83_FR_2658 83 FR 2646 - Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs

83 FR 2646 - 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 83, Issue 12 (January 18, 2018)

Page Range2646-2648
FR Document2018-00812

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 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 83 countries whose nationals are eligible to participate in the H-2A program and 82 countries whose nationals are eligible to participate in the H-2B program for the coming year.

Federal Register, Volume 83 Issue 12 (Thursday, January 18, 2018) 
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2646-2648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00812]


-----------------------------------------------------------------------

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 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 83 countries whose nationals are 
eligible to participate in the H-2A program and 82 countries whose 
nationals are eligible to participate in the H-2B program for the 
coming year.

DATES: Effective Date: This notice is effective January 18, 2018, and 
shall be without effect after January 18, 2019.

FOR FURTHER INFORMATION CONTACT: Eric B. Johnson, Office of Policy, 
Department of Homeland Security, Washington, DC 20528, (202) 282-8652.

SUPPLEMENTARY INFORMATION: 

Background

    Generally, USCIS may approve H-2A and H-2B petitions for 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, overstay rates, and non-
compliance with the terms and conditions of the H-2 visa programs by 
nationals of that country.
    In December 2008, DHS published in the Federal Register two 
notices, ``Identification of Foreign Countries

[[Page 2647]]

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); 
81 FR 74468 (Oct. 26, 2016) (adding 1 country).
    The Secretary of Homeland Security has determined, with the 
concurrence of the Secretary of State, that 82 countries previously 
designated in the October 26, 2016 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 81 countries previously designated in the 
October 26, 2016 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-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, and to add one country whose nationals are eligible 
to participate in the H-2B program. This determination is made taking 
into account the four regulatory factors identified above. The 
Secretary of Homeland Security's consideration of factors that may 
serve the U.S. interest included, but were 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.
    The Secretary of Homeland Security has determined, however, with 
the concurrence of the Secretary of State, that the following countries 
should no longer be designated as eligible countries because they are 
not meeting the standards set out in the regulation: Belize, Haiti, and 
Samoa.
    Belize is listed on the U.S. Department of State's 2017 Trafficking 
in Persons Report as a ``Tier 3'' country. ``Tier 3'' means the country 
does not fully meet the Trafficking Victims Protection Act's minimum 
standards and is not making significant efforts to do so.
    Haitian nationals applying for H-2A and H-2B visas present 
extremely high rates of refusal, and those issued H-2A or H-2B visas 
have historically demonstrated high levels of fraud and abuse and a 
high rate of overstaying the terms of their H-2 admission. Haiti has 
shown no improvement in these areas, and the Secretary of Homeland 
Security has determined, with the concurrence of the Secretary of 
State, that Haiti's inclusion on the 2018 H-2A and H-2B lists is no 
longer in the U.S. interest.
    Samoa is currently listed as ``At Risk of Non-Compliance'' 
according to ICE's year-end assessment of foreign countries' 
cooperation in accepting back their nationals that have been ordered 
removed from the United States. Despite attempts to improve cooperation 
on removals to Samoa, there has been not been sufficient progress on 
removals to Samoa.
    Accordingly, DHS has removed these countries from the H-2A and H-2B 
eligibility lists for 2018, though their nationals may still be 
beneficiaries of approved H-2A and H-2B petitions upon the request of 
the petitioner if DHS determines, as a matter of discretion, that it is 
in the U.S. interest for the individual to be a beneficiary of such 
petition. See 8 CFR 214.2(h)(5)(i)(F)(1)(D)(ii) and 8 CFR 
214.2(h)(6)(i)(E)(2).
    The Secretary of Homeland Security has also determined, with the 
concurrence of the Secretary of State, that Mongolia should be 
designated as an eligible H-2A and H-2B country because it is now 
meeting the standards set out in the regulation. Mongolia is no longer 
listed as ``At Risk of Non-Compliance'' according to ICE's year-end 
assessment of foreign countries that cooperate in accepting back their 
nationals that have been ordered deported from the United States, and 
has demonstrated increased cooperation with the United States regarding 
the return of their nationals with final orders of removal.

