Federal Register: November 9, 2007 (Volume 72, Number 217)
DOCID: fr09no07-85 FR Doc E7-21984
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
RIN ID: RIN 1615-ZA63
CIS ID: [CIS No. 2433-07; DHS Docket No. USCIS-2007-0059]
NOTICE: NOTICES
DOCID: fr09no07-85
ACTION: Immigration:
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
Filing Location for H-2A Petitions
DATES: This Notice is effective December 10, 2007.
DOCUMENT SUMMARY:
This Notice announces that employers petitioning for temporary or seasonal agricultural workers coming to the United States under the H2A nonimmigrant classification must file their petitions at U.S. Citizenship and Immigration Service's California Service Center. Receiving all H2A petitions at the designated California Service Center will enable U.S. Citizenship and Immigration Services to reduce overall petition processing times and better monitor the adjudication of H2A petitions.
SUMMARY:
H-2A nonimmigrant classification; employers petitioning for temporary or seasonal agricultural workers coming to U.S.,
SUPPLEMENTAL INFORMATION
I. Background
The H2A nonimmigrant classification applies to alien workers
coming to the United States temporarily to perform agricultural labor
or services of a temporary or seasonal nature. Immigration and Nationality Act (INA) sec. 101(a)(15)(H)(ii)(a), 8 U.S.C.
1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2) (H2A classification
designation). As part of the process to obtain H2A nonimmigrant
status, a U.S. employer must file Form I129, ``Petition for
Nonimmigrant Worker,'' on the workers'' behalf. On October 17, 2007,
U.S. Citizenship and Immigration Services (USCIS) announced that it was
centralizing the processing of Forms I129 filed under the H2A
nonimmigrant classification (hereinafter ``H2A petitions'') to its
California Service Center (CSC). See http://www.uscis.gov/files/pressrelease/H2AUpdate17Oct07.pdf. USCIS also issued Form I129
Supplemental Filing Instructions for filing H2A petitions at the CSC.
The October 17 announcement encouraged employers to begin filing H 2A petitions at the CSC address. Previously, employers were required to file H2A petitions either with USCIS' California Service Center (CSC) or Vermont Service Center (VSC), depending on the location of the temporary employment. See Form I129 Instructions (Rev. 07/30/07), at pages 13 through 16. The change in filing location of H2A petitions to the CSC was prompted by USCIS' establishment of a special unit at the California Service Center dedicated to process all H2A petitions. USCIS believes that receiving all H2A petitions at the designated CSC address will help speed the feereceipt, dataentry, and adjudication processes. In so doing, USCIS will be able to reduce overall petition processing times and better monitor the adjudication of H2A petitions.
USCIS has been forwarding H2A petitions to the CSC for processing if a
[[Page 63622]]
different service center received the petitions. However, after
December 10, 2007, USCIS will no longer continue to forward H2A
petitions filed at another service center. Instead, these petitions and
accompanying fees will be returned to the petitioner for proper filing. II. H2A Filing Address at the CSC
Beginning on December 10, 2007, employers must file H2A petitions at the following address in accordance with the Supplemental Filing Instructions to Form I129:
For Direct Mail: U. S. Citizenship and Immigration Services, California Service Center, ATTN: H2A Processing Unit, P.O. Box 10140, Laguna Niguel, CA 926071040.
For nonUnited States Postal Service (USPS) deliveries (e.g. private couriers): U.S. Citizenship and Immigration Services, California Service Center, ATTN: H2A Processing Unit, 24000 Avila Road, Room 2312, Laguna Niguel, CA 92677.
An H2A petition also can be electronically filed. Instructions for electronically filing Form I129 for the H2A classification is available on USCIS' Web site at http://www.uscis.gov. III. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 10413, 109 Stat. 163 (1995), all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any reporting or recordkeeping requirements. Accordingly, the supplemental instructions for the Form I129 were submitted and approved by OMB. The OMB Control Number for this information collection is 16150009.
Dated: November 5, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E721984 Filed 11807; 8:45 am]
BILLING CODE 441010P
FOR FURTHER INFORMATION CONTACT
Hiroko Witherow, Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3000, Washington, DC 20529, telephone (202) 2728410.