H-2A Petitioner's Employment-Related or Fee-Related Notification, 77047-77049 [E8-29786]
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mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
transferability of the STAs for flight
crew members and whether a
proprietor, general partner, officer,
director, or owner of aircraft operators
should undergo a STA.
(4) Methods for positively identifying
pilots and effectively linking them to
the aircraft they are operating.
(5) The watchlist service provider
(WLSP) requirement, including
comments on the WLSP’s system
security plan, the role that watchlist
service providers may continue to have
if the responsibility for watchlist
matching shifts to the U.S. Government
in the future, whether there should be
a limitation of the number of entities
that would be approved as a WSLP, and
whether WLSP covered personnel
should be limited only to U.S. citizens,
nationals or lawful permanent residents.
(6) Whether TSA should establish a
minimum time for submission of
passenger information to the service
providers, what that minimum time
should be, and the reasons supporting
the suggested minimum time.
(7) Whether full program aircraft
operators should be permitted to
conduct their own audit and/or
watchlist matching on flights operated
under their LASP.
(8) Proposed privacy notice
requirement.
(9) The third-party auditor
requirement, including the
establishment of a system of assigning
auditors and methods of doing so,
qualifications of auditors, and conflict
of interests and independence issues
affecting an auditor.
(10) Whether certain large aircraft
operators (for instance, operators that
are not carrying persons or property for
compensation or hire or with aircraft
having a MTOW of more than 45,500 kg)
should have a different requirement as
to what weapons are prohibited (for
example, limit the prohibited items to
only guns and firearms).
(11) The requirement for security
coordinator, including the use of a
single individual for multiple security
coordinator roles.
(12) Whether any other types of
airport should be covered by a security
program.
(13) Amendment of the partial
program or the supporting program for
airports.
(14) Applicability of the proposed
rule to fractional ownership operations.
(15) Qualifications of individuals who
would be exempted from liability under
the voluntary provision of emergency
services.
(16) The burden estimates, estimated
costs of compliance, estimates regarding
the small entities affected, and
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economic impact on the newlyregulated entities.
Participation at the Meeting
The meeting is expected to begin at 9
a.m. Following an introduction by TSA,
members of the public will be invited to
present their views.
Anyone wishing to present an oral
statement at the meeting must register in
person between 8 and 9 a.m. on the day
of the meeting, and provide his or her
name and affiliation. Speakers should
keep comments brief and plan to speak
for no more than three minutes when
presenting comments.
77047
intended to be, and should not be
construed as, a position of TSA.
(8) The meeting is designed to invite
public views and gather additional
information. No individual will be
subject to cross-examination by any
other participant; however, TSA
representatives may ask questions to
clarify a statement.
Issued in Arlington, Virginia, on December
12, 2008.
John Sammon,
Assistant Administrator for Transportation
Sector Network Management.
[FR Doc. E8–30045 Filed 12–17–08; 8:45 am]
BILLING CODE 9110–05–P
Public Meeting Procedures
TSA will use the following
procedures to facilitate the meeting:
(1) There will be no admission fee or
other charge to attend or to participate
in the meeting. The meeting will be
open to all persons who are scheduled
to present statements or who register in
person between 8 and 9 a.m. on the day
of the meeting at the site of the public
meeting. TSA will make every effort to
accommodate all persons who wish to
participate, but admission will be
subject to availability of space in the
meeting room. The meeting may adjourn
early if scheduled speakers complete
their statements or questions in less
time than is scheduled for the meeting.
(2) An individual, whether speaking
in a personal or a representative
capacity on behalf of an organization,
will be limited to a three-minute
statement and scheduled on a firstcome, first-served basis. If a large
number of persons register to present
comments, this amount of time may be
shortened to provide all registered
persons an opportunity to present their
comments.
(3) Any speaker prevented by time
constraints from speaking will be
encouraged to submit written remarks,
which will be made part of the record.
(4) For information on facilities or
services for individuals with disabilities
or to request assistance at the meeting,
please contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section above before December 31, 2008.
(5) Representatives of TSA will
preside over the meeting.
