[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Notices]
[Pages 25870-25871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12448]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS 1926-98]


Fiscal Year 1998 Numerical Limitation Reached for H-1B 
Nonimmigrants

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The Immigration Act of 1990 (IMMACT), provided that beginning 
with fiscal year 1992, the total number of aliens who may be issued 
visas under the H-1B category during any fiscal year could not exceed 
65,000. Based on all available data, the 65,000 limit has been reached 
for fiscal year 1998. This notice describes the procedures the Service 
will use for processing H-1B petitions for new or initial employment in 
the remainder of fiscal year 1998.

DATES: This notice is effective May 11, 1998.

FOR FURTHER INFORMATION CONTACT: John W. Brown, Adjudications Officer, 
Adjudications Division, Immigration and Naturalization Service, 425 I 
Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-3240.

SUPPLEMENTARY INFORMATION:

Background

    Section 205 of the Immigration Act of 1990 (IMMACT), Public Law 
101-649, dated November 29, 1990, imposed a 65,000 numerical limitation 
beginning in fiscal year 1992 on the number of aliens who could be 
accorded H-1B nonimmigrant status in a fiscal year.
    The regulation at 8 CFR 214.2(h)(8)(ii)(E) provides that ``If the 
total numbers available in a fiscal year are used, new petitions and 
the accompanying fee shall be rejected and returned with a notice that 
numbers are unavailable for the particular nonimmigrant classification 
until the beginning of the next fiscal year.''

Which H-1B Petitions Will Be Affected by This Notice?

    H-1B petitions filed for new or initial employment for the 
remainder of fiscal year 1998 will be affected by this notice as well 
as petitions pending with the Service on the date of this notice.

[[Page 25871]]

Which H-1B Petitions Will Not Be Affected by This Notice?

    Petitions filed for sequential H-1B employment, concurrent H-1B 
employment, extension of H-1B stay, and amended H-1B petitions are not 
affected by this notice.
    Sequential employment is where an alien assumes one H-1B position 
after another. For example, an H-1B chemist completes his or her 
assignment with ``Company A'' and then assumes a new position the very 
next day as an H-1B chemist with ``Company B''.
    Concurrent employment is where an alien holds two H-1B positions at 
the same time. For example, an H-1B computer system analyst works for 
``Company A'' full-time during the week and works for ``Company B'' 
part-time on the weekends.
    An extension of stay is where the alien's current employer submits 
a petition to extend the alien's temporary stay.
    An amended petition is where there has been a change in the 
conditions of the alien's employment, but the alien remains employed by 
the same petitioner.

How Will H-1B Petitions Submitted For New or Initial Employment for 
Fiscal Year 1998 be Processed?

    Based on 8 CFR 214.2(h)(8)(ii)(E), the Service will return, with 
fee, any H-1B petition filed with the Service on or after the date of 
this notice for new or initial employment in fiscal year 1998. The 
petitioner will be advised in a notice to either resubmit the petition 
when numbers are available on October 1, 1998, or to resubmit the 
petition and request employment commencing on or after October 1, 1998.
    In the case of those petitions pending with the Service on the date 
of this notice, the Service will contact the petitioner or the attorney 
of record and advise him or her that the 65,000 limit has been reached. 
The petitioner will then be given the option of either withdrawing the 
petition or requesting that the Service change the date of the 
beneficiary's intended employment to on or after October 1, 1998, the 
beginning of fiscal year 1999, when H-1B numbers will again become 
available.

How Will H-1B Petitions Submitted For New or Initial Employment 
Beginning in Fiscal Year 1999 be Processed?

    H-1B petitions filed for employment commencing on or after October 
1, 1998, which is the beginning of fiscal year 1999, are not affected 
by the procedures described in this notice and those petitions will be 
adjudicated when received by the Service.

What Will Happen if the Numerical Limitation is Raised by Congress?

    The Congress is currently considering whether to raise the 
numerical limit for fiscal year 1998. The procedures described in this 
notice will be modified if the limit is raised through legislation 
enacted by the Congress and signed by the President.

    Dated: May 6, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-12448 Filed 5-8-98; 8:45 am]
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