Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs, 3067-3069 [2020-00795]

Download as PDF Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) 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. Maile Arthur, Deputy Director of Information Management, Mission Support, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2020–00711 Filed 1–16–20; 8:45 am] BILLING CODE 9111–27–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 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 84 countries whose nationals are eligible to participate in the H–2A program and 81 countries whose nationals are eligible to participate in the H–2B program for the coming year. DATES: The designations in this notice are effective from January 19, 2020, and shall be without effect after January 18, 2021. lotter on DSKBCFDHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:20 Jan 16, 2020 Jkt 250001 FOR FURTHER INFORMATION CONTACT: Ihsan Gunduz, Office of Strategy, Policy, and Plans, Department of Homeland Security, Washington, DC 20528, (202) 282–9708. SUPPLEMENTARY INFORMATION: Background Generally, USCIS may approve H–2A and H–2B petitions for nationals of only those countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated as participating countries.1 Such designation must be published as a notice in the Federal Register and expires after one year. 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 exclusion of a country or the removal of a country from the list include, but are not limited to: Fraud, abuse, nonimmigrant overstay 2 rates (including but not limited to H–2 nonimmigrants), and other forms of non-compliance with the terms and conditions of the H–2 visa programs by nationals of that country. 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. 2 An overstay occurs when a nonimmigrant who was lawfully admitted to the United States for an authorized period remains in the United States beyond his or her authorized period of admission. For purposes of this Federal Register Notice, DHS uses FY 2018 U.S. Customs and Border Protection H–2A and H–2B nonimmigrant overstay data. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 3067 USCIS, however, may allow, on a case-by-case basis, a national from a country that is 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. Determination of such U.S. interest will take into account factors, including but not limited to: (1) Evidence from the petitioner demonstrating that a worker with the required skills is not available either from among U.S. workers or from among foreign workers from a country currently on the list described in 8 CFR 214.2 (h)(5)(i)(F)(1)(i) (H–2A nonimmigrants) or 214.2(h)(6)(1)(E)(1) (H–2B nonimmigrants), as applicable; (2) evidence that the beneficiary has been admitted to the United States previously in H–2A or H–2B status; (3) the potential for abuse, fraud, or other harm to the integrity of the H–2A or H– 2B visa program through the potential admission of a beneficiary from a country not currently on the list; and (4) such other factors as may serve the U.S. interest. See 8 CFR 214.2(h)(5)(i)(F)(1)(ii) and 8 CFR 214.2(h)(6)(i)(E)(2). 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 were 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 1 country 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 1 country from the H–2B program and adding 16 countries); 81 FR 74468 (Oct. 26, 2016) (adding 1 country); 83 FR 2646 (Jan. 18, 2018) (removing 3 countries and adding 1 country); 84 FR 133 (Jan. 18, 2019) (removing 2 countries from both the H–2A program E:\FR\FM\17JAN1.SGM 17JAN1 3068 Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices and the H–2B program, removing 1 country from only the H–2B program, and adding 2 countries to both programs and 1 country to only the H–2A program). lotter on DSKBCFDHB2PROD with NOTICES Countries With Continued Eligibility The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that 84 countries previously designated to participate in the H–2A program in the January 18, 2019 notice continue to meet the regulatory standards 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 to participate in the H–2B program in the January 18, 2019 notice continue to meet the regulatory standards for eligible countries and therefore should remain designated as countries whose nationals are eligible to participate in the H–2B program. These determinations take into account how the regulatory factors identified above apply to each of these countries. Countries Designated as Eligible The Secretary of Homeland Security has now determined, with the concurrence of the Secretary of State, that the countries designated as eligible shall remain unchanged for 2020. Consistent with the 2019 notice, nationals of non-designated countries may still be beneficiaries of approved H–2A and H–2B petitions upon the request of the petitioner if USCIS determines, as a matter of discretion and on a case-by-case basis, 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)(ii) and 8 CFR 214.2(h)(6)(i)(E)(2). USCIS may favorably consider a beneficiary of an H–2A or H–2B petition who is not a national of a country included on the H–2A or H–2B eligibility list as serving the national interest, depending on the totality of the circumstances. Factors USCIS may consider include, among other things, whether a beneficiary has previously been admitted to the United States in H–2A or H–2B status and complied with the terms of the program. An additional factor for beneficiaries of H–2B petitions, although not necessarily determinative standing alone, would be whether the H–2B petition qualifies under section 1045 of the National Defense Authorization Act (NDAA) for FY 2020, Public Law 116–92. However, any ultimate determination of eligibility will be made according to all of the VerDate Sep<11>2014 18:20 Jan 16, 2020 Jkt 250001 relevant factors and evidence in each individual circumstance. 