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Posted by Louis F. Quijas, Assistant Secretary for the Office for State and Local Law Enforcement and January Contreras, Citizenship and Immigration Services Ombudsman

USCIS reminds the sheepherding industry of the upcoming expiration of the one-time accommodation giving them more time to fully transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification.

USCIS announced its limitation-of-stay requirements under a final rule that became effective on Jan. 17, 2009.

The agency granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry’s prior exemption from the three-year limitation. This exemption did not impact other H-2A categories.

USCIS executive summary from the 11/2/11 teleconference regarding the adjudication of J-1 Exchange Visitor waivers of the two-year foreign residence requirement.

USCIS published information on the number of Form N-400s pending between October 2009 and October 2011, including office locations, receipts, approvals, denials, and cases pending by fiscal year, as well as service-wide average cycle times.

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) reminds its customers that the open re-registration period for Temporary Protected Status (TPS) for nationals of Honduras and Nicaragua ends on Jan. 5, 2012. 

Secretary of Homeland Security Janet Napolitano extended TPS for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.

On December 23, 2011, the President signed into law the Consolidated Appropriations Act, 2012.  The legislation contains language prohibiting the Department from implementing the Wage Rule during the 2012 fiscal year.  Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after October 1, 2012. The Final Rule is accessible here.

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan.

The Department’s H-2A regulations at 20 CFR 655.120(l) provide that employers must pay their H-2A workers and workers in corresponding employment at least the highest of: (i) the Adverse Effect Wage Rate (AEWR); (ii) the prevailing wage; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage, if applicable; or (v) the Federal or State minimum wage, in effect at the time the work is performed.

United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011.

The Ombudsman's Office requests that customers submit Form DHS 7001 for all cases, including those related to applications for Employment Authorization Documents (EAD). Form DHS 7001 is required by the Ombudsman’s Office for compliance with applicable privacy rules.