[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74468-74470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25872]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2011-0108]
RIN 1601-ZA11
Identification of Foreign Countries Whose Nationals Are Eligible
To Participate in the H-2A and H-2B Nonimmigrant Worker Programs
AGENCY: Office of the Secretary, DHS.
ACTION: Notice.
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SUMMARY: Under Department of Homeland Security (DHS) regulations, U.S.
Citizenship and Immigration Services (USCIS) may generally only approve
petitions for H-2A and H-2B nonimmigrant status on behalf of nationals
of countries that the Secretary of Homeland Security, with the
concurrence of the Secretary of State, has designated by notice
published in the Federal Register. That notice must be renewed each
year. This notice announces that the Secretary of Homeland Security, in
consultation with the Secretary of State, is identifying 85 countries
whose nationals are eligible to participate in the H-2A program and 84
countries whose nationals are eligible to participate in the H-2B
program for the coming year.
DATES: Effective Date: The designation of these countries is effective
January 18, 2017, and shall be without effect at the end of one year
after January 18, 2017.
FOR FURTHER INFORMATION CONTACT: Timothy Simmons, Office of Policy,
Department of Homeland Security, Washington, DC 20528, (202) 447-4216.
SUPPLEMENTARY INFORMATION: Background: Generally, USCIS may approve H-
2A and H-2B petitions filed on behalf of nationals of only those
countries \1\ that the Secretary of Homeland Security, with the
concurrence of the Secretary of State, has designated as participating
countries. Such designation must be published as a notice in the
Federal Register and expires after one year. USCIS, however, may allow
a national from a country not on the list to be named as a beneficiary
of an H-2A or H-2B petition based on a determination that such
participation is in the U.S. interest. See 8 CFR 214.2(h)(5)(i)(F) and
8 CFR 214.2(h)(6)(i)(E).
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\1\ With respect to all references to ``country'' or
``countries'' in this document, it should be noted that the Taiwan
Relations Act of 1979, Public Law 96-8, Section 4(b)(1), provides
that ``[w]henever the laws of the United States refer or relate to
foreign countries, nations, states, governments, or similar
entities, such terms shall include and such laws shall apply with
respect to Taiwan.'' 22 U.S.C. 3303(b)(1). Accordingly, all
references to ``country'' or ``countries'' in the regulations
governing whether nationals of a country are eligible for H-2
program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR
214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent
with the United States' one-China policy, under which the United
States has maintained unofficial relations with Taiwan since 1979.
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In designating countries to include on the list, the Secretary of
Homeland Security, with the concurrence of the Secretary of State, will
take into account factors including, but not limited to: (1) The
country's cooperation with respect to issuance of travel documents for
citizens, subjects, nationals, and residents of that country who are
subject to a final order of removal; (2) the number of final and
unexecuted orders of removal against citizens, subjects, nationals, and
residents of that country; (3) the number of orders of removal executed
against citizens, subjects, nationals, and residents of that country;
and (4) such other factors as may serve the U.S. interest. See 8 CFR
214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1). Examples of
factors serving the U.S. interest that could result in the non-
inclusion of a country or the removal of a country from the list
include, but are not limited to, fraud, abuse, and non-compliance with
the terms and conditions of the H-2 programs by nationals of that
country.
In December 2008, DHS published in the Federal Register two
notices, ``Identification of Foreign Countries Whose Nationals Are
Eligible to Participate in the H-2A Visa Program,'' and
``Identification of Foreign Countries Whose Nationals Are Eligible to
Participate in the H-2B Visa Program,'' which designated 28 countries
whose nationals are eligible to participate in the H-2A and H-2B
programs. See 73 FR 77043 (Dec. 18, 2008); 73 FR 77729 (Dec. 19, 2008).
The notices ceased to have effect on January 17, 2010 and January 18,
2010, respectively. See 8 CFR 214.2(h)(5)(i)(F)(2) and 8 CFR
214.2(h)(6)(i)(E)(3). In implementing these regulatory provisions, the
Secretary of Homeland Security, with the concurrence of the Secretary
of State, has published a series of notices on a regular basis. See 75
FR 2879 (Jan. 19, 2010) (adding 11 countries); 76 FR 2915 (Jan. 18,
2011) (removing Indonesia and adding 15 countries); 77 FR 2558 (Jan.