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:

1. Andorra
2. Argentina
3. Australia
4. Austria
5. Barbados
6. Belgium
7. Brazil
8. Brunei
9. Bulgaria
10. Canada
11. Chile
12. Colombia
13. Costa Rica
14. Croatia
15. Czech Republic
16. Denmark
17. Dominican Republic
18. Ecuador
19. El Salvador
20. Ethiopia
21. Estonia
22. Fiji
23. Finland
24. France
25. Germany
26. Greece
27. Grenada
28. Guatemala
29. Honduras
30. Hungary
31. Iceland
32. Ireland
33. Israel
34. Italy
35. Jamaica
36. Japan
37. Kiribati
38. Latvia
39. Liechtenstein
40. Lithuania
41. Luxembourg
42. Macedonia
43. Madagascar
44. Malta
45. Mexico
46. Moldova
47. Monaco
48. Mongolia
49. Montenegro
50. Nauru
51. The Netherlands
52. Nicaragua
53. New Zealand
54. Norway
55. Panama
56. Papua New Guinea

[[Page 2648]]

57. Peru
58. The Philippines
59. Poland
60. Portugal
61. Romania
62. San Marino
63. Serbia
64. Singapore
65. Slovakia
66. Slovenia
67. Solomon Islands
68. South Africa
69. South Korea
70. Spain
71. St. Vincent and the Grenadines
72. Sweden
73. Switzerland
74. Taiwan
75. Thailand
76. Timor-Leste
77. Tonga
78. Turkey
79. Tuvalu
80. Ukraine
81. United Kingdom
82. Uruguay
83. 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:

1. Andorra
2. Argentina
3. Australia
4. Austria
5. Barbados
6. Belgium
7. Brazil
8. Brunei
9. Bulgaria
10. Canada
11. Chile
12. Colombia
13. Costa Rica
14. Croatia
15. Czech Republic
16. Denmark
17. Dominican Republic
18. Ecuador
19. El Salvador
20. Estonia
21. Ethiopia
22. Fiji
23. Finland
24. France
25. Germany
26. Greece
27. Grenada
28. Guatemala
29. Honduras
30. Hungary
31. Iceland
32. Ireland
33. Israel
34. Italy
35. Jamaica
36. Japan
37. Kiribati
38. Latvia
39. Lichtenstein
40. Lithuania
41. Luxembourg
42. Macedonia
43. Madagascar
44. Malta
45. Mexico
46. Monaco
47. Mongolia
48. Montenegro
49. Nauru
50. The Netherlands
51. Nicaragua
52. New Zealand
53. Norway
54. Panama
55. Papua New Guinea
56. Peru
57. The Philippines
58. Poland
59. Portugal
60. Romania
61. San Marino
62. Serbia
63. Singapore
64. Slovakia
65. Slovenia
66. Solomon Islands
67. South Africa
68. South Korea
69. Spain
70. St. Vincent and the Grenadines
71. Sweden
72. Switzerland
73. Taiwan
74. Thailand
75. Timor-Leste
76. Tonga
77. Turkey
78. Tuvalu
79. Ukraine
80. United Kingdom
81. Uruguay
82. 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 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.

Elaine C. Duke,
Deputy Secretary.
[FR Doc. 2018-00812 Filed 1-17-18; 8:45 am]
 BILLING CODE 9110-9M-P

