Notice of Expansion of Temporary Worker Visa Exit Program Pilot To Include H-2B Temporary Workers, 77817-77818 [E8-30093]

Download as PDF Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices (4) Name and address of the facilitator, recruiter, or placement service to which alien beneficiaries paid or agreed to pay the prohibited fees. The petitioner should submit notices to USCIS by e-mail. If e-mail notification is not feasible for the H–2B petitioner, paper notification via mail is acceptable. Notices should be sent to the following addresses. Notification by mail must be postmarked before the end of the 2 work day reporting window. If the H–2B petition was approved by California Service Center: By e-mail: CSC.H2BFee@dhs.gov. By mail: California Service Center, Attn: H2BFee, P.O. Box 10695, Laguna Niguel, CA 92607–1095. If the H–2B petition was approved by Vermont Service Center: By e-mail: VSC.H2BPROPLACEMENT@dhs.gov. By mail: Vermont Service Center, Attn: BCU ACD, 75 Lower Welden St., St. Albans, VT 05479. IV. Paperwork Reduction Act This Notice sets forth the procedures for H–2B petitioners to notify USCIS when: • An H–2B worker fails to report to work within 5 work days of the employment start date on the H–2B petition; • When the temporary labor or services for which H–2B workers were hired is completed more than 30 days early; or • When the H–2B worker absconds from the worksite or is terminated prior to the completion of the temporary labor or services for which he or she was hired. Regulations require H–2B petitioners to retain evidence of such notification sent to USCIS for a one-year period. This Notice further provides the procedures for H–2B petitioners to notify USCIS, after an H–2B petition has been filed, within 2 work days of learning that an H–2B alien worker paid a fee or other compensation to a facilitator, recruiter, or similar employment service as a condition of the offer of obtaining the H–2B 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 VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 January 18, 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–2B Petitioner’s Employment-Related or FeeRelated 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 feerelated notification by an H–2B petitioner. e. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 700 respondents at .50 hours (30 minutes) per response. f. An estimate of the total of public burden (in hours) associated with the collection: Approximately 350 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, Chief, Regulatory Management Division, 111 Massachusetts Avenue, NW., 3rd PO 00000 Frm 00227 Fmt 4703 Sfmt 4703 77817 Floor, Washington, DC 20529–2210, Attention: 202–272–8377. Paul A. Schneider, Deputy Secretary. [FR Doc. E8–30098 Filed 12–18–08; 8:45 am] BILLING CODE 9117–97–P DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection [CBP Dec. 08–49] Notice of Expansion of Temporary Worker Visa Exit Program Pilot To Include H–2B Temporary Workers AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: General notice. SUMMARY: This notice announces that U.S. Customs and Border Protection is expanding a pilot program that implements a land-border exit system for certain temporary workers at certain designated ports of entry. Under the expansion of this pilot program, temporary workers within the H–2A and H–2B nonimmigrant classifications that enter the United States at the ports of San Luis, Arizona or Douglas, Arizona on or after August 1, 2009, 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 or H–2B 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 information material that explains the pilot program requirements. DATES: The effective date of this notice is August 1, 2009. FOR FURTHER INFORMATION CONTACT: Ms. Erin M. Martin via e-mail at ERIN.Martin@dhs.gov. SUPPLEMENTARY INFORMATION: Background A pilot program for certain temporary workers was first proposed on February 13, 2008, when the Department of Homeland Security (DHS) published a notice of proposed rulemaking (73 FR 8230) to amend its regulations regarding the H–2A nonimmigrant classification.1 1 The H–2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States. Immigration and Nationality Act (Act or 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) (designation for H–2A classification). E:\FR\FM\19DEN1.SGM 19DEN1 77818 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices Specifically, DHS proposed to create 8 CFR 215.9 instituting a temporary worker visa exit pilot program and requiring certain H–2A temporary agricultural workers to participate in a pilot program that requires these workers to register with Customs and Border Protection (CBP) at the time of their departure from the United States. On December 18, 2008, a final rule was published in the Federal Register establishing the pilot program. Pursuant to the final rule, CBP published a notice, CBP Dec. 08–48, in the same Federal Register that requires H–2A temporary agricultural workers entering the U.S. at the ports of San Luis and Douglas, Arizona, on or after August 1, 2009, to register with CBP at the time of departure from the United States. On August 20, 2008, DHS published a Notice of Proposed Rulemaking in the Federal Register (73 FR 49109) proposing changes to requirements affecting temporary non-agricultural workers within the H–2B nonimmigrant classification and their U.S. employers.2 Among other things, DHS proposed to expand the temporary worker visa exit pilot program to include the H–2B nonimmigrant classification by requiring