INS on Sunset of H-1A Nonimmigrant Classification

HQ 214h-P

Sunset of the H-1A Nonimmigrant Classification

August 18, 1995

All Center Directors
Director, Service Center Operations
Director, HQAAO
All District Directors
All Officers-in-Charge
Office of Adjudications
(HQADN)

This memorandum clarifies our earlier memorandum dated August 15, 1995.

The sunset date for the filing of petitions for H-1A nonimmigrant classification is September 1, 1995. Under the statute, the Service is required to adjudicate all H-1A petitions filed on or before that date. (See Note 11 to section 101(a)(15)(H) of the INA). Accordingly, petitions for H-1A registered nurses which have been properly filed in accordance with 8 CFR 103.2 on or before September 1, 1995, should be adjudicated under the current statute and regulations. If approved, such petitions may be granted the period of time requested by the petitioner, notwithstanding the September 1, 1995 sunset date.

Requests for extensions of nonimmigrant stay which have been properly filed in accordance with 8 CFR 103.2 on or before September 1, 1995, should also be adjudicated under the current statute and regulations. If approved, such requests for extensions of stay may be granted for the approval period of the underlying H-1A petition.

Applications for change of nonimmigrant status which have been properly filed in accordance with 8 CFR 103.2 on or before September 1, 1995, should be adjudicated under the current statute and regulation. If approved, such applications for change of nonimmigrant status may be granted for the approval period of the underlying H-1A petition.

All new H-1A petitions, applications for extension of H-1A stay, and applications for change of nonimmigrant status to H-1A which are filed after September 1, 1995, should be held in abeyance until further notice.

For further information please contact John W. Brown, Adjudications officer, Headquarters Adjudications, at 202/514- 3240.

Michael L. Aytes
Acting Assistant Commissioner

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