2646 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices Commercial Environment (ACE), the date for the modifications to the FOR FURTHER INFORMATION CONTACT: Eric ‘‘single window,’’ is an automated and reconciliation test and for mandatory B. Johnson, Office of Policy, Department electronic system for commercial trade filing of reconciliation entries in ACE of Homeland Security, Washington, DC processing which is intended to had been delayed until further notice. 20528, (202) 282–8652. streamline business processes, facilitate SUPPLEMENTARY INFORMATION: II. Announcement of Reconciliation growth in trade, ensure cargo security, and foster participation in global Test Transitioning Into ACE and Background commerce, while ensuring compliance Modifications to Test Becoming Generally, USCIS may approve H–2A with U.S. laws and regulations and Operational and H–2B petitions for nationals of only reducing costs for CBP and all of its This notice announces that, beginning those countries 1 that the Secretary of communities of interest. The ability to February 24, 2018, all reconciliation Homeland Security, with the meet these objectives depends on entries must be filed in ACE regardless concurrence of the Secretary of State, successfully modernizing CBP’s of whether the underlying entry was has designated as participating business functions and the information filed in ACS or ACE and regardless of countries. Such designation must be technology that supports those whether it is a replacement, substitution published as a notice in the Federal functions. or follow-up to a reconciliation entry Register and expires after one year. Over the last several years, CBP has originally filed in ACS, and ACS is USCIS, however, may allow a national tested ACE and provided significant decommissioned for the filing of such from a country not on the list to be public outreach to ensure that the trade entries. In addition, as of February 24, named as a beneficiary of an H–2A or community is fully aware of the 2018, the test modifications announced H–2B petition based on a determination transition from ACS to ACE. On October in the December 12, 2016 notice will that such participation is in the U.S. 13, 2015, CBP published an Interim become operational. interest. See 8 CFR 214.2(h)(5)(i)(F) and Final Rule in the Federal Register (80 8 CFR 214.2(h)(6)(i)(E). Dated: January 12, 2018. FR 61278) that designated ACE as a In designating countries to include on CBP-authorized EDI system, to be Brenda B. Smith, the list, the Secretary of Homeland effective November 1, 2015. In the Executive Assistant Commissioner, Office of Security, with the concurrence of the Interim Final Rule, CBP stated that ACS Trade. Secretary of State, will take into account would be phased out and anticipated [FR Doc. 2018–00802 Filed 1–17–18; 8:45 am] factors including, but not limited to: (1) that ACS would no longer be supported BILLING CODE 9111–14–P The country’s cooperation with respect for entry and entry summary filing. to issuance of travel documents for Filers were encouraged to adjust their citizens, subjects, nationals, and business practices so that they would be DEPARTMENT OF HOMELAND residents of that country who are subject prepared when ACS was SECURITY to a final order of removal; (2) the decommissioned. [Docket No. DHS–2011–0108] number of final and unexecuted orders CBP has developed a staggered of removal against citizens, subjects, transition strategy for decommissioning RIN 1601–ZA11 nationals, and residents of that country; ACS to give the trade additional time to (3) the number of orders of removal adjust