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. Estonia 21. Fiji 22. Finland 23. France 24. Germany 25. Greece 26. Grenada 27. Guatemala 28. Honduras 29. Hungary 30. Iceland 31. Ireland 32. Israel 33. Italy 34. Jamaica 35. Japan 36. Kiribati 37. Latvia 38. Liechtenstein 39. Lithuania 40. Luxembourg 41. Macedonia 42. Madagascar 43. Malta 44. Mexico 45. Moldova 46. Monaco 47. Mongolia 48. Montenegro 49. Mozambique 50. Nauru 51. The Netherlands 52. New Zealand PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 53. Nicaragua 54. Norway 55. Panama 56. Papua New Guinea 57. Paraguay 58. Peru 59. Poland 60. Portugal 61. Romania 62. Samoa 63. San Marino 64. Serbia 65. Singapore 66. Slovakia 67. Slovenia 68. Solomon Islands 69. South Africa 70. South Korea 71. Spain 72. St. Vincent and the Grenadines 73. Sweden 74. Switzerland 75. Taiwan 76. Thailand 77. Timor-Leste 78. Tonga 79. Turkey 80. Tuvalu 81. United Kingdom 82. Ukraine 83. Uruguay 84. 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. Ecuador 18. El Salvador 19. Estonia 20. Fiji 21. Finland 22. France 23. Germany 24. Greece 25. Grenada 26. Guatemala E:\FR\FM\17JAN1.SGM 17JAN1 lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices 27. Honduras 28. Hungary 29. Iceland 30. Ireland 31. Israel 32. Italy 33. Jamaica 34. Japan 35. Kiribati 36. Latvia 37. Liechtenstein 38. Lithuania 39. Luxembourg 40. Macedonia 41. Madagascar 42. Malta 43. Mexico 44. Monaco 45. Mongolia 46. Montenegro 47. Mozambique 48. Nauru 49. The Netherlands 50. New Zealand 51. Nicaragua 52. Norway 53. Panama 54. Papua New Guinea 55. Peru 56. Poland 57. Portugal 58. Romania 59. Samoa 60. San Marino 61. Serbia 62. Singapore 63. Slovakia 64. Slovenia 65. Solomon Islands 66. South Africa 67. South Korea 68. Spain 69. St. Vincent and the Grenadines 70. Sweden 71. Switzerland 72. Taiwan 73. Thailand 74. Timor-Leste 75. Tonga 76. Turkey 77. Tuvalu 78. Ukraine 79. United Kingdom 80. Uruguay 81. Vanuatu This notice does not affect the status of aliens who currently hold valid H–2A or H–2B nonimmigrant status. Aliens 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, for employment on or after the effective date of this notice. Similarly, aliens 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. VerDate Sep<11>2014 18:20 Jan 16, 2020 Jkt 250001 Nothing in this notice limits the authority of the Secretary of Homeland Security or his 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. Chad F. Wolf, Acting Secretary of Homeland Security. [FR Doc. 2020–00795 Filed 1–16–20; 8:45 am] BILLING CODE P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–7014–N–32] 60-Day Notice of Proposed Information Collection: Disclosure of Adjustable Rate Mortgage (ARM) Rates Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. AGENCY: HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. SUMMARY: DATES: Comments Due Date: March 17, 2020. Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Room 4176, Washington, DC 20410–5000; telephone 202–402–3400 (this is not a toll-free number) or email at Colette.Pollard@hud.gov for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at (800) 877– 8339. FOR FURTHER INFORMATION CONTACT: Barbara Leslie, Director (Acting), Home Mortgage Insurance Division, Office of Single Family Program Development, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410, telephone (202) 708–2121 (this is not a toll free number) for copies of the proposed forms and other available information. ADDRESSES: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 3069 Copies of available documents submitted to OMB may be obtained from Ms. Pollard. SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. A. Overview of Information Collection Title of Information Collection: Disclosure of Adjustable Rate Mortgage (ARM) Rates. OMB Approval Number: 2502–0322. Type of Request: Extension. Form Number: None. Description of the need for the information and proposed use: Lenders must provide mortgagors with adjustable rate mortgages an annual ARM Disclosure Notice at least 25 days before any adjustment to a mortgagor’s monthly payment may occur, and the mortgagee must inform the borrower of the changed interest rate, monthly mortgage amount, the current index interest rate value, and how the payment adjustment was calculated. HUD may review lender loan files to ensure lenders are in compliance. Respondents: Business or other forprofit (lenders). Estimated Number of Respondents: 2,440. Estimated Number of Responses: 108,556. Frequency of Response: One per FHAinsured adjustable rate loan. Average Hours per Response: 0.05 hour. Total Estimated Burdens: 5,437. B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) 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) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. HUD encourages interested parties to submit comment in response to these questions. E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3067-3069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00795]


