U.S. Citizenship and Immigration Services (USCIS) is withdrawing the proposed rule, Petitions for Aliens to Perform Nonagricultural Temporary Services or Labor (H-2B), published on January 27, 2005, in the Federal Register at 70 FR 3984. The rule proposed significant changes to USCIS' regulations that were designed to increase the effectiveness of the H-2B nonimmigrant visa classification while providing protections for U.S. workers. The H-2B nonimmigrant visa classification applies to foreign workers to perform nonagricultural temporary labor or services. The proposed rule would have established a one-step petition process for U.S. employers seeking H-2B temporary workers eliminating the need for U.S. employers to apply for a labor certification from the Department of Labor (DOL); required electronic filing of the Petition for a Nonimmigrant Worker, Form I- 129, within 60 days in advance of the requested employment start date; eliminated the use of agents as H-2B petitioners; and, established new management mechanisms allowing USCIS to maintain the integrity of the program. In light of the public's comments, USCIS is no longer moving forward with the proposed rule as designed and will publish a new proposed rule for public comments.
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