Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs, 88799-88803 [2024-25790]

Download as PDF Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA–2024–0020; OMB No. 1660–0039] Agency Information Collection Activities: Submission for OMB Review, Comment Request; National Fire Academy Long-Term Evaluation Form for Supervisors and National Fire Academy Long-Term Evaluation Form for Students/Trainees Federal Emergency Management Agency, Department of Homeland Security. ACTION: 30-Day notice of extension and request for comments. AGENCY: The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. FEMA invites the general public to take this opportunity to comment on an extension, without change, of a currently approved information collection. In accordance with the requirements of the Paperwork Reduction Act of 1995, this notice seeks comments concerning the long-term evaluation forms used to evaluate all National Fire Academy training. DATES: Comments must be submitted on or before December 9, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection should be made to Director, Information Management Division, 500 C Street SW, Washington, DC 20472, email address FEMA-Information-CollectionsManagement@fema.dhs.gov or Dawn Long, Statistician, Federal Emergency Management Agency, United State Fire Administration, National Fire Academy, (301) 447–1488, and dawn.long@ fema.dhs.gov. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: The National Fire Academy is mandated under the Fire Prevention and Control SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 Act of 1974 (Pub. L. 93–498) to provide training and education to the Nation’s fire service and emergency service personnel. The state of-the-art programs offered by the National Fire Academy serve as models of excellence and State and local fire service agencies rely heavily on the curriculum to train their personnel. To maintain the quality of these training programs, it is critical that courses be evaluated after students have had the opportunity to apply the knowledge and skills gained from their training. Information collected from the evaluation forms enables the U.S. Fire Administration and National Fire Academy staff to monitor and recommend changes in course materials, individual subject selection criteria, and to make curriculum-wide reviews and assessments. This proposed information collection previously published in the Federal Register on July 22, 2024, at 89 FR 59128 with a 60-day public comment period. FEMA received zero public comments. The purpose of this notice is to notify the public that FEMA will submit the information collection abstracted below to the Office of Management and Budget for review and clearance. Collection of Information Title: National Fire Academy LongTerm Evaluation Form for Supervisors and National Fire Academy Long-Term Evaluation Form for Students/Trainees. Type of Information Collection: Extension, without change, of a currently approved information collection. OMB Number: 1660–0039. FEMA Forms: FEMA Form FF–USFA– FY–22–118 (formerly 078–0–2), National Fire Academy Long-Term Evaluation Form for Supervisors; FF– USFA–FY–22–119 (formerly 078–0–2A), National Fire Academy Long-Term Evaluation Form for Students/Trainees. Abstract: The National Fire Academy Long-Term Evaluation Forms will be used to evaluate all National Fire Academy on-campus resident training courses. Course graduates and their supervisors will be asked to evaluate the impact of the training on both individual job performance and the performance of the fire and emergency response department where the student works. The data provided by students and supervisors is used to update existing National Fire Academy course materials and to develop new courses that reflect the emerging issues and needs of the Nation’s fire service. Affected Public: State, Local or Tribal Government. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 88799 Estimated Number of Respondents: 3,000. Estimated Number of Responses: 3,000. Estimated Total Annual Burden Hours: 405 hours. Estimated Total Annual Respondent Cost: $21,962. Estimated Respondents’ Operation and Maintenance Costs: $0. Estimated Respondents’ Capital and Start-Up Costs: $0. Estimated Total Annual Cost to the Federal Government: $64,452. Comments Comments may be submitted as indicated in the ADDRESSES caption 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. Millicent Brown Wilson, Records Management Branch Chief, Office of the Chief Administrative Officer, Mission Support, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2024–26063 Filed 11–7–24; 8:45 am] BILLING CODE 9111–45–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 SUMMARY: E:\FR\FM\08NON1.SGM 08NON1 88800 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. Each such notice shall be effective for one year after its date of publication. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 88 countries whose nationals are eligible to participate in the H–2A program and 89 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 November 7, 2024 and shall be without effect on November 8, 2025. FOR FURTHER INFORMATION CONTACT: Patrice Francis, Office of Strategy, Policy, and Plans, Department of Homeland Security, Washington, DC 20528, (202) 282–9708. SUPPLEMENTARY INFORMATION: Background ddrumheller on DSK120RN23PROD with NOTICES1 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 lists, 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 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. VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 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).2 Examples of specific factors serving the U.S. interest that are taken into account when considering whether to designate or terminate the designation of a country include, but are not limited to: fraud (e.g., fraud in the H–2 petition or visa application process by nationals of the country, the country’s level of cooperation with the U.S. government in