March 23, 2012
U.S. Citizenship and Immigration Services (USCIS) announced this week that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders who have reached their maximum three-year period of stay to depart the United States by Aug. 16, 2012, and remain outside the country for at least three months before petitioning for H-2A classification again.
The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs. H-2A nonimmigrant workers are subject to a three-month departure requirement once they have been in the United States in an H-2A status for a maximum three-year period.
USCIS announced its limitation of stay requirements under a final rule that became effective on Jan. 17, 2009. The agency granted an accommodation for H-2A sheepherders in December 2009 in deference to prior practice exempting them from the three-year limitation.
Some petitioners may have had a Form I-129, Petition for a Nonimmigrant Worker, denied solely on the basis that the H-2A sheepherder had exceeded the three-year limitation of stay. Affected petitioners may request that USCIS reopen these cases on a Service Motion by sending an email to firstname.lastname@example.org
with 'H-2A Sheepherder Service Motion Request' in the subject line. Requests will be accepted through April 20.