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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 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 84 countries whose nationals are 
eligible to participate in the H-2A program and 81 countries whose 
nationals are eligible to participate in the H-2B program for the 
coming year.

DATES: The designations in this notice are effective from January 19, 
2020, and shall be without effect after January 18, 2021.

FOR FURTHER INFORMATION CONTACT: Ihsan Gunduz, Office of Strategy, 
Policy, and Plans, Department of Homeland Security, Washington, DC 
20528, (202) 282-9708.

SUPPLEMENTARY INFORMATION:

Background

    Generally, USCIS may approve H-2A and H-2B petitions for nationals 
of only those countries that the Secretary of Homeland Security, with 
the concurrence of the Secretary of State, has designated as 
participating countries.\1\ Such designation must be published as a 
notice in the Federal Register and expires after one year. 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 exclusion of 
a country or the removal of a country from the list include, but are 
not limited to: Fraud, abuse, nonimmigrant overstay \2\ rates 
(including but not limited to H-2 nonimmigrants), and other forms of 
non-compliance with the terms and conditions of the H-2 visa programs 
by nationals of that country.
---------------------------------------------------------------------------

    \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.
    \2\ An overstay occurs when a nonimmigrant who was lawfully 
admitted to the United States for an authorized period remains in 
the United States beyond his or her authorized period of admission. 
For purposes of this Federal Register Notice, DHS uses FY 2018 U.S. 
Customs and Border Protection H-2A and H-2B nonimmigrant overstay 
data.
---------------------------------------------------------------------------

    USCIS, however, may allow, on a case-by-case basis, a national from 
a country that is 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. Determination of such U.S. interest will take 
into account factors, including but not limited to: (1) Evidence from 
the petitioner demonstrating that a worker with the required skills is 
not available either from among U.S. workers or from among foreign 
workers from a country currently on the list described in 8 CFR 214.2 
(h)(5)(i)(F)(1)(i) (H-2A nonimmigrants) or 214.2(h)(6)(1)(E)(1) (H-2B 
nonimmigrants), as applicable; (2) evidence that the beneficiary has 
been admitted to the United States previously in H-2A or H-2B status; 
(3) the potential for abuse, fraud, or other harm to the integrity of 
the H-2A or H-2B visa program through the potential admission of a 
beneficiary from a country not currently on the list; and (4) such 
other factors as may serve the U.S. interest. See 8 CFR 
214.2(h)(5)(i)(F)(1)(ii) and 8 CFR 214.2(h)(6)(i)(E)(2).
    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 were 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 1 country 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 1 country from the H-2B program and adding 16 countries); 81 
FR 74468 (Oct. 26, 2016) (adding 1 country); 83 FR 2646 (Jan. 18, 2018) 
(removing 3 countries and adding 1 country); 84 FR 133 (Jan. 18, 2019) 
(removing 2 countries from both the H-2A program

[[Page 3068]]

and the H-2B program, removing 1 country from only the H-2B program, 
and adding 2 countries to both programs and 1 country to only the H-2A 
program).

Countries With Continued Eligibility

    The Secretary of Homeland Security has determined, with the 
concurrence of the Secretary of State, that 84 countries previously 
designated to participate in the H-2A program in the January 18, 2019 
notice continue to meet the regulatory standards 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 to 
participate in the H-2B program in the January 18, 2019 notice continue 
to meet the regulatory standards for eligible countries and therefore 
should remain designated as countries whose nationals are eligible to 
participate in the H-2B program. These determinations take into account 
how the regulatory factors identified above apply to each of these 
countries.