addressing H–2 associated visa fraud, and the country’s level of information sharing to combat immigration-related fraud), nonimmigrant visa overstay 3 rates for nationals of the country (including but not limited to H–2A and H–2B nonimmigrant visa overstay rates), and non-compliance with the terms and conditions of the H–2 visa programs by nationals of the country. As previously indicated, see 88 FR 77343, in evaluating the U.S. interest, the Secretary of Homeland Security, with the concurrence of the Secretary of State, will generally ascribe a negative weight to evidence that a country had a suspected in-country visa overstay rate of 10 percent or higher with a number of expected departures of 50 individuals or higher in either the H–2A or H–2B classification according to U.S. Customs and Border Protection overstay data, and generally, with the concurrence of the Secretary of State, will terminate designation of that country from the H– 2A or H–2B nonimmigrant visa program, as appropriate, unless, after consideration of other relevant factors, it is determined not to be in the U.S. interest to do so. Similarly, DHS recognizes that countries designated under long2 DHS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that proposes to eliminate the requirement to designate countries whose nationals are eligible to participate in the H–2A and H–2B programs from DHS regulations. 88 FR 65040 (Sep. 20, 2023). The rule is in a proposal stage and does not impact the designation of eligible countries contained in this notice. The regulations requiring the designation of countries whose nationals are eligible to participate in the H–2 programs remain in effect until such time as DHS publishes any final rule amending such regulations and such final rule goes into effect, if applicable. 3 An overstay is a nonimmigrant lawfully admitted to the United States for an authorized period, but who remained in the United States beyond his or her authorized period of admission. U.S. Customs and Border Protection (CBP) identifies two types of overstays: (1) individuals for whom no departure was recorded (Suspected InCountry Overstays), and (2) individuals whose departure was recorded after their authorized period of admission expired (Out-of-Country Overstays). For purposes of this Federal Register Notice, DHS uses Fiscal Year 2023 CBP nonimmigrant overstay data for the H–2A and H– 2B nonimmigrant visa categories and the Fiscal Year 2023 Entry/Exit Overstay Report for all other visa categories. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 standing practice by U.S. Immigration and Customs Enforcement (ICE) as ‘‘At Risk of Non-Compliance’’ or ‘‘Uncooperative’’ with removals based on ICE data put the integrity of the immigration system and the American people at risk. Therefore, unless other favorable factors in the U.S. interest outweigh such designations by ICE, the Secretary of Homeland Security, with the concurrence of the Secretary of State, generally will terminate designation of such countries from the H–2A and H–2B nonimmigrant visa programs. Because there are separate lists for the H–2A and H–2B categories, it is possible that, in applying the abovedescribed regulatory criteria for listing countries, a country may appear on one list but not on the other. Even where the Secretary of Homeland Security has determined to terminate or decided not to designate a country, DHS, through USCIS, 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 it is in the U.S. interest, in the totality of the circumstances, for that individual noncitizen to be a beneficiary of an H– 2 petition. 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). An additional factor for beneficiaries of H–2B petitions, although not necessarily determinative, would be whether the H–2B petition qualifies under section 1049 of the National Defense Authorization Act (NDAA) for FY 2018, Public Law 115– 91, section 1045 of the NDAA for FY 2019, Public Law 115–232, section 9502 of the NDAA for FY 2021, Public Law 116–283, or section 5901 of the NDAA for FY 2023, Public Law 117–263. The FY 2024 NDAA, which took effect on E:\FR\FM\08NON1.SGM 08NON1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices December 22, 2023, extended the current exemption from the temporary need requirement for an additional 5 years, through the end of the day on December 30, 2029. See FY 2024 NDAA, Public Law 118–31 section 1807. In December 2008, DHS published the first lists of eligible countries for the H– 2A and H–2B Visa Programs in the Federal Register. These 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,’’ 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, 2009, and January 18, 2009, respectively. Since the publication of the first lists in 2008, with the concurrence of the Secretary of State, DHS has published a series of notices on a regular basis. See 75 FR 2879 (Jan. 19, 2010) (adding 11 countries to both programs); 76 FR 2915 (Jan. 18, 2011) (removing one country from and adding 15 countries to both programs); 77 FR 2558 (Jan. 18, 2012) (adding five countries to both programs); 78 FR 4154 (Jan. 18, 2013) (adding one country to both programs); 79 FR 3214 (Jan. 17, 2014) (adding four countries to both programs); 79 FR 74735 (Dec. 16, 2014) (adding five countries to both programs); 80 FR 72079 (Nov. 18, 2015) (removing one country from the H–2B program and adding 16 countries to both programs); 81 FR 74468 (Oct. 26, 2016) (adding one country to both programs); 83 FR 2646 (Jan. 18, 2018) (removing three countries from and adding one country to both programs); 84 FR 133 (Jan. 18, 2019) (removing two countries from and adding 2 countries to both programs, removing one country from only the H– 2B program, and adding one country to only the H–2A program); 85 FR 3067 (January 17, 2020) (leaving the lists unchanged); 86 FR 2689 (Jan. 13, 2021) (removing two countries from both programs, removing one country from only the H–2A program, and adding one country to only the H–2B program); 