Temporary Alien Workers Seeking H-1B Classification Under the Immigration and Nationality Act

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This final rule implements certain provisions of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA) by establishing petitioning procedures for H-1B nonimmigrants and new eligibility criteria for foreign physicians seeking employment in the medical professions in the United States. This rule contains the new procedures required by the legislation and makes Service policy consistent with the intent of Congress. This rule sets forth the new filing procedures and eligibility standards and clarifies for businesses, academic institutions, and the general public the requirements for classification and admission under section 101(a)(15)(H) of the Immigration and Nationality Act (ACT).