Sec. 214.2 (h)
(2) Petitions--
(i) Filing of petitions--
(A) General. A United States employer seeking to classify an alien as an H-1B, H-2A, H-2B, or H-3, temporary employee shall file a petition on Form I-129, Petition for Nonimmigrant Worker, only with the USCIS Service Center which has jurisdiction in the area where the alien will perform services, or receive training, even in emergent situations, except as provided in this section or as specifically designated by USCIS via notice in the Federal Register.
Sec. 101. [8
U.S.C. 1101]
(a) As used in this Act-
(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens
INA: ACT 214 - ADMISSION OF NONIMMIGRANTS
(c) (1) The question of importing any alien as a nonimmigrant under 10a/ subparagraph (H) , (L) , (O) , or (P)(i) of section 101(a)(15) (excluding nonimmigrants under section 101(a)(15)(H)(i)(b1) ) in any specific case or specific cases shall be determined by the Attorney General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition shall be made and approved before the visa is granted. The petition shall be in such form and contain such information as the Attorney General shall prescribe. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. For purposes of this subsectio n with respect to nonimmigrants described in section 101(a)(15)(H)(ii)(a) , the term "appropriate agencies of Government" means the Department of Labor and includes the Department of Agriculture. The provisions of section 218 shall apply to the question of importing any alien as a nonimmigrant under section 101(a)(15)(H)(ii)(a) .
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | Sec |
| Author | S. Tarragon |
| File Modified | 0000-00-00 |
| File Created | 2021-01-14 |