81 FR 74468 - Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs
DEPARTMENT OF HOMELAND SECURITY Federal Register Volume 81, Issue 207 (October 26, 2016)
Federal Register Volume 81, Issue 207 (October 26, 2016)
| Page Range | 74468-74470 | |
| FR Document | 2016-25872 |
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)] [Notices] [Pages 74468-74470] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25872] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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] BILLING CODE 9110-9M-P
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the current funding available for the Services (USCIS) may generally only residents of that country who are subject
Fire Prevention and Safety grants and approve petitions for H–2A and H–2B to a final order of removal; (2) the
recommended to increase the available nonimmigrant status on behalf of number of final and unexecuted orders
funding from 10% to 15% of the overall nationals of countries that the Secretary of removal against citizens, subjects,
appropriated amount. FEMA was unable of Homeland Security, with the nationals, and residents of that country;
to accept that recommendation due to concurrence of the Secretary of State, (3) the number of orders of removal
existing statutory language that outlines has designated by notice published in executed against citizens, subjects,
the eligible use of funds for AFG the Federal Register. That notice must nationals, and residents of that country;
awards. be renewed each year. This notice and (4) such other factors as may serve
announces that the Secretary of the U.S. interest. See 8 CFR
Adopted Recommendations for FY 2016 214.2(h)(5)(i)(F)(1)(i) and 8 CFR
Homeland Security, in consultation
Wellness and Fitness Micro Grants with the Secretary of State, is 214.2(h)(6)(i)(E)(1). Examples of factors
Priority 1 Wellness and Fitness identifying 85 countries whose serving the U.S. interest that could
nationals are eligible to participate in result in the non-inclusion of a country
activities are now eligible when
the H–2A program and 84 countries or the removal of a country from the list
applying for a Micro Grant.
whose nationals are eligible to include, but are not limited to, fraud,
Change to Complete Set of PPE participate in the H–2B program for the abuse, and non-compliance with the
Definition coming year. terms and conditions of the H–2
AFG will now consider a complete set DATES: Effective Date: The designation programs by nationals of that country.
of PPE to include two sets of gloves and of these countries is effective January In December 2008, DHS published in
two hoods. 18, 2017, and shall be without effect at the Federal Register two notices,
the end of one year after January 18, ‘‘Identification of Foreign Countries
Equipment Product Lifecycles 2017. Whose Nationals Are Eligible to
Equipment will now be scored using Participate in the H–2A Visa Program,’’
FOR FURTHER INFORMATION CONTACT: and ‘‘Identification of Foreign Countries
an additional variable of ‘‘Age Timothy Simmons, Office of Policy,
Category.’’ Equipment is assigned an age Whose Nationals Are Eligible to
Department of Homeland Security, Participate in the H–2B Visa Program,’’
category of Short (5–7 years), Medium Washington, DC 20528, (202) 447–4216.
(8–14 years), or Long (15–20 years). which designated 28 countries whose
SUPPLEMENTARY INFORMATION: nationals are eligible to participate in
These age categories are used to
compare like types of equipment. Under Background: Generally, USCIS may the H–2A and H–2B programs. See 73
this system, an item that should have a approve H–2A and H–2B petitions filed FR 77043 (Dec. 18, 2008); 73 FR 77729
useful life of 10 years is only competing on behalf of nationals of only those (Dec. 19, 2008). The notices ceased to
against other items that have a similar countries 1 that the Secretary of have effect on January 17, 2010 and
lifecycle. An application does not score Homeland Security, with the January 18, 2010, respectively. See 8
higher or lower based on the product concurrence of the Secretary of State, CFR 214.2(h)(5)(i)(F)(2) and 8 CFR
lifecycle of an item. It only serves to has designated as participating 214.2(h)(6)(i)(E)(3). In implementing
ensure a more even scoring of countries. Such designation must be these regulatory provisions, the
equipment based on type. published as a notice in the Federal Secretary of Homeland Security, with
Register and expires after one year. the concurrence of the Secretary of
Tow Vehicles USCIS, however, may allow a national State, has published a series of notices
Tow vehicles are now listed under a from a country not on the list to be on a regular basis. See 75 FR 2879 (Jan.
