Pages: 5
    Edition Date: 02/14/02. 12/18/00 also acceptable.
    Where to File: File this form with Form I-129 at the Service Center responsible for the state in which the employment or training will be performed.
    Filing Fee: The Consolidated Approprations Act of 2005 was enacted on December 8, 2004. The Act changed the ACWIA fee determined on Form I-129W. The fee is now $1500 in most cases. If you are an employer with no more than 25 Full-Time Employees as defined on the Form I-129W, the fee is $750.

    This fee is not yet reflected on the paper Form I-129W, however, you are responsible for submitting the correct fee.

Special Instructions:

    Question 4 of Part C of the Form has changed. The reference to Section 214(I)(1)(B) of the Immigration and Nationality Act is now a reference to Section 214(I)(1)(B) or (C) of the Act. USCIS is in the process of amending Form I-129W to reflect this change as well as the change in fee.

    This version of the I-129W, H-1B Data Collection and Filing Fee Exemption, is a fillable form. You should install Adobe Acrobat Reader version 5.0 to make best use of the fillable features of this form. You should also read our instructions regarding fillable forms.