WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions.

Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

The normal (non-premium processing) adjudication time frame for H-2B petitions is 60 days.  USCIS will make visa numbers available to petitions in the order in which the petitions are filed.  However, because H-2B petitions (Form I-129) for fiscal year 2009 visas must be received, evaluated, and adjudicated on or before the fiscal year 2009 deadline of Sept. 30, 2009, USCIS cannot guarantee approval of any H-2B petition on or before the Sept. 30, 2009 deadline.  Employers therefore are encouraged to file as soon as possible and to request premium processing by filing a Form I-907 and submitting the $1000 premium processing fee, which will allow for expedited adjudication.  See http://www.uscis.gov/premiumprocessing.

To qualify for a fiscal year 2009 H-2B cap number, employers must:

• Submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition.

The petitioner must also indicate an employment start date before Oct. 1, 2009.

Petitions received on or after Oct. 1, 2009, and/or requesting a starting date on or after Oct. 1, 2009, will be considered towards the fiscal year 2010 H-2B cap and are subject to all eligibility requirements for fiscal year 2010 H-2B filings, including 8 CFR 214.2(h)(6)(iv)(D), which requires that the start date listed on the petition be the same as the starting date authorized on the temporary labor certification.

The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs for which there is a shortage of available U.S. workers. Typically, H-2B workers fill labor needs in occupational areas such as education, construction, health care, landscaping,  manufacturing, food service/processing, and resort/hospitality services.

For more information about this reopening of the H-2B fiscal year 2009 filing period, please see the related list of questions and answers. More information about the H-2B visa program is available in the USCIS guide, “How Do I Hire a Foreign National for Short-Term Employment in the United States,” please see Related Links on the right of this page or by calling USCIS’ National Customer Service Center at 1-800-375-5283.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) and the National Archives and Records Administration took a major step today for personal, historical and genealogical research with a formal schedule to begin the transfer of alien registration files (A-files) for permanent retention at the National Archives.  Archival processing of approximately 135,000 files could be completed by next summer and available for public access.

The schedule was formalized in a signing ceremony at the National Archives in Washington.  Gregory B. Smith, Associate Director, USCIS and Chief, National Security and Records Verification Directorate, delivered the first files to Adrienne Thomas, Acting Archivist of the United States, who signed the new schedule.

“Immigration is one of the most significant aspects of the American experience,” said Smith.  The information contained in the A-file is unique.  No other type of case file contains the same level of comprehensive personal data…especially concerning the alien’s interaction with USCIS and the former Immigration and Naturalization Service, and their request for resident status and/or citizenship.  This ensures that the records contained within the A-File will be retained forever in our National Archives – preserving a rich and important part of America’s immigration history.”

“These A-files are a key to unlocking the fascinating stories of millions of people who traveled to the United States in search of opportunity,” added Thomas.  “The National Archives is delighted that it will be able to safeguard the unique and important stories of brave men and women who left their homelands in search of a better life.”

The A-file is a series of records consisting of numbered files used to document the complete history of the interaction between an alien and the U.S. government.  The file is unique in that it not only contains routine demographic information, but may also include photographs, foreign birth certificates, marriage licenses, interview transcripts or actual recordings, and more.  Currently, USCIS maintains approximately 53 million A-files; of these, about 21 million have been retired to a Federal Records Center.

Previously, the A-file was considered a ‘temporary record’ and could possibly have been disposed of 75 years from the date the file was retired to a Federal Records Center or 75 years from the date of last action.  Now, the A-file becomes a permanent record which will transfer to National Archives custody 100 years from the individual’s date of birth.  Newly-eligible files will be transferred to the National Archives every five years.

After transfer to the National Archives, the majority of files will be housed at the National Archives in Kansas City.  Files on immigration through the port of San Francisco will be housed at the National Archives in San Francisco.  Once these records have been transferred, they will be available in the research rooms at these two National Archives facilities.  Copies will also be available through the mail.

Additional immigration-related information and links to resources geared specifically for genealogical research is available online from the Related Links of this page.