Filing Location for H-2A Petitions
Posted by Jeff Z. Xie on November 21, 2007 at 18:34:54
[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63621-63622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no07-85] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2433-07; DHS Docket No. USCIS-2007-0059]
RIN 1615-ZA63
Filing Location for H-2A Petitions AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This Notice announces that employers petitioning for temporary
or seasonal agricultural workers coming to the United States under the
H-2A nonimmigrant classification must file their petitions at U.S.
Citizenship and Immigration Service's California Service Center.
Receiving all H-2A 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 H-2A petitions. DATES: This Notice is effective December 10, 2007. 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) 272-8410. SUPPLEMENTARY INFORMATION: I. Background The H-2A 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) (H-2A classification
designation). As part of the process to obtain H-2A nonimmigrant
status, a U.S. employer must file Form I-129, ``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 I-129 filed under the H-2A
nonimmigrant classification (hereinafter ``H-2A petitions'') to its
California Service Center (CSC). See http://www.uscis.gov/files/pressrelease/H2AUpdate17Oct07.pdf.
USCIS also issued Form I-129 Supplemental Filing Instructions for filing H-2A 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 H-2A petitions either with USCIS' California Service Center (CSC)
or Vermont Service Center (VSC), depending on the location of the
temporary employment. See Form I-129 Instructions (Rev. 07/30/07), at
pages 13 through 16. The change in filing location of H-2A petitions to
the CSC was prompted by USCIS' establishment of a special unit at the
California Service Center dedicated to process all H-2A petitions.
USCIS believes that receiving all H-2A petitions at the designated CSC
address will help speed the fee-receipt, data-entry, and adjudication
processes. In so doing, USCIS will be able to reduce overall petition
processing times and better monitor the adjudication of H-2A petitions.
USCIS has been forwarding H-2A 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 H-2A
petitions filed at another service center. Instead, these petitions and
accompanying fees will be returned to the petitioner for proper filing. II. H-2A Filing Address at the CSC Beginning on December 10, 2007, employers must file H-2A petitions
at the following address in accordance with the Supplemental Filing
Instructions to Form I-129:
For Direct Mail: U. S. Citizenship and Immigration Services,
California Service Center, ATTN: H-2A Processing Unit, P.O. Box 10140,
Laguna Niguel, CA 92607-1040.
For non-United States Postal Service (USPS) deliveries (e.g.
private couriers): U.S. Citizenship and Immigration Services,
California Service Center, ATTN: H-2A Processing Unit, 24000 Avila
Road, Room 2312, Laguna Niguel, CA 92677.
An H-2A petition also can be electronically filed. Instructions for
electronically filing Form I-129 for the H-2A 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 104-13, 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 I-129 were submitted and approved by OMB. The
OMB Control Number for this information collection is 1615-0009. Dated: November 5, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-21984 Filed 11-8-07; 8:45 am] BILLING CODE 4410-10-P
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