The Department of Labor is proposing regulations to implement recent legislation and clarify existing Departmental rules relating to the temporary employment in the United States of nonimmigrants under H- 1B visas. Specifically, the Department publishes this notice of proposed rulemaking to obtain public comment on issues to be addressed in regulations to implement changes made to the Immigration and Nationality Act (INA) by the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). For certain of these ACWIA issues, the Department is proposing regulatory language for comment; for other issues, the Department is identifying concerns and its proposed approach to addressing them or alternative approaches, on all of which comments are requested. In addition, the Department is providing an opportunity for additional comments on certain provisions which were previously published for comment as a Proposed Rule in 1995 (60 FR 55339). The Department is also proposing to modify regulations to implement an ACWIA provision which modifies the methodology for the determination of the prevailing wage under the Permanent Labor Certification program (20 CFR Part 656), but is not proposing specific regulatory text at this time. This methodology is also applicable to prevailing wages for the H-1B program. The Department is working in close cooperation with the Immigration and Naturalization Service (INS) in developing these regulations, since certain definitions and terms must be consistently applied by the two agencies in their respective regulations. After receiving public comments on this notice of proposed rulemaking, the Department plans to publish an Interim Final Rule (inviting further comment) and a Final Rule (after reviewing all the comments received).
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