(6) The meeting will be recorded by
a court reporter. A transcript of the
meeting and any material accepted by
the panel during the meeting will be
included in the public docket.
(7) Statements made by TSA
representatives are intended to facilitate
discussion of the issues or to clarify
issues. Any statement made during the
meeting by a TSA representative is not
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
U.S. Customs and Border Protection
U.S. Immigration and Customs
Enforcement
[CIS No. 2461–08; DHS Docket No. USCIS–
2008–0065]
RIN 1615–ZA75
H–2A Petitioner’s Employment-Related
or Fee-Related Notification
AGENCY: U.S. Citizenship and
Immigration Services, U.S. Customs and
Border Protection, U.S. Immigration and
Customs Enforcement, DHS.
ACTION: Notice.
SUMMARY: This Notice announces the
manner in which petitioners must notify
U.S. Citizenship and Immigration
Services regarding their employment of
agricultural workers in H–2A
nonimmigrant status or job placement
fee information. These procedures are
necessary to enable petitioners to
comply with the notification
requirements established by the
Department of Homeland Security’s
regulations governing the H–2A
nonimmigrant classification.
DATES: This Notice is effective January
17, 2009.
FOR FURTHER INFORMATION CONTACT:
USCIS: Hiroko Witherow, Service
Center Operations, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue, NW., Washington, DC 20529,
telephone (202) 272–8410.
USICE: Joe Jeronimo, National
Program Manager, U.S. Immigration and
Customs Enforcement, Department of
Homeland Security, 500 12th Street,
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
SW., Washington, DC 20024, telephone
(202) 732–3978.
USCBP: Bruce Ingalls, Chief, Debt
Management Branch, U.S. Customs and
Border Protection, Revenue Division,
Attn: H–2 Team, Suite 100, 6650
Telecom Drive, Indianapolis, IN 46278,
telephone (317) 298–1307.
SUPPLEMENTARY INFORMATION:
I. Background
The H–2A nonimmigrant
classification applies to alien workers
seeking to perform agricultural labor or
services of a temporary or seasonal
nature in the United States on a
temporary basis. Immigration and
Nationality Act (INA) sec.
101(a)(15)(H)(ii)(a), 8 U.S.C.
1101(a)(15)(H)(ii)(a); see 8 CFR
214.1(a)(2) (H–2A classification
designation). Aliens seeking H–2A
nonimmigrant status must be petitioned
for by a U.S. employer. However, prior
to filing the petition, the U.S. employer
must complete a temporary agricultural
labor certification process with the
Department of Labor (DOL) for the job
opening the employer seeks to fill with
an H–2A worker. After receiving a
temporary labor certification, the U.S.
employer files Form I–129, ‘‘Petition for
Nonimmigrant Worker,’’ with the
appropriate USCIS office. See 8 CFR
214.2(h)(5)(i)(A). Once a petition has
been granted, the regulations impose
additional responsibilities on such H–
2A petitioners. These responsibilities
include notifying DHS of certain
occurrences related to their H–2A
workers, as discussed below.
A. Employment-Related Notifications
mstockstill on PROD1PC66 with NOTICES
The regulations require H–2A
petitioners to provide notification to
DHS within 2 work days in the
following instances:
• When an H–2A worker fails to
report to work within 5 work days of the
employment start date on the H–2A
petition or within 5 work days of the
start date established by the petitioner,
whichever is later;
• When the agricultural labor or
services for which H–2A workers were
hired is completed more than 30 days
early; or
• When the H–2A worker absconds
from the worksite or is terminated prior
to the completion of agricultural labor
or services for which he or she was
hired.
8 CFR 214.2(h)(5)(vi)(B). The
regulations also require that petitioners
retain evidence of the notification filed
with DHS for a one-year period
beginning from the date of the
notification. 8 CFR 214.2(h)(5)(vi)(B)(2).
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Those petitioners that use a different
employment start date than the start
date stated on the H–2A petition must
retain evidence of the changed start date
and make such evidence available for
inspection by DHS officers for a oneyear period beginning on the newly
established employment start date. Id.
An H–2A petitioner that fails to meet
these requirements is subject to
liquidated damages in the amount of
$10. 8 CFR 214.2(h)(5)(vi)(B)(3).