their business practices. The Identification of Foreign Countries executed against citizens, subjects, phases of the transition were announced Whose Nationals Are Eligible To nationals, and residents of that country; in several Federal Register notices. See Participate in the H–2A and H–2B and (4) such other factors as may serve 81 FR 10264 (February 29, 2016); 81 FR Nonimmigrant Worker Programs the U.S. interest. See 8 CFR 30320 (May 16, 2016); 81 FR 32339 214.2(h)(5)(i)(F)(1)(i) and 8 CFR (May 23, 2016); 82 FR 38924 (August 16, AGENCY: Office of the Secretary, DHS. 214.2(h)(6)(i)(E)(1). Examples of factors 2017); and 82 FR 51852 (November 8, ACTION: Notice. serving the U.S. interest that could 2017). This notice announces a further result in the non-inclusion of a country transition as CBP is transitioning the SUMMARY: Under Department of or the removal of a country from the list reconciliation test from ACS to ACE. Homeland Security (DHS) regulations, include, but are not limited to, fraud, U.S. Citizenship and Immigration C. Modifications of the Reconciliation abuse, overstay rates, and non- Services (USCIS) may generally only Test compliance with the terms and approve petitions for H–2A and H–2B conditions of the H–2 visa programs by On December 12, 2016, CBP nonimmigrant status for nationals of nationals of that country. published a notice in the Federal countries that the Secretary of In December 2008, DHS published in Register (81 FR 89486) announcing Homeland Security, with the the Federal Register two notices, modifications to the reconciliation test concurrence of the Secretary of State, ‘‘Identification of Foreign Countries and the transition of the test from ACS has designated by notice published in to ACE, effective January 14, 2017. On the Federal Register. That notice must 1 With respect to all references to ‘‘country’’ or January 17, 2017, CBP published a be renewed each year. This notice ‘‘countries’’ in this document, it should be noted notice in the Federal Register (82 FR announces that the Secretary of that the Taiwan Relations Act of 1979, Public Law Homeland Security, in consultation 96–8, Section 4(b)(1), provides that ‘‘[w]henever the 4901) announcing that the effective date laws of the United States refer or relate to foreign for the test modifications and transition with the Secretary of State, is countries, nations, states, governments, or similar would be delayed indefinitely. Then, on identifying 83 countries whose entities, such terms shall include and such laws June 8, 2017, CBP published a notice in nationals are eligible to participate in shall apply with respect to Taiwan.’’ 22 U.S.C. sradovich on DSK3GMQ082PROD with NOTICES the H–2A program and 82 countries 3303(b)(1). Accordingly, all references to ‘‘country’’ the Federal Register (82 FR 26699) or ‘‘countries’’ in the regulations governing whether announcing that the modifications to whose nationals are eligible to nationals of a country are eligible for H–2 program the test and the transition would be participate in the H–2B program for the participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 effective on July 8, 2017. Subsequently, coming year. CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China on June 30, 2017, CBP published a DATES: Effective Date: This notice is policy, under which the United States has notice in the Federal Register (82 FR effective January 18, 2018, and shall be maintained unofficial relations with Taiwan since 29910) announcing that the effective without effect after January 18, 2019. 1979. VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1

Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 2647 Whose Nationals Are Eligible to relating to the economic impact on with the United States regarding the Participate in the H–2A Visa Program,’’ particular U.S. industries or regions return of their nationals with final and ‘‘Identification of Foreign Countries resulting from the addition or continued orders of removal. Whose Nationals Are Eligible to non-inclusion of specific countries. The Secretary of Homeland Security Designation of Countries Whose Participate in the H–2B Visa Program,’’ has determined, however, with the Nationals Are Eligible To Participate in which designated 28 countries whose concurrence of the Secretary of State, the H–2A and H–2B Nonimmigrant nationals are eligible to participate in the H–2A and H–2B programs. See 73 that the following countries should no Worker Programs FR 77043 (Dec. 18, 2008); 73 FR 77729 longer be designated as eligible Pursuant to the authority provided to (Dec. 19, 2008). The notices ceased to countries because they are not meeting the Secretary of Homeland Security have effect on January 17, 2010 and the standards set out in the regulation: under sections 214(a)(1), 215(a)(1), and January 18, 2010, respectively. See 8 Belize, Haiti, and Samoa. 241 of the Immigration and Nationality CFR 214.2(h)(5)(i)(F)(2) and 8 CFR Belize is listed on the U.S. Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 214.2(h)(6)(i)(E)(3). In implementing Department of State’s 2017 Trafficking 1231), I am designating, with the these regulatory provisions, the in Persons Report as a ‘‘Tier 3’’ country. concurrence of the Secretary of State, Secretary of Homeland Security, with ‘‘Tier 3’’ means the country does not nationals from the following countries the concurrence of the Secretary of fully meet the Trafficking Victims to be eligible to participate in the H–2A State, has published a series of notices Protection Act’s minimum standards nonimmigrant worker program: on a regular basis. See 75 FR 2879 (Jan. and is not making significant efforts to 1. Andorra 19, 2010) (adding 11 countries); 76 FR do so. 2. Argentina 2915 (Jan. 18, 2011) (removing Haitian nationals applying for H–2A 3. Australia Indonesia and adding 15 countries); 77 and H–2B visas present extremely high 4. Austria FR 2558 (Jan. 18, 2012) (adding 5 rates of refusal, and those issued H–2A 5. Barbados countries); 78 FR 4154 (Jan. 18, 2013) or H–2B visas have historically 6. Belgium (adding 1 country); 79 FR 3214 (Jan.17, demonstrated high levels of fraud and 7. Brazil abuse and a high rate of overstaying the 8. Brunei 2014) (adding 4 countries); 79 FR 74735 terms of their H–2 admission. Haiti has 9. Bulgaria (Dec. 16, 2014) (adding 5 countries); 80 10. Canada FR 72079 (Nov. 18, 2015) (removing shown no improvement in these areas, 11. Chile Moldova from the H–2B program and and the Secretary of Homeland Security 12. Colombia adding 16 countries); 81 FR 74468 (Oct. has determined, with the concurrence of 13. Costa Rica 26, 2016) (adding 1 country). the Secretary of State, that Haiti’s 14. Croatia The Secretary of Homeland Security inclusion on the 2018 H–2A and H–2B 15. Czech Republic has determined, with the concurrence of lists is no longer in the U.S. interest. 16. Denmark the Secretary of State, that 82 countries Samoa is currently listed as ‘‘At Risk 17. Dominican Republic previously designated in the October 26, of Non-Compliance’’ according to ICE’s 18. Ecuador year-end assessment of foreign 19. El Salvador 2016 notice continue to meet the 20. Ethiopia standards identified in that notice for countries’ cooperation in accepting back 21. Estonia eligible countries and therefore should their nationals that have been ordered 22. Fiji remain designated as countries whose removed from the United States. Despite 23. Finland nationals are eligible to participate in attempts to improve cooperation on 24. France the H–2A program. Additionally, the removals to Samoa, there has been not 25. Germany Secretary of Homeland Security has been sufficient progress on removals to 26. Greece determined, with the concurrence of the Samoa. 27. Grenada Secretary of State, that 81 countries Accordingly, DHS has removed these 28. Guatemala countries from the H–2A and H–2B 29. Honduras previously designated in the October 26, 30. Hungary 2016 notice continue to meet the eligibility lists for 2018, though their 31. Iceland standards identified in that notice for nationals may still be beneficiaries of 32. Ireland eligible countries and therefore should approved H–2A and H–2B petitions 33. Israel remain designated as countries whose upon the request of the petitioner if 34. Italy nationals are eligible to participate in DHS determines, as a matter of 35. Jamaica the H–2B program. discretion, that it is in the U.S. interest 36. Japan Further, the Secretary of Homeland for the individual to be a beneficiary of 37. Kiribati Security, with the concurrence of the such petition. See 8 CFR 38. Latvia 214.2(h)(5)(i)(F)(1)(D)(ii) and 8 CFR 39. Liechtenstein Secretary of State, has determined that 40. Lithuania it is now appropriate to add one country 214.2(h)(6)(i)(E)(2). 41. Luxembourg whose nationals are eligible to The Secretary of Homeland Security 42. Macedonia participate in the H–2A and H–2B has also determined, with the 43. Madagascar programs, and to add one country concurrence of the Secretary of State, 44. Malta whose nationals are eligible to that Mongolia should be designated as 45. Mexico participate in the H–2B program. This an eligible H–2A and H–2B country 46. Moldova determination is made taking into because it is now meeting the standards 47. Monaco set out in the regulation. Mongolia is no 48. Mongolia sradovich on DSK3GMQ082PROD with NOTICES account the four regulatory factors identified above. The Secretary of longer listed as ‘‘At Risk of Non- 49. Montenegro 50. Nauru Homeland Security’s consideration of Compliance’’ according to ICE’s year- 51. The Netherlands factors that may serve the U.S. interest end assessment of foreign countries that 52. Nicaragua included, but were not limited to, cooperate in accepting back their 53. New Zealand evidence of past usage of the H–2A and nationals that have been ordered 54. Norway H–2B programs by nationals of the deported from the United States, and 55. Panama country to be added, as well as evidence has demonstrated increased cooperation 56. Papua New Guinea VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1

