|
|
|
|
SUBSCRIBE
The leading Copyright |
[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Notices]
[Page 58961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-112]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Supplemental Guidance for Labor Certification Process for
Temporary Employment of Nonimmigrant Workers in the United States (H-2B
Workers); Fiscal Year (FY) 2005
AGENCY: Employment and Training Administration (ETA), Department of
Labor (DOL).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On March 10, 2004, the United States Citizenship and
Immigration Services (CIS) announced receiving sufficient H-2B
petitions to reach the FY 2004 Congressionally mandated cap of 66,000.
In light of CIS' announcement, ETA published a Federal Register notice
on May 13, 2004 to provide guidance to the public regarding ETA's
processing of H-2B applications that will count against the FY 2005
cap. ETA is publishing this notice to provide additional guidance due
to the number of inquiries and questions that have arisen. This notice
is intended to minimize confusion and burden to employers who use the
H-2B program.
DATES: This notice is effective October 1, 2004.
FOR FURTHER INFORMATION CONTACT: William Carlson, Chief, Division of
Foreign Labor Certification, U.S. Department of Labor, Room C-4312, 200
Constitution Avenue, NW., Washington, DC 20210. Telephone: 202-693-3010
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: DOL has continued to process alien labor
certification applications since March 10, 2004, and many employers are
in possession of a valid labor certification that has not been accepted
by CIS for processing. CIS has advised that their practice has been to
accept the H-2B labor certifications with periods of employment that
cross fiscal years so long as some portion of the employment period
remains. Employers with a valid H-2B labor certification with a date of
need prior to October 1, 2004, but that includes periods of planned
employment after October 1, 2004, are encouraged to file H-2B labor
certifications with CIS if some portion of the employment period
remains.
ETA will continue to process new H-2B applications with dates of
need within FY 2005 (that is, starting October 1, 2004 or later). For
these new applications, employers must continue to follow existing
filing rules, including regarding the timing of filing with the State
Workforce Agency (SWA). Thus, employers must file a new H-2B
application with the appropriate SWA no earlier than 120 days before
the date of need and at least 60 days before the date of need.
The procedures described in this notice relate only to H-2B
applications for nonimmigrant workers subject to the numerical
limitation (cap) for FY 2005 and who will be engaged in temporary work
to commence on or after October 1, 2004.
Signed at Washington, DC, this 28th day of September, 2004.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 04-22059 Filed 9-30-04; 8:45 am]
BILLING CODE 4510-30-P
 Share this page | Bookmark this page | Linked  Attorneys
 Stumble It! |  Add to del.icio.us |  Digg this!
The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995- American Immigration LLC, ILW.COM |