Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs, 2558-2559 [2012-870]

Download as PDF 2558 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Notices Dated: January 11, 2012. Jennifer S. Spaeth, Director, Office of Federal Advisory Committee Policy . [FR Doc. 2012–869 Filed 1–17–12; 8:45 am] BILLING CODE 4140–01–P 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 Office of the Secretary, DHS. Notice. AGENCY: ACTION: Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H–2A and H–2B nonimmigrant status only 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 58 countries whose nationals are eligible to participate in the H–2A and H–2B programs for the coming year. New countries on this year’s list include Haiti, Iceland, Montenegro, Spain, and Switzerland. DATES: Effective Date: This notice is effective January 18, 2012, and shall be without effect at the end of one year after January 18, 2012. FOR FURTHER INFORMATION CONTACT: Francis Cissna, Office of Policy, Department of Homeland Security, Washington, DC 20528, (202) 447–3835. SUPPLEMENTARY INFORMATION: Background: USCIS generally may approve H–2A and H–2B petitions only 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 published as a notice in the Federal Register and expires after one year. USCIS may, however, 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). In designating countries to include on the list, the Secretary of Homeland tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:07 Jan 17, 2012 Jkt 226001 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). In December 2008, DHS published in the Federal Register two notices, ‘‘Identification of Foreign Countries Whose Nationals Are Eligible to Participate in the H–2A Visa Program,’’ and ‘‘Identification of Foreign Countries Whose Nationals Are Eligible to Participate in the H–2B Visa Program,’’ which designated 28 countries whose nationals are eligible to participate in the H–2A and H–2B programs. See 73 FR 77,043 (Dec. 18, 2008); 73 FR 77,729 (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). To allow for the continued operation of the H–2A and H–2B programs, the Secretary of Homeland Security published, with the concurrence of the Secretary of State, a notice in the Federal Register on January 19, 2010, ‘‘Identification of Foreign Countries Whose Nationals Are Eligible to Participate in the H–2A and H–2B Programs.’’ The notice provided for the continued eligibility of the 28 countries initially listed in the Federal Register notices of December 18 and December 19, 2008, and added 11 additional countries. See 75 FR 2,879 (Jan. 19, 2010). A notice in the Federal Register on January 18, 2011, ‘‘Identification of Foreign Countries Whose Nationals Are Eligible to Participate in the H–2A and H–2B Programs,’’ provided for the continued eligibility of 38 of the countries listed in the 2010 notice, removed Indonesia from the list, as Indonesia was not meeting the standards set forth in the regulation, and added 15 countries. See 76 FR 2,915 (Jan. 18, 2011). The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that the 53 countries previously designated in the January 18, 2011 notice continue to meet the standards identified in that notice for eligible countries and PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 therefore should remain designated as countries whose nationals are eligible to participate in the H–2A and H–2B programs. Further, the Secretary of Homeland Security, with the concurrence of the Secretary of State, has determined that it is now appropriate to add five 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 also considered other pertinent factors including, but not limited to, evidence of past usage of the H–2A and H–2B programs by nationals of the 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 Haiti, Iceland, Montenegro, Spain, and Switzerland 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 Nonimmigrant Worker Programs Pursuant to the authority provided to the Secretary of Homeland Security under sections 214(a)(1), and 215(a)(1) and 241 of the Immigration and Nationality Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 1231), 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 non-immigrant worker programs: Argentina Australia Barbados Belize Brazil Bulgaria Canada Chile Costa Rica Croatia Dominican Republic Ecuador El Salvador Estonia Ethiopia Fiji Guatemala Haiti Honduras Hungary Iceland Ireland Israel Jamaica E:\FR\FM\18JAN1.SGM 18JAN1 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Notices tkelley on DSK3SPTVN1PROD with NOTICES Japan Kiribati Latvia Lithuania Macedonia Mexico Moldova Montenegro Nauru The Netherlands Nicaragua New Zealand Norway Papua New Guinea Peru Philippines Poland Romania Samoa Serbia Slovakia Slovenia Solomon Islands South Africa South Korea Spain Switzerland Tonga Turkey Tuvalu Ukraine United Kingdom Uruguay Vanuatu DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: New Information Collection: Comment Request 60-Day notice of information collection under review: E-Verify 2012 Web User Survey. ACTION: * * * * * The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until March 19, 2012. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Products Division, 20 Massachusetts Avenue NW., Washington, DC 20529– 2020. Comments may also be submitted to DHS via facsimile to (202) 272–0997 or via email at rfs.regs@dhs.gov. When submitting comments by email, please make sure to add E-Verify 2012 Web User Survey in the subject box. 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 at the time they seek an extension of stay in H–2 classification, or a change of status from another non-immigrant status to H–2 status, or a change of status from H–2A to H–2B (and vice-versa). 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. Janet Napolitano, Secretary. [FR Doc. 2012–870 Filed 1–17–12; 8:45 am] BILLING CODE 9110–9M–P VerDate Mar<15>2010 16:07 Jan 17, 2012 Jkt 226001 Note: The address listed in this notice should only be used to submit comments concerning E-Verify Program Data Collection. Please do not submit requests for individual case status inquiries to this address. If you are seeking information about the status of your individual case, please check ‘‘My Case Status’’ online at https://egov.uscis.gov/cris/ Dashboard.do, or call the USCIS National Customer Service Center at 1–(800) 375–5283 (TTY 1–(800) 767–1833). Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; PO 00000 Frm 00052 Fmt 4703 Sfmt 9990 2559 (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: New information collection. (2) Title of the Form/Collection: EVerify 2012 Web User Survey. (3) 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. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or Households. E-Verify 2012 Web User Survey is necessary in order for U.S. Citizenship and Immigration Services (USCIS) to obtain data from E-Verify employers in anticipation of the enactment of mandatory state and/or national eligibility verification programs for all or a substantial number of employers. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 2,800 responses at 30 minutes (.50 hours) per response. (6) An estimate of the total public burden (in hours) associated with the collection: 1,400 annual burden hours. If you need a copy of the information collection instrument, please visit the Web site at: https://www.regulations. gov/. We may also be contacted at: USCIS, Regulatory Products Division, 20 Massachusetts Avenue NW., Washington, DC 20529–2020, Telephone number (202) 272–8377. Dated: January 12, 2012. Sunday Aigbe, Chief, Regulatory Products Division, Office of the Executive Secretariat, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2012–874 Filed 1–17–12; 8:45 am] BILLING CODE 9111–97–P E:\FR\FM\18JAN1.SGM 18JAN1