H–2B temporary nonagricultural workers admitted at a port of entry participating in the program to register with CBP at the time of departure from the United States. DHS is publishing the final rule in today’s edition of the Federal Register, concurrent with this Notice. The final rule amends 8 CFR 215.9 to provide that an alien admitted with a certain temporary worker visa at a port of entry participating in the Temporary Worker Visa Exit Program must also depart at the end of his or her authorized period of stay through a port of entry participating in the program and present designated biographic and/ or biometric information upon departure. The amended § 215.9 further states that CBP will publish a notice in the Federal Register designating which temporary workers must participate in the Temporary Worker Visa Exit Program, which ports of entry are participating in the program, which biographical and/or biometric information would be required, and the format for submission of that information by the departing designated temporary workers. 2 The H–2B nonimmigrant classification applies to foreign workers coming to the U.S. temporarily to perform temporary, non-agricultural labor or services. Immigration and Nationality Act (Act or INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b); see 8 CFR 214.1(a)(2) (designation for H–2B classification). VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 The instant notice is being issued pursuant to amended § 215.9. It contains all the required elements referenced in 8 CFR 215.9 as amended and expands the temporary worker visa exit pilot program to include both the H–2A and the H–2B classifications. The requirements of the pilot program, the designated ports, and the effective date of the pilot program will be the same for both H–2A and H–2B temporary workers. Therefore, any alien who is admitted into the United States with an H–2A or H–2B nonimmigrant visa at a designated port on or after August 1, 2009, will be subject to the expanded pilot program. Temporary Worker Visa Exit Program Pilot General Requirements Any alien admitted into the United States at a designated port of entry with either an H–2A or H–2B nonimmigrant visa must depart from a designated port of entry and must submit certain biographic and biometric information at one of the kiosks established for this purpose. Designated Ports of Entry Entry Procedures Any nonimmigrant alien admitted with an H–2A or H–2B 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 information material that explains the pilot program requirements. The information material will instruct the alien to appear in person at one of the designated ports of entry to register his or her final departure from the United States at that port on or before the date that his or her work authorization expires. Exit Procedures An alien admitted with an H–2A or H–2B nonimmigrant visa must depart at a designated port on or before the date his or her work authorization expires. At the time of departure, the alien must present the following biographic and biometric information at a kiosk installed for this purpose: • Biographic information—name, date of birth, country of citizenship, passport number, and the name of the Consulate where the alien’s visa was issued. The biographic information will be provided by scanning the alien’s travel document (visa). If the scan of the visa fails, the alien will scan his or her passport. If the scan of the passport Frm 00228 Fmt 4703 Sfmt 4703 Kiosks Instructions for departure registration will be available in both English and Spanish for use by departing aliens at the kiosks. Officer assistance will be available in the event that an alien is unable to utilize the designated kiosk to record his or her departure. Dated: December 8, 2008. Jayson P. Ahern, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. E8–30093 Filed 12–18–08; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5250–N–02] San Luis, Arizona. Douglas, Arizona. PO 00000 fails, the alien will manually enter the required biographic information. • Biometric information—a 4-finger scan from one hand. • The departure portion of the CBP Form I–94—this must be deposited into a lockbox attached to the kiosk and the departing alien will receive a receipt verifying a successfully completed checkout registration. Additional Allocations for Midwest Flood Community Development Block Grant (CDBG) Disaster Recovery Grantees under the Supplemental Appropriations Act, 2008 Office of the Secretary, HUD. Notice of allocations. AGENCY: ACTION: SUMMARY: This notice advises the public of the second allocation of CDBG disaster recovery grants for the purpose of assisting in the recovery in areas covered by a declaration of major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of natural disasters that were recent as of the law’s enactment in June 2008. As described in the supplementary information section of this notice, HUD is authorized by statute and regulations to waive statutory and regulatory requirements and specify alternative requirements, upon the request of the state grantees. This notice also describes how a state receiving an allocation may implement the common application, eligibility, and administrative waivers and the common alternative and statutory requirements for the grants. DATES: Effective Date: December 24, 2008. FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Director, E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77817-77818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30093]