18, 2012) (adding 5 countries); 78 FR 4154 (Jan. 18, 2013) (adding 1
country); 79 FR 3214 (Jan.17, 2014) (adding 4 countries); 79 FR 74735
(Dec. 16, 2014) (adding 5 countries); 80 FR 72079 (Nov. 18, 2015)
(removing Moldova from the H-2B program and adding 16 countries).
The Secretary of Homeland Security has determined, with the
concurrence of the Secretary of State, that 84 countries previously
designated in the November 18, 2015 notice continue to meet the
standards identified in that notice for eligible countries and
therefore should remain designated as countries whose nationals are
eligible to participate in the H-2A program. Additionally, the
Secretary of Homeland Security has determined, with the concurrence of
the Secretary of State, that 83 countries previously designated in the
November 18, 2015 notice continue to meet the standards identified in
that notice for eligible countries and therefore should
[[Page 74469]]
remain designated as countries whose nationals are eligible to
participate in the H-2B program.
Further, the Secretary of Homeland Security, with the concurrence
of the Secretary of State, has determined that it is now appropriate to
add one country whose nationals are eligible to participate in the H-2A
and H-2B programs. This determination is made taking into account the
four regulatory factors identified above. The Secretary of Homeland
Security also considered other pertinent factors including, but not
limited to, evidence of past usage of the H-2A and H-2B programs by
nationals of the country to be added, as well as evidence relating to
the economic impact on particular U.S. industries or regions resulting
from the addition or continued non-inclusion of specific countries. In
consideration of all of the above, this notice designates for the first
time St. Vincent and the Grenadines as a country whose nationals are
eligible to participate in the H-2A and H-2B programs.
Designation of Countries Whose Nationals Are Eligible To Participate in
the H-2A and H-2B Nonimmigrant Worker Programs
Pursuant to the authority provided to the Secretary of Homeland
Security under sections 214(a)(1), 215(a)(1), and 241 of the
Immigration and Nationality Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and
1231), I am designating, with the concurrence of the Secretary of
State, nationals from the following countries to be eligible to
participate in the H-2A nonimmigrant worker program:
Andorra
Argentina
Australia
Austria
Barbados
Belgium
Belize
Brazil
Brunei
Bulgaria
Canada
Chile
Colombia
Costa Rica
Croatia
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Finland
France
Germany
Greece
Grenada
Guatemala
Haiti
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Japan
Kiribati
Latvia
Lichtenstein
Lithuania
Luxembourg
Macedonia
Madagascar
Malta
Mexico
Moldova
Monaco
Montenegro
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Panama
Papua New Guinea
Peru
The Philippines
Poland
Portugal
Romania
Samoa
San Marino
Serbia
Singapore
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Spain
St. Vincent and the Grenadines
Sweden
Switzerland
Taiwan
Thailand
Timor-Leste
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
Pursuant to the authority provided to the Secretary of Homeland
Security under sections 214(a)(1), 215(a)(1), and 241 of the
Immigration and Nationality Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and
1231), I am designating, with the concurrence of the Secretary of
State, nationals from the following countries to be eligible to
participate in the H-2B nonimmigrant worker program:
Andorra
Argentina
Australia
Austria
Barbados
Belgium
Belize
Brazil
Brunei
Bulgaria
Canada
Chile
Colombia
Costa Rica
Croatia
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Finland
France
Germany
Greece
Grenada
Guatemala
Haiti
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Japan
Kiribati
Latvia
Lichtenstein
Lithuania
Luxembourg
Macedonia
Madagascar
Malta
Mexico
Monaco
Montenegro
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Panama
Papua New Guinea
Peru
The Philippines
Poland
Portugal
Romania
Samoa
San Marino
Serbia
Singapore
Slovakia
Slovenia
Solomon Islands
South Africa
[[Page 74470]]
South Korea
Spain
St. Vincent and the Grenadines
Sweden
Switzerland
Taiwan
Thailand
Timor-Leste
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold
valid H-2A or H-2B nonimmigrant status. Persons currently holding such
status, however, will be affected by this notice should they seek an
extension of stay in H-2 classification, or a change of status from one
H-2 status to another. Similarly, persons holding nonimmigrant status
other than H-2 status are not affected by this notice unless they seek
a change of status to H-2 status.
Nothing in this notice limits the authority of the Secretary of
Homeland Security or his or her designee or any other federal agency to
invoke against any foreign country or its nationals any other remedy,
penalty, or enforcement action available by law.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-25872 Filed 10-25-16; 8:45 am]
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