When did the new fee take effect?

The H-1B $500 fraud detection and prevention fee applies to all H petitions for new employment or change of employer received by the Citizenship and Immigration Services processing center on or after March 8, 2005. Petitions for H-1 extension or amendment with the same employer will be exempt from the fee. U.S. Citizenship and Immigration Services requires that this fee be paid in addition to the regular H filing fee and, when applicable, in addition to the elective "premium processing fee." The fee was part of the Consolidated Appropriations Act of 2005, signed into law by the President in December 2004.


What does this mean for NJIT's Post Docs and Researchers?

The employee cannot pay the fee either directly or through salary deduction. U.S. Citizenship and Immigration Services considers this fee to be an employer business expense that cannot to be passed on to the alien beneficiary (employee).

In addition, research funds cannot be used for the purpose of paying application fees or the anti-fraud fee.

A faculty sponsor or department, laboratory, or center can only sponsor an employee for an H-1B visa if the $500 fee can be paid (using unrestricted funds, discretionary funds, or other sources meeting these guidelines). An Institute check for $500, payable to Department of Homeland Security, should be submitted with the other required application documents.

H-1B sponsorship may not be the only option available to some researchers. Alternatives, such as the J-1 visa need to be discussed on a case-by-case basis with an Office of International Students and Faculty advisor. Please call 973-596-2451, or, fax to 973-596-5450.