2648 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 57. Peru 38. Latvia DEPARTMENT OF HOMELAND 58. The Philippines 39. Lichtenstein SECURITY 59. Poland 40. Lithuania 60. Portugal 41. Luxembourg U.S. Citizenship and Immigration 61. Romania 42. Macedonia 62. San Marino Services 43. Madagascar 63. Serbia [CIS No. 2615–17; DHS Docket No. USCIS– 44. Malta 64. Singapore 2014–0001] 65. Slovakia 45. Mexico 66. Slovenia 46. Monaco RIN 1615–ZB70 67. Solomon Islands 47. Mongolia 68. South Africa 48. Montenegro Termination of the Designation of Haiti 69. South Korea 49. Nauru for Temporary Protected Status 70. Spain 50. The Netherlands 71. St. Vincent and the Grenadines 51. Nicaragua AGENCY: U.S. Citizenship and 72. Sweden 52. New Zealand Immigration Services, U.S. Department 73. Switzerland 53. Norway of Homeland Security. 74. Taiwan 54. Panama ACTION: Notice. 75. Thailand 55. Papua New Guinea 76. Timor-Leste 56. Peru SUMMARY: The designation of Haiti for 77. Tonga 57. The Philippines Temporary Protected Status (TPS) is set 78. Turkey to expire on January 22, 2018. After 58. Poland 79. Tuvalu reviewing country conditions and 80. Ukraine 59. Portugal 60. Romania consulting with the appropriate U.S. 81. United Kingdom Government agencies, the Acting 82. Uruguay 61. San Marino 83. Vanuatu 62. Serbia Secretary of Homeland Security 63. Singapore determined on November 20, 2017 that Pursuant to the authority provided to 64. Slovakia conditions in Haiti no longer support its the Secretary of Homeland Security 65. Slovenia designation for TPS and is therefore under sections 214(a)(1), 215(a)(1), and 66. Solomon Islands terminating the TPS designation of 241 of the Immigration and Nationality 67. South Africa Haiti. To provide time for an orderly Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 68. South Korea transition, this termination is effective 1231), I am designating, with the 69. Spain on July 22, 2019, 18 months following concurrence of the Secretary of State, 70. St. Vincent and the Grenadines the end of the current designation. nationals from the following countries 71. Sweden Nationals of Haiti (and aliens having to be eligible to participate in the H–2B 72. Switzerland no nationality who last habitually nonimmigrant worker program: 73. Taiwan resided in Haiti) who have been granted 1. Andorra 74. Thailand TPS and wish to maintain their TPS and 2. Argentina 75. Timor-Leste receive TPS-based Employment 3. Australia 76. Tonga Authorization Documents (EAD) valid 4. Austria 77. Turkey through July 22, 2019, must re-register 5. Barbados 78. Tuvalu for TPS in accordance with the 6. Belgium 79. Ukraine procedures set forth in this Notice. After 7. Brazil 80. United Kingdom 8. Brunei July 22, 2019, nationals of Haiti (and 81. Uruguay 9. Bulgaria aliens having no nationality who last 82. Vanuatu 10. Canada habitually resided in Haiti) who have 11. Chile This notice does not affect the status been granted TPS under the Haiti 12. Colombia of aliens who currently hold valid H–2A designation will no longer have TPS. 13. Costa Rica or H–2B nonimmigrant status. Persons DATES: The designation of Haiti for TPS 14. Croatia currently holding such status, however, is terminated effective at 11:59 p.m., 15. Czech Republic will be affected by this notice should local time, on July 22, 2019. 16. Denmark they seek an extension of stay in H–2 The 60-day re-registration period runs 17. Dominican Republic 18. Ecuador classification, or a change of status from from January 18, 2018 through March 19. El Salvador one H–2 status to another. Similarly, 19, 2018. 20. Estonia persons holding nonimmigrant status (Note: It is important for re-registrants to 21. Ethiopia other than H–2 status are not affected by timely re-register during this 60-day period.) 22. Fiji this notice unless they seek a change of 23. Finland FOR FURTHER INFORMATION CONTACT: status to H–2 status. • You may contact Alex King, Branch 24. France 25. Germany Nothing in this notice limits the Chief, Waivers and Temporary Services 26. Greece authority of the Secretary of Homeland Branch, Service Center Operations 27. Grenada Security or her designee or any other Directorate, U.S. Citizenship and 28. Guatemala federal agency to invoke against any Immigration Services, U.S. Department 29. Honduras foreign country or its nationals any of Homeland Security, 20 Massachusetts sradovich on DSK3GMQ082PROD with NOTICES 30. Hungary other remedy, penalty, or enforcement Avenue NW, Washington, DC 20529– 31. Iceland 2060; or by phone at (202) 272–8377 action available by law. 32. Ireland 33. Israel (this is not a toll-free number). Note: Elaine C. Duke, 34. Italy The phone number provided here is Deputy Secretary. solely for questions regarding this TPS 35. Jamaica 36. Japan [FR Doc. 2018–00812 Filed 1–17–18; 8:45 am] Notice. It is not for individual case 37. Kiribati BILLING CODE 9110–9M–P status inquiries. VerDate Sep<11>2014 18:27 Jan 17, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1


Document Created: 2018-01-18 00:42:22
Document Modified: 2018-01-18 00:42:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective Date: This notice is effective January 18, 2018, and shall be without effect after January 18, 2019.
ContactEric B. Johnson, Office of Policy, Department of Homeland Security, Washington, DC 20528, (202) 282-8652.
FR Citation83 FR 2646 
RIN Number1601-ZA11
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR