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INS RELEASES PROPOSED NEW H VISA CLASSIFICATION FORM
The INS recently released the new version of the H classification form, to be used in all applications for H visas.  While the form is finalized, the INS has not announced the date at which it must be included in H visa petitions.  The form is five pages long, contrasted with the current two-page form, and asks for many more details both about the alien and the proposed employment.  It also requires the beneficiary’s signature as well as the employer’s, a change that has been met with much criticism.  
The form asks whether the petitioner is an H-1B dependent employer, and whether it has ever found to have committed a willful violation of the H-1B program.  It also provides for the exemption of aliens from the visa cap based on either an annual salary of at least $60,000 or possession of a master’s degree or higher. 
The form also seems to eliminate the need for the I-129W, which is used to determine whether the employer is exempt from the $500 fee.  It asks the same questions currently found on the I-129 W. 
The section to be completed by the beneficiary includes questions designed to ensure that the beneficiary was an active participant in creating the application.  The alien is required to attest that they provided the necessary personal information to the employer, and that they have reviewed the application for accuracy.  The beneficiary must also attest that they have been told that the employer cannot require them to pay the $500 fee.  The form asks about the alien’s current employment, and whether they have ever been denied H or L status. 
The form contains no significant changes to the questions applicable to the other H classifications. 
 
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