US Citizenship and Immigration Services (USCIS) announced this week in the Federal Register a proposed rule that would significantly change the H-2B program.  The H-2B nonimmigrant work visa provides a method for US employers and agents to obtain the services of foreign nationals to fill temporary needs for additional workers.  Among other things, the new rule would: 

• Establish a one-step petition process for U.S. employers seeking H-2B temporary workers,
• Require electronic filing of the Petition for Nonimmigrant Worker (Form I-129) in most cases,
• With limited exceptions, eliminate the need for U.S. employers to obtain a labor certification from the Department of Labor, and
• Establish new management tactics. 

Under the proposed one-step process most employers will no longer be required to file for a labor certification from the Labor Department before filing a petition with the Department of Homeland Security.  In the future, most employers will file a petition directly with Homeland Security after conducting their recruitment for U.S. workers. 

These regulations are only proposals for public consideration and comment.  Existing H-2B regulations and policies remain in force until further notice.  The issuance of these proposed regulations does not change the statutory cap of 66,000 H-2B nonimmigrant visas, which are available each fiscal year.  The cap for FY 2005 was met on January 3^rd. 

The public is invited to submit comments regarding these provisions until February 26, 2005.  The entire proposed rule can be read on the Federal Register website at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1240.htm, along with a companion regulation published by the Department of Labor at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1222.htm.