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DOL/ETA RIN: 1205-AB38 Publication ID: Fall 2005 
Title: Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Attestations Re H-1B1 Visas for Chile and Singapore 
Abstract: The Department of Labor has amended its regulations relating to the temporary employment of foreign professionals to implement procedural requirements applicable to a new visa category - the H-1B1 visa. Congress created the new visa category as part of its approval of the Chile-United States Free Trade Agreement and the Singapore-United States Free Trade Agreement. Under the implementing legislation, DOL’s responsibilities regarding H-1B1 visas are to be implemented in a manner similar to the existing H-1B program for temporary employment in specialty occupations and as fashion models. Under the regulatory procedures established by this Interim Final Rule, employers in the United States seeking to temporarily employ foreign professionals in specialty occupations through H-1B1 visas must file a labor condition application with the Department of Labor making the same attestations regarding payment of prevailing wages, working conditions, absence of strikes or lockouts, and notice to other employees that employers currently make when seeking entry of a foreign worker under the H-1B program. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 20 CFR 656   
Legal Authority: 8 USC 1101(a)(15)(H)(:)(b1) and 1184 (g)(8)(A)    PL 108-77 sec 402    PL 108-78 sec 402   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  11/23/2004  69 FR 68222   
Interim Final Rule Effective  11/23/2004    
Interim Final Rule Comment Period End  01/24/2005    
Final Rule  02/00/2006    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Leticia Sierra
Acting Chief, Division of Foreign Labor Certification
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW., Room C4312, FP Building,
Washington, DC 20210
Phone:202 693-3010
Fax:202 693-2768
Email: sierra.leticia@dol.gov