Agencies

[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Notices]
[Pages 2558-2559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-870]


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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 approve petitions for 
H-2A and H-2B nonimmigrant status only 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 58 countries whose nationals are 
eligible to participate in the H-2A and H-2B programs for the coming 
year. New countries on this year's list include Haiti, Iceland, 
Montenegro, Spain, and Switzerland.

DATES: Effective Date: This notice is effective January 18, 2012, and 
shall be without effect at the end of one year after January 18, 2012.

FOR FURTHER INFORMATION CONTACT: Francis Cissna, Office of Policy, 
Department of Homeland Security, Washington, DC 20528, (202) 447-3835.

SUPPLEMENTARY INFORMATION:
    Background: USCIS generally may approve H-2A and H-2B petitions 
only 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 
published as a notice in the Federal Register and expires after one 
year. USCIS may, however, 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).
    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).
    In December 2008, DHS published in the Federal Register two 
notices, ``Identification of Foreign Countries Whose Nationals Are 
Eligible to Participate in the H-2A Visa Program,'' and 
``Identification of Foreign Countries Whose Nationals Are Eligible to 
Participate in the H-2B Visa Program,'' which designated 28 countries 
whose nationals are eligible to participate in the H-2A and H-2B 
programs. See 73 FR 77,043 (Dec. 18, 2008); 73 FR 77,729 (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).
    To allow for the continued operation of the H-2A and H-2B programs, 
the Secretary of Homeland Security published, with the concurrence of 
the Secretary of State, a notice in the Federal Register on January 19, 
2010, ``Identification of Foreign Countries Whose Nationals Are 
Eligible to Participate in the H-2A and H-2B Programs.'' The notice 
provided for the continued eligibility of the 28 countries initially 
listed in the Federal Register notices of December 18 and December 19, 
2008, and added 11 additional countries. See 75 FR 2,879 (Jan. 19, 
2010). A notice in the Federal Register on January 18, 2011, 
``Identification of Foreign Countries Whose Nationals Are Eligible to 
Participate in the H-2A and H-2B Programs,'' provided for the continued 
eligibility of 38 of the countries listed in the 2010 notice, removed 
Indonesia from the list, as Indonesia was not meeting the standards set 
forth in the regulation, and added 15 countries. See 76 FR 2,915 (Jan. 
18, 2011).
    The Secretary of Homeland Security has determined, with the 
concurrence of the Secretary of State, that the 53 countries previously 
designated in the January 18, 2011 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 and H-2B programs. Further, the 
Secretary of Homeland Security, with the concurrence of the Secretary 
of State, has determined that it is now appropriate to add five 
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 also considered other 
pertinent factors including, but not limited to, evidence of past usage 
of the H-2A and H-2B programs by nationals of the 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 Haiti, Iceland, 
Montenegro, Spain, and Switzerland 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 Nonimmigrant Worker Programs

    Pursuant to the authority provided to the Secretary of Homeland 
Security under sections 214(a)(1), and 215(a)(1) and 241 of the 
Immigration and Nationality Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 
1231), 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 non-immigrant worker programs:

Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Haiti
Honduras
Hungary
Iceland
Ireland
Israel
Jamaica

[[Page 2559]]

Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Montenegro
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Spain
Switzerland
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu

    This notice does not affect the status of aliens who currently hold 
valid H-2A or H-2B nonimmigrant status. Persons currently holding such 
status, however, will be affected by this notice at the time they seek 
an extension of stay in H-2 classification, or a change of status from 
another non-immigrant status to H-2 status, or a change of status from 
H-2A to H-2B (and vice-versa).
    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.

Janet Napolitano,
Secretary.
[FR Doc. 2012-870 Filed 1-17-12; 8:45 am]
BILLING CODE 9110-9M-P
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