B. Fee-Related Notifications
The regulations provide petitioners
with the opportunity to avoid denial or
revocation (on notice) of their H–2A
petition if they notify DHS regarding
information they obtained following the
filing of their H–2A petition concerning
the beneficiary’s payment or agreement
to pay a fee or compensation in
connection to any facilitator, recruiter,
or similar employment service as a
condition of obtaining the H–2A
employment. 8 CFR
214.2(h)(5)(xi)(A)(4). The regulations
prohibit such payments and agreements.
8 CFR 214.2(h)(5)(xi)(A). Notification of
a beneficiary’s payment or agreement to
pay the prohibited fees must be made
within 2 workdays of gaining such
knowledge. 8 CFR 214.2(h)(5)(xi)(A)(4).
This Notice specifies the manner in
which H–2A petitioners must file
employment-related and fee-related
notifications with DHS in order to
comply with the regulations. 8 CFR
214.2(h)(5)(vi)(B) and 8 CFR
214.2(h)(5)(xii)(A)(4).
II. Employment-Related Notifications
A. Filing Notifications
This Notice announces that beginning
on January 17, 2009, H–2A petitioners
must provide employment-related
notifications to USCIS within 2
workdays of an event specified in 8 CFR
214.2(h)(5)(vi)(B). The petitioner must
include the following information in the
notification.
(1) The reason for the notification;
(2) The reason for untimely
notification and evidence for good
cause, if applicable;
(3) The USCIS receipt number of the
approved H–2A petition;
(4) The petitioner’s name, address,
telephone number, and employer
identification number (EIN);
(5) The employer’s name, address,
and telephone number, if it is different
from that of the petitioner;
(6) The name of the H–2A worker in
question;
(7) The date and place of birth of the
H–2A worker in question; and
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(8) The last known physical address
and telephone number of the H–2A
worker in question.
USCIS acknowledges that where an
H–2A petitioner is reporting the failure
of an H–2A worker to report to work
within the prescribed time frame,
petitioners may not know the names of
H–2A workers who fail to report to the
employment site if the workers are
unnamed beneficiaries of the H–2A
petition. In such cases, USCIS requires
the petitioner to supply only the
number of workers who failed to report
to work within the prescribed time
frame instead of such workers’ names,
dates of birth, and places of birth.
USCIS encourages the petitioner to
submit notification electronically by email. However, USCIS realizes that in
certain instances electronic notification
may not be possible or feasible for the
H–2A petitioner. Accordingly, the
following two methods for notification
are acceptable. Notification by mail
must be postmarked before the end of
the 2 workday reporting window.
By e-mail: CSC–X.H–2AAbs@dhs.gov.
By mail: California Service Center,
Attn: Div X/BCU ACD, P.O. Box 30050,
Laguna Niguel, CA 92607–3004.
B. Failure To Comply With the
Requirements
In cases where an H–2A petitioner
makes an admission of an untimely
notification (for example, a notification
letter admitting that the notification is
being sent after the close of the 2
workdays window), USCIS will make a
determination of liability for liquidated
damages. Untimely notification must be
accompanied by evidence of good cause.
Failure to notify timely may be excused
in the discretion of USCIS if it is
demonstrated that the delay was due to
extraordinary circumstances beyond the
control of the H–2A petitioner, and
USCIS finds the delay commensurate
with the circumstances. If the H–2A
petitioner fails to demonstrate good
cause for failure to make a timely
notification, USCIS will communicate
liability for liquidated damages to the
H–2A petitioner and inform the
petitioner that it will receive a demand
letter for payment directly from U.S.
Customs and Border Protection (CBP).
H–2A petitioners must not send checks
to USCIS when sending untimely
notifications.
In any situation where U.S.
