DOS Cable on Processing H-1A Visa Applications

Unclass State 197031

Visas INS for JAUCHTENBURG

E.O. 12356: N/A
TAGS: CVIS
Subject: Processing H-1A Visa Applications

1. While the authority to file H-1A petitions will expire on September 1, 1995. Unless extended by the Congress through a further legislative enactment, the applicable Sunset provision -- Section 3 (D) of the Immigration Nursing Relief Act of 1989 -- applies only to the filing of H-1A petitions. It does not limit in any way either the authority of the INS to adjudicate such a petition after September 1, 1995, provided the petition was filed prior to that date, or the validity period of the petition, if approvable.

2. Accordingly, Consular Officers receiving applications for H- 1A visas may continue to issue such visas to the applicants, if they are otherwise eligible to receive a visa, for the normal period of validity specified on the face of the approval notice or the maximum period authorized by reciprocity, whichever is shorter.

Christopher

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