separate chart in the equipment section named as a beneficiary of an H–2A or 19, 2010) (adding 11 countries); 76 FR
to clarify the priority levels between H–2B petition based on a determination 2915 (Jan. 18, 2011) (removing
application types. that such participation is in the U.S. Indonesia and adding 15 countries); 77
interest. See 8 CFR 214.2(h)(5)(i)(F) and FR 2558 (Jan. 18, 2012) (adding 5
Dated: October 6, 2016. countries); 78 FR 4154 (Jan. 18, 2013)
8 CFR 214.2(h)(6)(i)(E).
W. Craig Fugate, In designating countries to include on (adding 1 country); 79 FR 3214 (Jan.17,
Administrator, Federal Emergency the list, the Secretary of Homeland 2014) (adding 4 countries); 79 FR 74735
Management Agency. Security, with the concurrence of the (Dec. 16, 2014) (adding 5 countries); 80
[FR Doc. 2016–25801 Filed 10–25–16; 8:45 am] Secretary of State, will take into account FR 72079 (Nov. 18, 2015) (removing
BILLING CODE 9111–64–P factors including, but not limited to: (1) Moldova from the H–2B program and
The country’s cooperation with respect adding 16 countries).
to issuance of travel documents for The Secretary of Homeland Security
DEPARTMENT OF HOMELAND citizens, subjects, nationals, and has determined, with the concurrence of
SECURITY the Secretary of State, that 84 countries
[Docket No. DHS–2011–0108]
1 With respect to all references to ‘‘country’’ or previously designated in the November
‘‘countries’’ in this document, it should be noted 18, 2015 notice continue to meet the
RIN 1601–ZA11 that the Taiwan Relations Act of 1979, Public Law standards identified in that notice for
96–8, Section 4(b)(1), provides that ‘‘[w]henever the
laws of the United States refer or relate to foreign eligible countries and therefore should
Identification of Foreign Countries remain designated as countries whose
countries, nations, states, governments, or similar
Whose Nationals Are Eligible To nationals are eligible to participate in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
entities, such terms shall include and such laws
Participate in the H–2A and H–2B shall apply with respect to Taiwan.’’ 22 U.S.C. the H–2A program. Additionally, the
Nonimmigrant Worker Programs 3303(b)(1). Accordingly, all references to ‘‘country’’
Secretary of Homeland Security has
or ‘‘countries’’ in the regulations governing whether
AGENCY: Office of the Secretary, DHS. nationals of a country are eligible for H–2 program determined, with the concurrence of the
ACTION: Notice. participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 Secretary of State, that 83 countries
CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. previously designated in the November
This is consistent with the United States’ one-China
SUMMARY: Under Department of policy, under which the United States has
18, 2015 notice continue to meet the
Homeland Security (DHS) regulations, maintained unofficial relations with Taiwan since standards identified in that notice for
U.S. Citizenship and Immigration 1979. eligible countries and therefore should
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South Korea resided in Nepal) to retain TPS through • For further information on TPS,
Spain June 24, 2018, so long as they otherwise including guidance on the application
St. Vincent and the Grenadines continue to meet the eligibility process and additional information on
Sweden requirements for TPS. The Secretary has eligibility, please visit the USCIS TPS
Switzerland determined that an extension is Web page at http://www.uscis.gov/tps.
Taiwan warranted because conditions in Nepal You can find specific information
Thailand supporting its designation for TPS about the extension of Nepal’s
Timor-Leste continue to be met. designation for TPS by selecting
Tonga Through this Notice, DHS also sets ‘‘Nepal’’ from the menu on the left side
Turkey forth procedures necessary for nationals of the TPS Web page.
Tuvalu of Nepal (or aliens having no nationality • You can also contact Guillermo
Ukraine who last habitually resided in Nepal) to Roman-Riefkohl, TPS Program Manager
United Kingdom re-register for TPS and to apply for at the Waivers and Temporary Services
Uruguay renewal of their Employment Branch, Service Center Operations
Vanuatu Authorization Documents (EAD) with Directorate, U.S. Citizenship and
This notice does not affect the status U.S. Citizenship and Immigration Immigration Services, Department of
of aliens who currently hold valid H–2A Services (USCIS). Re-registration is Homeland Security, 20 Massachusetts
or H–2B nonimmigrant status. Persons limited to persons who have previously Avenue NW., Washington, DC 20529–
currently holding such status, however, registered for TPS under the designation 2060; or by phone at 202–272–1533 (this
will be affected by this notice should of Nepal and whose applications have is not a toll-free number). Note: The
they seek an extension of stay in H–2 been granted. Certain nationals of Nepal phone number provided here is solely
classification, or a change of status from (or aliens having no nationality who last for questions regarding this TPS Notice.
