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USCIS Reminds Sheepherding Industry that One-Time Accommodation Ends in January 2012

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.

Temporary Protected Status Re-registration Period for Honduran and Nicaraguan Nationals Ends Jan. 5, 2012

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.

Additional Prevailing Wage Update for H-2B

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.

USCIS Announces Changes to Stand-Alone I-130 Filing Locations

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.

DOL Publishes Adverse Effect Wage Rates for 2012

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.

Labor Dept. Advises Public on UPS Mail Schedule During Holidays

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.