Proposed Rule on H1B Petition Changes
Posted Oct 12, 1998

The proposed rule is published in the Federal Register. The proposal seeks to amend the Immigration and Naturalization Service's (Service) regulations to accommodate the needs of certain United States employers with respect to the filing of new and amended petitions for H1B nonimmigrant workers.

This rule was written in response to a number of complaints received from certain industries which asserted that the current H regulations contain requirements with which some U.S. employers cannot comply. In addition, the current regulations contain certain procedures which are burdensome to both the Service and to the public.

Specifically, this rule proposes to amend the Service's regulation with regard to the submission of itineraries with certain H1B petitions and to amend the Service's regulations regarding the H1B classification by allowing petitioners to obtain and submit the required certified labor condition application after the petition is initially filed with the Service, but before the petition is adjudicated. Finally, this rule proposes to amend the Service's regulation regarding the revocation of approved H petitions where the beneficiary is no longer employed by the petitioner. This rule will make the H1B nonimmigrant classification easier for certain U.S. employers to use and will make the requirements for the H1B nonimmigrant classification more consistent with the practices of the business world.

Written comments must be submitted on or before August 3, 1998.

Please submit written comments, in triplicate, to the Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 20536. To ensure proper handling, please reference the INS number 1769-96 on your correspondence. Comments are available for public inspection at the above address by calling (202) 514-3048 to arrange for an appointment.