one H–2 status to another. Similarly, habitually resided in Nepal) who have It is not for individual case status
persons holding nonimmigrant status not previously applied for TPS may be inquires.
other than H–2 status are not affected by eligible to apply under the late initial • Applicants seeking information
this notice unless they seek a change of registration provisions, if they meet: (1) about the status of their individual cases
status to H–2 status. At least one of the late initial filing can check Case Status Online, available
Nothing in this notice limits the criteria; and, (2) all TPS eligibility at the USCIS Web site at http://
authority of the Secretary of Homeland criteria (including continuous residence www.uscis.gov, or call the USCIS
Security or his or her designee or any in the United States since June 24, 2015, National Customer Service Center at
other federal agency to invoke against and continuous physical presence in the 800–375–5283 (TTY 800–767–1833).
any foreign country or its nationals any United States since June 24, 2015). Service is available in English and
other remedy, penalty, or enforcement For individuals who have already Spanish.
action available by law. been granted TPS under Nepal’s • Further information will also be
designation, the 60-day re-registration available at local USCIS offices upon
Jeh Charles Johnson,
period runs from October 26, 2016 publication of this Notice.
Secretary.
through December 27, 2016. USCIS will SUPPLEMENTARY INFORMATION:
[FR Doc. 2016–25872 Filed 10–25–16; 8:45 am] issue new EADs with a June 24, 2018
BILLING CODE 9110–9M–P expiration date to eligible Nepal TPS Table of Abbreviations
beneficiaries who timely re-register and BIA—Board of Immigration Appeals
apply for EADs under this extension. DHS—Department of Homeland Security
DEPARTMENT OF HOMELAND Given the timeframes involved with EAD—Employment Authorization Document
SECURITY processing TPS re-registration FNC—Final Nonconfirmation
applications, DHS recognizes that not Government—U.S. Government
U.S. Citizenship and Immigration IJ—Immigration Judge
Services all re-registrants will receive new EADs
before their current EADs expire on INA—Immigration and Nationality Act
[CIS No. 2590–16; DHS Docket No. USCIS– OSC—Department of Justice, Office of
December 24, 2016. Accordingly,
2015–0003] Special Counsel for Immigration-Related
through this Notice, DHS automatically Unfair Employment Practices
RIN 1615–ZB60 extends the validity of EADs issued SAVE—USCIS Systematic Alien Verification
under the TPS designation of Nepal for for Entitlements Program
Extension of the Designation of Nepal 6 months, through June 24, 2017, and Secretary—Secretary of Homeland Security
for Temporary Protected Status explains how TPS beneficiaries and TNC—Tentative Nonconfirmation
their employers may determine which TPS—Temporary Protected Status
AGENCY: U.S. Citizenship and EADs are automatically extended and TTY—Text Telephone
Immigration Services, Department of their impact on the Employment USCIS—U.S. Citizenship and Immigration
Homeland Security. Eligibility Verification (Form I–9) and E- Services
ACTION: Notice. Verify processes. What is Temporary Protected Status
SUMMARY: Through this Notice, the DATES: The 18-month extension of the (TPS)?
Department of Homeland Security TPS designation of Nepal is effective • TPS is a temporary immigration
(DHS) announces that the Secretary of December 25, 2016, and will remain in status granted to eligible nationals of a
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Homeland Security (Secretary) is effect through June 24, 2018. The 60-day country designated for TPS under the
extending the designation of Nepal for re-registration period runs from October Immigration and Nationality Act (INA),
Temporary Protected Status (TPS) for a 26, 2016 through December 27, 2016. or to eligible persons without
period of 18 months, effective December (Note: It is important for re-registrants to nationality who last habitually resided
25, 2016, through June 24, 2018. timely re-register during this 60-day in the designated country.
This extension allows eligible period and not to wait until their EADs • During the TPS designation period,
Nepalese nationals (and aliens having expire.) TPS beneficiaries are eligible to remain
no nationality who last habitually FOR FURTHER INFORMATION CONTACT: in the United States, may not be
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Document Created: 2016-10-26 02:17:34
Document Modified: 2016-10-26 02:17:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Timothy Simmons, Office of Policy, Department of Homeland Security, Washington, DC 20528, (202) 447-4216. | |
| FR Citation | 81 FR 74468 | |
| RIN Number | 1601-ZA11 |
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