Immigration and Customs Enforcement
(ICE) uncovers evidence of liability for
H–2A liquidated damages in the course
of its investigatory work, ICE will make
a determination of liability. ICE will
provide the petitioner with written
notice of non-compliance as well as the
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
petitioner’s liability for liquidated
damages. If the petitioner wishes to
contest the allegations set forth in the
notice of non-compliance, written
notice must be received by ICE within
30 days of receipt of the notice of noncompliance. 8 CFR 214.2(h)(5)(vi)(C). If
the petitioner fails to contest the finding
of non-compliance, or the petitioner’s
response fails to raise an issue of
material fact, ICE will communicate
liability for liquidated damages to the
H–2A petitioner and inform the
petitioner that it will receive a demand
letter for payment for liquidated
damages directly from CBP.
CBP will collect all liquidated damage
payments. The CBP demand letter will
specify the manner in which payment
must be made.
mstockstill on PROD1PC66 with NOTICES
III. Fee-Related Notifications
This Notice announces that on
January 17, 2009, H–2A petitioners may
begin filing fee-related notifications to
USCIS pursuant to 8 CFR
214.2(h)(5)(xi)(A)(4). The notification
must include the following information:
(1) The USCIS receipt number of the
H–2A petition;
(2) The petitioner’s name, address,
and telephone number;
(3) The employer’s name, address,
and telephone number, if it is different
from that of the petitioner; and the
(4) Name and address of the
facilitator, recruiter, or placement
service to which alien beneficiaries paid
or agreed to pay the prohibited fees.
As previously stated, USCIS
encourages the petitioner to submit
notification electronically by e-mail.
However, USCIS realizes that in certain
instances, electronic notification may
not be possible or feasible for the H–2A
petitioner. Accordingly, the following
two methods for notification are
acceptable. Notification by mail must be
postmarked before the end of the 2
workday reporting window.
By e-mail: CSC.H2AFee@dhs.gov.
By mail: California Service Center,
P.O. Box 10695, Laguna Niguel, CA
92607–1095.
IV. Paperwork Reduction Act
This Notice sets forth the procedures
for H–2A petitioners to notify USCIS
when:
• An H–2A worker fails to report to
work within 5 workdays of the
employment start date on the H–2A
petition or within 5 workdays of the
start date established by the petitioner,
whichever is later;
• When the agricultural labor or
services for which H–2A workers were
hired is completed more than 30 days
early; or
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Jkt 217001
• When the H–2A worker absconds
from the worksite or is terminated prior
to the completion of agricultural labor
or services for which he or she was
hired.
H–2A petitioners must retain evidence
of any such notification sent to USCIS,
as well as evidence of an employment
start date if different from the start date
stated on the H–2A petition, for a oneyear period.
This Notice further provides the
procedures for H–2A petitioners to
notify USCIS, after an H–2A petition has
been filed, within 2 work days of
learning that an H–2A alien worker paid
a fee or other compensation to a
facilitator, recruiter, or similar
employment service as a condition of
obtaining the H–2A employment.
These notification requirements are
considered information collections
covered under the Paperwork Reduction
Act (PRA).
Since implementation will begin 30
days from the date of publication of this
notice in the Federal Register, this new
information collection has been
submitted and approved by OMB under
the emergency review and clearance
procedures covered under the PRA.
USCIS is requesting comments on this
new information collection no later than
January 17, 2009. When submitting
comments on the information
collection, your comments should
address one or more of the following
four points:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of the information on those
who are to respond, including through
the use of any and all appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
a. Type of information collection:
New information collection.
b. Title of Form/Collection: H–2A’s
Petitioners Employment-Related or FeeRelated Notification
c. Agency form number, if any, and
the applicable component of the
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77049
Department of Homeland Security
sponsoring the collection: No form
number. U.S. Citizenship and
Immigration Services.
d. Affected public who will be asked
or required to respond, as well as a brief
abstract: Individuals or Households.
This information collection is necessary
to provide employment related or fee
related notification by an H–2A
petitioner.
e. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 1,000 respondents at .50 (30
minutes) per response.
f. An estimate of the total of public
burden (in hours) associated with the
collection: Approximately 500 burden
hours.
All comments and suggestions or
questions regarding additional
information should be directed to the
Department of Homeland Security, U.S.
Citizenship and Immigration Services,
Regulatory Management Division, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529, Attention: Chief,
202–272–8377.