Countries Designated as Eligible

    The Secretary of Homeland Security has now determined, with the 
concurrence of the Secretary of State, that the countries designated as 
eligible shall remain unchanged for 2020.
    Consistent with the 2019 notice, nationals of non-designated 
countries may still be beneficiaries of approved H-2A and H-2B 
petitions upon the request of the petitioner if USCIS determines, as a 
matter of discretion and on a case-by-case basis, 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)(ii) and 8 CFR 214.2(h)(6)(i)(E)(2). 
USCIS may favorably consider a beneficiary of an H-2A or H-2B petition 
who is not a national of a country included on the H-2A or H-2B 
eligibility list as serving the national interest, depending on the 
totality of the circumstances. Factors USCIS may consider include, 
among other things, whether a beneficiary has previously been admitted 
to the United States in H-2A or H-2B status and complied with the terms 
of the program. An additional factor for beneficiaries of H-2B 
petitions, although not necessarily determinative standing alone, would 
be whether the H-2B petition qualifies under section 1045 of the 
National Defense Authorization Act (NDAA) for FY 2020, Public Law 116-
92. However, any ultimate determination of eligibility will be made 
according to all of the relevant factors and evidence in each 
individual circumstance.

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. Estonia
21. Fiji
22. Finland
23. France
24. Germany
25. Greece
26. Grenada
27. Guatemala
28. Honduras
29. Hungary
30. Iceland
31. Ireland
32. Israel
33. Italy
34. Jamaica
35. Japan
36. Kiribati
37. Latvia
38. Liechtenstein
39. Lithuania
40. Luxembourg
41. Macedonia
42. Madagascar
43. Malta
44. Mexico
45. Moldova
46. Monaco
47. Mongolia
48. Montenegro
49. Mozambique
50. Nauru
51. The Netherlands
52. New Zealand
53. Nicaragua
54. Norway
55. Panama
56. Papua New Guinea
57. Paraguay
58. Peru
59. Poland
60. Portugal
61. Romania
62. Samoa
63. San Marino
64. Serbia
65. Singapore
66. Slovakia
67. Slovenia
68. Solomon Islands
69. South Africa
70. South Korea
71. Spain
72. St. Vincent and the Grenadines
73. Sweden
74. Switzerland
75. Taiwan
76. Thailand
77. Timor-Leste
78. Tonga
79. Turkey
80. Tuvalu
81. United Kingdom
82. Ukraine
83. Uruguay
84. 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. Ecuador
18. El Salvador
19. Estonia
20. Fiji
21. Finland
22. France
23. Germany
24. Greece
25. Grenada
26. Guatemala

[[Page 3069]]

27. Honduras
28. Hungary
29. Iceland
30. Ireland
31. Israel
32. Italy
33. Jamaica
34. Japan
35. Kiribati
36. Latvia
37. Liechtenstein
38. Lithuania
39. Luxembourg
40. Macedonia
41. Madagascar
42. Malta
43. Mexico
44. Monaco
45. Mongolia
46. Montenegro
47. Mozambique
48. Nauru
49. The Netherlands
50. New Zealand
51. Nicaragua
52. Norway
53. Panama
54. Papua New Guinea
55. Peru
56. Poland
57. Portugal
58. Romania
59. Samoa
60. San Marino
61. Serbia
62. Singapore
63. Slovakia
64. Slovenia
65. Solomon Islands
66. South Africa
67. South Korea
68. Spain
69. St. Vincent and the Grenadines
70. Sweden
71. Switzerland
72. Taiwan
73. Thailand
74. Timor-Leste
75. Tonga
76. Turkey
77. Tuvalu
78. Ukraine
79. United Kingdom
80. Uruguay
81. Vanuatu

    This notice does not affect the status of aliens who currently hold 
valid H-2A or H-2B nonimmigrant status. Aliens 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, for employment on or after the effective date of 
this notice. Similarly, aliens 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 his 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.

Chad F. Wolf,
Acting Secretary of Homeland Security.
[FR Doc. 2020-00795 Filed 1-16-20; 8:45 am]
BILLING CODE P

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