[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Pages 2879-2880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-960]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2009-0162]
RIN 1601-ZA08
Identification of Foreign Countries Whose Nationals Are Eligible
To Participate in the H-2A and H-2B Visa 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 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 39 countries whose nationals are
eligible to participate in the H-2A and H-2B programs for the coming
year.
DATES: Effective Date: This notice is effective January 18, 2010, and
shall be without effect at the end of one year after January 18, 2010.
FOR FURTHER INFORMATION CONTACT: Alex Hartman, DHS Office of Policy,
Department of Homeland Security, Washington, DC 20528 (202) 282-9820.
SUPPLEMENTARY INFORMATION:
Background: Pursuant to 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR
214.2(h)(6)(i)(E)(1), USCIS may only approve H-2A and H-2B petitions
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
[[Page 2880]]
published as a notice in the Federal Register and expires after one
year.
In designating countries to include on the list, DHS, 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,'' designating 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
initial designations were composed of countries that are important for
the operation of the H-2A and H-2B programs and are cooperative in the
repatriation of their citizens, subjects, nationals or residents who
are subject to a final order of removal from the United States. The
notices cease to have effect at the end of one year after January 17
and January 18, 2009 respectively. See 8 CFR 214.2(h)(5)(i)(F)(2) and 8
CFR 214.2(h)(6)(i)(E)(3).
Following consultations with the Department of State, the Secretary
of Homeland Security finds, with the concurrence of the Secretary of
State, that the 28 countries designated in the December 18 and 19, 2008
notices continue to meet the standards identified in those notices for
eligible countries and therefore should remain designated as countries
whose nationals are eligible to participate in the H-2A and H-2B
programs.
Furthermore, the Secretary of Homeland Security, with the
concurrence of the Secretary of State, finds that it is now appropriate
to add 11 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 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 Croatia, Ecuador, Ethiopia,
Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia,
Slovakia, and Uruguay 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 Visa Programs
Pursuant to the authority provided to the Secretary of Homeland
Security under sections 241, 214(a)(1), and 215(a)(1) of the
Immigration and Nationality Act (INA) (8 U.S.C. 1231, 1184(a)(1), and
1185(a)(1)), 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 visa programs:
Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa
Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia,
Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan,
Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand,
Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South
Africa, South Korea, Turkey, Ukraine, United Kingdom, Uruguay.
This notice does not affect the status of aliens who currently hold
H-2A or H-2B nonimmigrant 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.
Janet Napolitano,
Secretary.
[FR Doc. 2010-960 Filed 1-15-10; 8:45 am]
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