DOL on H-1B DOT Three-Digit Groups Codes

Dear Mr. Dance:

This is in response to your letter of July 21, 1994 to Assistant Secretary Ross concerning the use of three-digit occupational groups codes from the Dictionary of Occupational Titles (DOT) in the context of the H-1B program for nonimmigrant professionals in specialty occupations.

You indicate that you recently filed a labor condition application which designated the occupational groups code as 163, Sales and Distribution Management Occupations. This three-digit code, although not appearing in the appendix to the interim final rule published in the Federal Register on January 13, 1992 (57 FR 1316), does in fact appear in the DOT as a valid three-digit code. When the Department of Labor (Department) prepared the appendix to the interim final rule, a number of valid occupational codes were inadvertently left out (e.g., 141, 162, and 163). Some occupational codes, however, are clearly not appropriate for H-1B classification, such as Registered Nurses (075), which are specifically excluded from the H-1B category by statute, and occupations in athletics and sports (153), which more appropriately fall under the O and P nonimmigrant visa classifications. It should be noted that the three-digit occupational groups code is for Departmental tracking purposes only.

Although merely the result of an oversight, codes which did not appear in appendix to the interim final rule are not recognized by the Department's automated labor condition application tracking system, and thus automatically prompt a rejection letter when entered by regional staff members.

The Departmental developed a proposed rule to amend the H-1B regulations which was published in the Federal Register on October 6, 1993 (58 FR 52152). Appendix 2 to the proposed rule, on page 52164, includes a number of occupational codes including 163, which did not appear in the appendix to the interim final rule. Subject to comments received in response to the proposed rule, as they relate to the revised list, the Departmental expects the appendix to the final rule to include additional three-digit occupation groups codes which when it is published in the Federal Register. The Department expects to publish the final rule sometime in October of 1994.

I hope this information is helpful to you.

Flora T. Richardson

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