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E8–29786 Filed 12–17–08; 8:45 am]
BILLING CODE 9117–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 08–48]
Notice of H–2A Temporary Worker Visa
Exit Program Pilot
AGENCY: U.S. Customs and Border
Protection, DHS.
ACTION: General notice.
SUMMARY: This notice announces that
U.S. Customs and Border Protection
(CBP) is establishing a new land-border
exit system for certain temporary
agricultural workers, starting on a pilot
basis, at certain designated ports of
entry. Under this pilot program, aliens
admitted to the United States as H–2A
temporary workers who were admitted
to the United States at the ports of San
Luis, Arizona, or Douglas, Arizona,
must depart from either one of those
ports and provide certain biographic
and biometric information at one of the
kiosks established for this purpose. Any
nonimmigrant alien admitted under an
H–2A nonimmigrant visa at one of the
designated ports of entry will be issued
a CBP Form I–94, Arrival and Departure
Record, and be presented with
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]]>Agencies
[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77047-77049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29786]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
U.S. Customs and Border Protection
U.S. Immigration and Customs Enforcement
[CIS No. 2461-08; DHS Docket No. USCIS-2008-0065]
RIN 1615-ZA75
H-2A Petitioner's Employment-Related or Fee-Related Notification
AGENCY: U.S. Citizenship and Immigration Services, U.S. Customs and
Border Protection, U.S. Immigration and Customs Enforcement, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces the manner in which petitioners must
notify U.S. Citizenship and Immigration Services regarding their
employment of agricultural workers in H-2A nonimmigrant status or job
placement fee information. These procedures are necessary to enable
petitioners to comply with the notification requirements established by
the Department of Homeland Security's regulations governing the H-2A
nonimmigrant classification.
DATES: This Notice is effective January 17, 2009.
FOR FURTHER INFORMATION CONTACT:
USCIS: Hiroko Witherow, Service Center Operations, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 20
Massachusetts Avenue, NW., Washington, DC 20529, telephone (202) 272-
8410.
USICE: Joe Jeronimo, National Program Manager, U.S. Immigration and
Customs Enforcement, Department of Homeland Security, 500 12th Street,
[[Page 77048]]
SW., Washington, DC 20024, telephone (202) 732-3978.
USCBP: Bruce Ingalls, Chief, Debt Management Branch, U.S. Customs
and Border Protection, Revenue Division, Attn: H-2 Team, Suite 100,
6650 Telecom Drive, Indianapolis, IN 46278, telephone (317) 298-1307.
SUPPLEMENTARY INFORMATION:
I. Background
The H-2A nonimmigrant classification applies to alien workers
seeking to perform agricultural labor or services of a temporary or
seasonal nature in the United States on a temporary basis. Immigration
and Nationality Act (INA) sec. 101(a)(15)(H)(ii)(a), 8 U.S.C.
1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2) (H-2A classification
designation). Aliens seeking H-2A nonimmigrant status must be
petitioned for by a U.S. employer. However, prior to filing the
petition, the U.S. employer must complete a temporary agricultural
labor certification process with the Department of Labor (DOL) for the
job opening the employer seeks to fill with an H-2A worker. After
receiving a temporary labor certification, the U.S. employer files Form
I-129, ``Petition for Nonimmigrant Worker,'' with the appropriate USCIS
office. See 8 CFR 214.2(h)(5)(i)(A). Once a petition has been granted,
the regulations impose additional responsibilities on such H-2A
petitioners. These responsibilities include notifying DHS of certain
occurrences related to their H-2A workers, as discussed below.
A. Employment-Related Notifications
The regulations require H-2A petitioners to provide notification to
DHS within 2 work days in the following instances:
When an H-2A worker fails to report to work within 5 work
days of the employment start date on the H-2A petition or within 5 work
days of the start date established by the petitioner, whichever is
later;
When the agricultural labor or services for which H-2A
workers were hired is completed more than 30 days early; or
When the H-2A worker absconds from the worksite or is
terminated prior to the completion of agricultural labor or services
for which he or she was hired.
