January 5, 2005

H-2B Cap Reached on 1/03/05

The USCIS has officially announced in a press release dated January 3, 2005 that it received sufficient numbers of H-2B petitions to reach the FY05 H-2B cap of 66,000. Any cap-subject H-2B petitions received after January 3, 2005 will be rejected. The next available start date for cap-subject H-2B petitions is October 1, 2005. We at Greenberg Traurig are working through the Essential Worker Immigration Coalition to help find a legislative remedy to the cap.

The H-2B classification applies to aliens who perform nonagricultural service or labor of a temporary or seasonal nature, other than graduates of medical schools who provide medical services, if unemployed persons capable of performing such work cannot be found in the United States. This classification requires a temporary labor certification issued by the Department of Labor (DOL) or the Government of Guam, or a notice from one of these agencies that such a certification cannot be made, prior to the filing a petition with USCIS to confer H-2B status.