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DHS/USCIS RIN: 1615-AB68 Publication ID: Fall 2008 
Title: Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation  
Abstract: The Department of Homeland Security is amending its regulations governing petitions filed on behalf of alien workers subject to the annual numerical limitations applicable to the H nonimmigrant classification. This rule precludes a petitioner from filing more than one petition based on the H-1B nonimmigrant classification on behalf of the same alien temporary worker in a given fiscal year if the alien is subject to a numerical limitation. Additionally, this rule makes accommodations for petitioners seeking to file petitions on behalf of alien workers subject to the annual numerical limitation on the first day on which filings will be accepted for the next fiscal year. This rule also clarifies the treatment of H nonimmigrant petitions incorrectly claiming an exemption from the numerical limitations. Finally, the rule removes from the regulations unnecessary language regarding the annual numerical limitation applicable to the H-1B nonimmigrant classification. These changes are necessary to clarify the regulations and further ensure the fair and orderly adjudication of petitions subject to numerical limitations. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 214   
Legal Authority: 8 USC 1184   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  03/24/2008  73 FR 15389   
Interim Final Rule Effective  03/24/2008    
Interim Final Rule Comment Period End  05/23/2008    
Final Action  To Be Determined    
Additional Information: 2434-07
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Sophia Cox
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW., 2nd Floor,
Washington, DC 20529
Phone:202 272-1522
Email: sophia.cox@dhs.gov