8 CFR 214.2(h)(5)(vi)(B). The regulations also require that
petitioners retain evidence of the notification filed with DHS for a
one-year period beginning from the date of the notification. 8 CFR
214.2(h)(5)(vi)(B)(2). Those petitioners that use a different
employment start date than the start date stated on the H-2A petition
must retain evidence of the changed start date and make such evidence
available for inspection by DHS officers for a one-year period
beginning on the newly established employment start date. Id. An H-2A
petitioner that fails to meet these requirements is subject to
liquidated damages in the amount of $10. 8 CFR 214.2(h)(5)(vi)(B)(3).
B. Fee-Related Notifications
The regulations provide petitioners with the opportunity to avoid
denial or revocation (on notice) of their H-2A petition if they notify
DHS regarding information they obtained following the filing of their
H-2A petition concerning the beneficiary's payment or agreement to pay
a fee or compensation in connection to any facilitator, recruiter, or
similar employment service as a condition of obtaining the H-2A
employment. 8 CFR 214.2(h)(5)(xi)(A)(4). The regulations prohibit such
payments and agreements. 8 CFR 214.2(h)(5)(xi)(A). Notification of a
beneficiary's payment or agreement to pay the prohibited fees must be
made within 2 workdays of gaining such knowledge. 8 CFR
214.2(h)(5)(xi)(A)(4).
This Notice specifies the manner in which H-2A petitioners must
file employment-related and fee-related notifications with DHS in order
to comply with the regulations. 8 CFR 214.2(h)(5)(vi)(B) and 8 CFR
214.2(h)(5)(xii)(A)(4).
II. Employment-Related Notifications
A. Filing Notifications
This Notice announces that beginning on January 17, 2009, H-2A
petitioners must provide employment-related notifications to USCIS
within 2 workdays of an event specified in 8 CFR 214.2(h)(5)(vi)(B).
The petitioner must include the following information in the
notification.
(1) The reason for the notification;
(2) The reason for untimely notification and evidence for good
cause, if applicable;
(3) The USCIS receipt number of the approved H-2A petition;
(4) The petitioner's name, address, telephone number, and employer
identification number (EIN);
(5) The employer's name, address, and telephone number, if it is
different from that of the petitioner;
(6) The name of the H-2A worker in question;
(7) The date and place of birth of the H-2A worker in question; and
(8) The last known physical address and telephone number of the H-
2A worker in question.
USCIS acknowledges that where an H-2A petitioner is reporting the
failure of an H-2A worker to report to work within the prescribed time
frame, petitioners may not know the names of H-2A workers who fail to
report to the employment site if the workers are unnamed beneficiaries
of the H-2A petition. In such cases, USCIS requires the petitioner to
supply only the number of workers who failed to report to work within
the prescribed time frame instead of such workers' names, dates of
birth, and places of birth.
USCIS encourages the petitioner to submit notification
electronically by e-mail. However, USCIS realizes that in certain
instances electronic notification may not be possible or feasible for
the H-2A petitioner. Accordingly, the following two methods for
notification are acceptable. Notification by mail must be postmarked
before the end of the 2 workday reporting window.
By e-mail: CSC-X.H-2AAbs@dhs.gov.
By mail: California Service Center, Attn: Div X/BCU ACD, P.O. Box
30050, Laguna Niguel, CA 92607-3004.
B. Failure To Comply With the Requirements
In cases where an H-2A petitioner makes an admission of an untimely
notification (for example, a notification letter admitting that the
notification is being sent after the close of the 2 workdays window),
USCIS will make a determination of liability for liquidated damages.
Untimely notification must be accompanied by evidence of good cause.
Failure to notify timely may be excused in the discretion of USCIS if
it is demonstrated that the delay was due to extraordinary
circumstances beyond the control of the H-2A petitioner, and USCIS
finds the delay commensurate with the circumstances. If the H-2A
petitioner fails to demonstrate good cause for failure to make a timely
notification, USCIS will communicate liability for liquidated damages
to the H-2A petitioner and inform the petitioner that it will receive a
demand letter for payment directly from U.S. Customs and Border
Protection (CBP). H-2A petitioners must not send checks to USCIS when
sending untimely notifications.
