November 24, 2004

FY2005 H-2B Cap Being Used Quickly

US Citizenship and Immigration Services (USCIS) has announced that as of the beginning of the month it had received 33,153 H-2B petitions against the fiscal year (FY) 2005 annual cap of 66,000. The FY2005 cap ends on September 30, 2005.

The H-2B classification allows employers to fill seasonal, intermittent, or temporary one-time labor requirements in nonagricultural sectors including construction, health care, education, entertainment, sports and timber.

Half of the FY2005 H-2B cap subject petitions were received in October, which is the first month of the fiscal year. Therfore, it would be wise to file any needed petitions immediately. Also, please be advised that a labor certification approval by the USDOL (Department of Labor) for the offered position must be obtained before any H-2B petition can be filed with the USCIS. Therefore, and after our office receives complete information, it is a two step process that usually requires a 30 to 60 day time period before a decision on the case can be made by USCIS.

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