[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Notices]
[Pages 2558-2559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-870]
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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 approve petitions for
H-2A and H-2B nonimmigrant status only for 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 58 countries whose nationals are
eligible to participate in the H-2A and H-2B programs for the coming
year. New countries on this year's list include Haiti, Iceland,
Montenegro, Spain, and Switzerland.
DATES: Effective Date: This notice is effective January 18, 2012, and
shall be without effect at the end of one year after January 18, 2012.
FOR FURTHER INFORMATION CONTACT: Francis Cissna, Office of Policy,
Department of Homeland Security, Washington, DC 20528, (202) 447-3835.
SUPPLEMENTARY INFORMATION:
Background: USCIS generally may approve H-2A and H-2B petitions
only for nationals of countries 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 may, however, 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).
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).
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 77,043 (Dec. 18, 2008); 73 FR 77,729 (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).
To allow for the continued operation of the H-2A and H-2B programs,
the Secretary of Homeland Security published, with the concurrence of
the Secretary of State, a notice in the Federal Register on January 19,
2010, ``Identification of Foreign Countries Whose Nationals Are
Eligible to Participate in the H-2A and H-2B Programs.'' The notice
provided for the continued eligibility of the 28 countries initially
listed in the Federal Register notices of December 18 and December 19,
2008, and added 11 additional countries. See 75 FR 2,879 (Jan. 19,
2010). A notice in the Federal Register on January 18, 2011,
``Identification of Foreign Countries Whose Nationals Are Eligible to
Participate in the H-2A and H-2B Programs,'' provided for the continued
eligibility of 38 of the countries listed in the 2010 notice, removed
Indonesia from the list, as Indonesia was not meeting the standards set
forth in the regulation, and added 15 countries. See 76 FR 2,915 (Jan.
18, 2011).
The Secretary of Homeland Security has determined, with the
concurrence of the Secretary of State, that the 53 countries previously
designated in the January 18, 2011 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 and H-2B programs. Further, the
Secretary of Homeland Security, with the concurrence of the Secretary
of State, has determined that it is now appropriate to add five
additional countries to the list of countries whose nationals are
eligible to participate in the H-2A and H-2B programs. This
determination is made taking into account the four 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 countries 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 Haiti, Iceland,
Montenegro, Spain, and Switzerland as countries 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), and 215(a)(1) and 241 of the
Immigration and Nationality Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and
1231), I have designated, with the concurrence of the Secretary of
State, that nationals from the following countries are eligible to
participate in the H-2A and H-2B non-immigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Haiti
Honduras
Hungary
Iceland
Ireland
Israel
Jamaica
[[Page 2559]]
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Montenegro
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Spain
Switzerland
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 at the time they seek
an extension of stay in H-2 classification, or a change of status from
another non-immigrant status to H-2 status, or a change of status from
H-2A to H-2B (and vice-versa).
Nothing in this notice limits the authority of the Secretary of
Homeland Security 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.
Janet Napolitano,
Secretary.
[FR Doc. 2012-870 Filed 1-17-12; 8:45 am]
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