In any situation where U.S. Immigration and Customs Enforcement
(ICE) uncovers evidence of liability for H-2A liquidated damages in the
course of its investigatory work, ICE will make a determination of
liability. ICE will provide the petitioner with written notice of non-
compliance as well as the
[[Page 77049]]
petitioner's liability for liquidated damages. If the petitioner wishes
to contest the allegations set forth in the notice of non-compliance,
written notice must be received by ICE within 30 days of receipt of the
notice of non-compliance. 8 CFR 214.2(h)(5)(vi)(C). If the petitioner
fails to contest the finding of non-compliance, or the petitioner's
response fails to raise an issue of material fact, ICE will communicate
liability for liquidated damages to the H-2A petitioner and inform the
petitioner that it will receive a demand letter for payment for
liquidated damages directly from CBP.
CBP will collect all liquidated damage payments. The CBP demand
letter will specify the manner in which payment must be made.
III. Fee-Related Notifications
This Notice announces that on January 17, 2009, H-2A petitioners
may begin filing fee-related notifications to USCIS pursuant to 8 CFR
214.2(h)(5)(xi)(A)(4). The notification must include the following
information:
(1) The USCIS receipt number of the H-2A petition;
(2) The petitioner's name, address, and telephone number;
(3) The employer's name, address, and telephone number, if it is
different from that of the petitioner; and the
(4) Name and address of the facilitator, recruiter, or placement
service to which alien beneficiaries paid or agreed to pay the
prohibited fees.
As previously stated, USCIS encourages the petitioner to submit
notification electronically by e-mail. However, USCIS realizes that in
certain instances, electronic notification may not be possible or
feasible for the H-2A petitioner. Accordingly, the following two
methods for notification are acceptable. Notification by mail must be
postmarked before the end of the 2 workday reporting window.
By e-mail: CSC.H2AFee@dhs.gov.
By mail: California Service Center, P.O. Box 10695, Laguna Niguel,
CA 92607-1095.
IV. Paperwork Reduction Act
This Notice sets forth the procedures for H-2A petitioners to
notify USCIS when:
An H-2A worker fails to report to work within 5 workdays
of the employment start date on the H-2A petition or within 5 workdays
of the start date established by the petitioner, whichever is later;
When the agricultural labor or services for which H-2A
workers were hired is completed more than 30 days early; or
When the H-2A worker absconds from the worksite or is
terminated prior to the completion of agricultural labor or services
for which he or she was hired.
H-2A petitioners must retain evidence of any such notification sent to
USCIS, as well as evidence of an employment start date if different
from the start date stated on the H-2A petition, for a one-year period.
This Notice further provides the procedures for H-2A petitioners to
notify USCIS, after an H-2A petition has been filed, within 2 work days
of learning that an H-2A alien worker paid a fee or other compensation
to a facilitator, recruiter, or similar employment service as a
condition of obtaining the H-2A employment.
These notification requirements are considered information
collections covered under the Paperwork Reduction Act (PRA).
Since implementation will begin 30 days from the date of
publication of this notice in the Federal Register, this new
information collection has been submitted and approved by OMB under the
emergency review and clearance procedures covered under the PRA. USCIS
is requesting comments on this new information collection no later than
January 17, 2009. When submitting comments on the information
collection, your comments should address one or more of the following
four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the agency, including whether the information
will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of the information on
those who are to respond, including through the use of any and all
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Overview of Information Collection
a. Type of information collection: New information collection.
b. Title of Form/Collection: H-2A's Petitioners Employment-Related
or Fee-Related Notification
c. Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: No form
number. U.S. Citizenship and Immigration Services.
d. Affected public who will be asked or required to respond, as
well as a brief abstract: Individuals or Households. This information
collection is necessary to provide employment related or fee related
notification by an H-2A petitioner.
e. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: 1,000 respondents
at .50 (30 minutes) per response.
f. An estimate of the total of public burden (in hours) associated
with the collection: Approximately 500 burden hours.
All comments and suggestions or questions regarding additional
information should be directed to the Department of Homeland Security,
U.S. Citizenship and Immigration Services, Regulatory Management
Division, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC
20529, Attention: Chief, 202-272-8377.
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E8-29786 Filed 12-17-08; 8:45 am]
BILLING CODE 9117-97-P
