Federal Regulatory Changes for H-1B Employment

Joseph Glover, Interim Provost

There are two changes in Federal Regulations which will impact UF in the hiring of foreign nationals in the H-1B classification. Specific citations of the regulatory changes are posted on the UFIC web site at www.ufic.ufl.edu/ifss/immigration_compliance.htm. The two changes are briefly explained below:

1. Anti-Fraud Fee: Effective March 8, 2005, all initial H-1B petitions must include payment of an additional $500 to cover a new anti-fraud fee implemented by legislation. This fee does not apply to dependents, nor does it appear to apply to amendment or extension petitions. Regulations require the petitioner to pay the fee. UF departments and units are the petitioner in the H1-B petitions. Each H-1B petition, as of 3/08/05 must include this $500 payment. Please refer to the UFIC website for information fee payment: www.ufic.ufl.edu/ifss/immigration_compliance.htm. Petitions will be accepted by UFIC until 02/28/2005 without the $500 fee. Any petitions after 03/01/2005 must have the $500 fee included in the petition.

2. Changes to prevailing Wage Rules: In the past, UF was to pay 95% of the prevailing wage for H-1B hires. As of March 8, 2005, 100% either the prevailing wage or actual wage (whichever is higher) must be paid to H-1B employees. Petitions will be accepted until 02/28/2005 with 95% of the prevailing wage. Any petitions after 03/01/2005 must have indicated 100% of the prevailing wage or actual wage (whichever is higher). Here is the link to the new legislation: www.nafsa.org/content/ProfessionalandEducationalResources/ImmigrationAdvisingResources/pa2004h.htm.

If you have questions about either of these changes please contact Pynie A. Gonzales (352) 392-5323 ext. 650 or email pgonzales@ufic.ufl.edu or Lynn Frazier (352)392-5323 x502 or email lfrazier@ufic.ufl.edu.