DOL Notice on FY2005 H2B Labor Certifications Posted May 21, 2004 As reported in our March 19, 2004 MurthyBulletin article, H2B Cap Reached, available on MurthyDotCom, the H2B cap was reached for the first time ever in fiscal year (FY) 2004. This is a category that is completely separate from the H1B and should not be confused with cap issues related to H1B cases. The H2B category is a purely temporary category for seasonal or peak load workers. It is used fairly widely in businesses that cater to tourists, as well as other seasonal type work. The first step in applying for an H2B petition is to obtain approval of a labor certification, using Form ETA 750, Part A from the U.S. Department of Labor (DOL) Employment and Training Administration. Although the same form is used for this labor certification as for the permanent labor certification that is needed for green cards, the process is similar, but is separate from the "green card" process. Questions arose as to the timing of the filing of the necessary labor certification applications, as employers are anxious to file petitions for FY2005, which begins on October 1, 2004. In response, the DOL has issued a notice to confirm that the Form ETA 750, Part A for H2B cases may be filed only on or after June 1, 2004 for FY2005 cases. The ETA 750, Part A must be filed between 60 and 120 days before the H2B worker is needed. Therefore, it is important not to miss deadlines. Though this notice is instructive, it does not resolve any cap issues for this year or any future years. We encourage MurthyDotCom and MurthyBulletin readers who may need temporary H2B employees to contact their Senators and Representatives to request action on this important issue. © The Law Office of Sheela Murthy, P.C.
	Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Sheela Murthy or establish an attorney-client relationship. Copyright : Documents from this site may be printed as long as the copyright notices are included on the print-outs and the documents are not modified or altered.