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DEPARTMENT OF HOMELAND SECURITY

Customs and Border Protection

[CBP Dec. 08-49]


Notice of Expansion of Temporary Worker Visa Exit Program Pilot 
To Include H-2B Temporary Workers

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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

SUMMARY: This notice announces that U.S. Customs and Border Protection 
is expanding a pilot program that implements a land-border exit system 
for certain temporary workers at certain designated ports of entry. 
Under the expansion of this pilot program, temporary workers within the 
H-2A and H-2B nonimmigrant classifications that enter the United States 
at the ports of San Luis, Arizona or Douglas, Arizona on or after 
August 1, 2009, 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 or H-2B 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 information material that explains the pilot program 
requirements.

DATES: The effective date of this notice is August 1, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Erin M. Martin via e-mail at 
ERIN.Martin@dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

    A pilot program for certain temporary workers was first proposed on 
February 13, 2008, when the Department of Homeland Security (DHS) 
published a notice of proposed rulemaking (73 FR 8230) to amend its 
regulations regarding the H-2A nonimmigrant classification.\1\

[[Page 77818]]

Specifically, DHS proposed to create 8 CFR 215.9 instituting a 
temporary worker visa exit pilot program and requiring certain H-2A 
temporary agricultural workers to participate in a pilot program that 
requires these workers to register with Customs and Border Protection 
(CBP) at the time of their departure from the United States. On 
December 18, 2008, a final rule was published in the Federal Register 
establishing the pilot program. Pursuant to the final rule, CBP 
published a notice, CBP Dec. 08-48, in the same Federal Register that 
requires H-2A temporary agricultural workers entering the U.S. at the 
ports of San Luis and Douglas, Arizona, on or after August 1, 2009, to 
register with CBP at the time of departure from the United States.
---------------------------------------------------------------------------

    \1\ The H-2A nonimmigrant classification applies to aliens 
seeking to perform agricultural labor or services of a temporary or 
seasonal nature in the United States. Immigration and Nationality 
Act (Act or 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) (designation for H-2A 
classification).
---------------------------------------------------------------------------

    On August 20, 2008, DHS published a Notice of Proposed Rulemaking 
in the Federal Register (73 FR 49109) proposing changes to requirements 
affecting temporary non-agricultural workers within the H-2B 
nonimmigrant classification and their U.S. employers.\2\ Among other 
things, DHS proposed to expand the temporary worker visa exit pilot 
program to include the H-2B nonimmigrant classification by requiring H-
2B temporary nonagricultural workers admitted at a port of entry 
participating in the program to register with CBP at the time of 
departure from the United States. DHS is publishing the final rule in 
today's edition of the Federal Register, concurrent with this Notice.
---------------------------------------------------------------------------

    \2\ The H-2B nonimmigrant classification applies to foreign 
workers coming to the U.S. temporarily to perform temporary, non-
agricultural labor or services. Immigration and Nationality Act (Act 
or INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b); 
see 8 CFR 214.1(a)(2) (designation for H-2B classification).
---------------------------------------------------------------------------

    The final rule amends 8 CFR 215.9 to provide that an alien admitted 
with a certain temporary worker visa at a port of entry participating 
in the Temporary Worker Visa Exit Program must also depart at the end 
of his or her authorized period of stay through a port of entry 
participating in the program and present designated biographic and/or 
biometric information upon departure. The amended Sec.  215.9 further 
states that CBP will publish a notice in the Federal Register 
designating which temporary workers must participate in the Temporary 
Worker Visa Exit Program, which ports of entry are participating in the 
program, which biographical and/or biometric information would be 
required, and the format for submission of that information by the 
departing designated temporary workers.
    The instant notice is being issued pursuant to amended Sec.  215.9. 
It contains all the required elements referenced in 8 CFR 215.9 as 
amended and expands the temporary worker visa exit pilot program to 
include both the H-2A and the H-2B classifications. The requirements of 
the pilot program, the designated ports, and the effective date of the 
pilot program will be the same for both H-2A and H-2B temporary 
workers. Therefore, any alien who is admitted into the United States 
with an H-2A or H-2B nonimmigrant visa at a designated port on or after 
August 1, 2009, will be subject to the expanded pilot program.

Temporary Worker Visa Exit Program Pilot

General Requirements

    Any alien admitted into the United States at a designated port of 
entry with either an H-2A or H-2B nonimmigrant visa must depart from a 
designated port of entry and must submit certain biographic and 
biometric information at one of the kiosks established for this 
purpose.

Designated Ports of Entry

    San Luis, Arizona.
    Douglas, Arizona.

Entry Procedures

    Any nonimmigrant alien admitted with an H-2A or H-2B 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 information 
material that explains the pilot program requirements. The information 
material will instruct the alien to appear in person at one of the 
designated ports of entry to register his or her final departure from 
the United States at that port on or before the date that his or her 
work authorization expires.

Exit Procedures

    An alien admitted with an H-2A or H-2B nonimmigrant visa must 
depart at a designated port on or before the date his or her work 
authorization expires. At the time of departure, the alien must present 
the following biographic and biometric information at a kiosk installed 
for this purpose:
     Biographic information--name, date of birth, country of 
citizenship, passport number, and the name of the Consulate where the 
alien's visa was issued. The biographic information will be provided by 
scanning the alien's travel document (visa). If the scan of the visa 
fails, the alien will scan his or her passport. If the scan of the 
passport fails, the alien will manually enter the required biographic 
information.
     Biometric information--a 4-finger scan from one hand.
     The departure portion of the CBP Form I-94--this must be 
deposited into a lockbox attached to the kiosk and the departing alien 
will receive a receipt verifying a successfully completed checkout 
registration.

Kiosks

    Instructions for departure registration will be available in both 
English and Spanish for use by departing aliens at the kiosks.
    Officer assistance will be available in the event that an alien is 
unable to utilize the designated kiosk to record his or her departure.

    Dated: December 8, 2008.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
 [FR Doc. E8-30093 Filed 12-18-08; 8:45 am]
BILLING CODE 9111-14-P