86 FR 62559 (Nov. 10, 2021) (removing one country from only the H–2A program, adding one country to only the H–2B program, and separately adding five countries to both programs); 87 FR 67930 (Nov. 10, 2022) (adding one country to both programs); and 88 FR 77343 (Nov. 9, 2023) (adding one country to both programs). VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 Determination of Countries With Continued Eligibility The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that the 87 countries previously designated to participate in the H–2A program in the November 9, 2023 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 the 88 countries previously designated to participate in the H–2B program in the November 9, 2023 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. Consistent with the previous notices, 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 lists 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, would be whether the H– 2B petition qualifies under section 1049 of the National Defense Authorization Act (NDAA) for FY 2018, Public Law 115–91, section 1045 of the NDAA for FY 2019, Public Law 115–232, section 9502 of the NDAA for FY 2021, Public Law 116–283, or section 5901 of the NDAA for FY 2023, Public Law 117– 263. The FY 2024 NDAA, which took effect on December 22, 2023, extended the current exemption from the temporary need requirement for an additional 5 years, through the end of the day on December 30, 2029. See FY 2024 NDAA, Public Law, 118–31, section 1807. However, any ultimate PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 88801 determination of eligibility will be made according to all the relevant factors and evidence in each individual circumstance. Countries Now Designated as Eligible The Secretary of Homeland Security has also determined, with the concurrence of the Secretary of State, that Belize should be designated as an eligible country to participate in both the H–2A and H–2B nonimmigrant visa programs because its participation is in the U.S. interest consistent with the regulations governing these programs. Belize consistently cooperates with accepting its nationals subject to a final order of removal. Furthermore, Belizean nationals are generally compliant with the terms and conditions of all visa categories. Nationals of Belize do not present significant visa overstay concerns and its overstay rates are generally consistent with other countries currently listed as eligible to participate in the H–2A and H–2B programs. In FY 2023, visa overstay rates for Belizean nationals were less than five percent across all visa categories. Adding Belize to these programs would contribute to DOS’s goals of promoting economic development and improving bilateral commercial relationships with Belize. Additionally, while irregular migration of Belizean nationals to the United States remains low, inclusion of Belize in the H–2A and H–2B programs will provide an alternative, lawful, pathway to irregular migration for Belizean nationals seeking economic opportunities in the United States. DHS recognizes that Belize was previously removed from the H–2A and H–2B eligible countries list in 2018. At that time, DHS explained that Belize did not meet the standards for inclusion on the list due to its ‘‘Tier 3’’ placement on the U.S. Department of State’s 2017 Trafficking in Persons report.4 A ‘‘Tier 3’’ placement is given to a country that does not fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards and is not making significant efforts to meet those standards.5 Belize has since been rated as a ‘‘Tier 2’’ placement, meaning that, while the country does not yet fully meet the TVPA’s minimum standards, it is making significant efforts towards compliance with those standards.6 Accordingly, DHS does not have the same concerns regarding Belize’s 4 83 FR 2646, 2647 (Jan. 18, 2018). 5 Id. 6 U.S. Department of State Office to Monitor and Combat Trafficking in Persons, ‘‘2024 Trafficking in Persons Report,’’ June 2024, https://www.state.gov/ reports/2024-trafficking-in-persons-report. E:\FR\FM\08NON1.SGM 08NON1 88802 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices inclusion on the list as previously, and DHS has determined that, based on a review of the relevant factors, adding Belize to both the H–2A and H–2B eligible countries lists serves the U.S. interest. ddrumheller on DSK120RN23PROD with NOTICES1 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) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(1) and 1185(a)(1), I am designating, with the concurrence of the Secretary of State, the following countries as those whose nationals are eligible to participate in the H–2A nonimmigrant worker program: 1. Andorra 2. Argentina 3. Australia 4. Austria 5. Barbados 6. Belgium 7. Belize 8. Bolivia 9. Bosnia and Herzegovina 10. Brazil 11. Brunei 12. Bulgaria 13. Canada 14. Chile 15. Colombia 16. Costa Rica 17. Croatia 18. Republic of Cyprus 19. Czech Republic 20. Denmark 21. Dominican Republic 22. Ecuador 23. El Salvador 24. Estonia 25. The Kingdom of Eswatini 26. Fiji 27. Finland 28. France 29. Germany 30. Greece 31. Grenada 32. Guatemala 33. Haiti 34. Honduras 35. Hungary 36. Iceland 37. Ireland 38. Israel 39. Italy 40. Jamaica 41. Japan 42. Kiribati 43. Latvia 44. Liechtenstein 45. Lithuania 46. Luxembourg 47. Madagascar 48. Malta VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 49. Mauritius 50. Mexico 51. Monaco 52. Montenegro 53. Mozambique 54. Nauru 55. The Netherlands 56. New Zealand 57. Nicaragua 58. North Macedonia (formerly Macedonia) 59. Norway 60. Panama 61. Papua New Guinea 62. Paraguay 63. Peru 64. Poland 65. Portugal 66. Romania 67. Saint Lucia 68. San Marino 69. Serbia 70. Singapore 71. Slovakia 72. Slovenia 73. Solomon Islands 74. South Africa 75. South Korea 76. Spain 77. St. Vincent and the Grenadines 78. Sweden 79. Switzerland 80. Taiwan 81. Thailand 82. Timor-Leste 83. Turkey 84. Tuvalu 85. Ukraine 86. United Kingdom 87. Uruguay 88. Vanuatu Pursuant to the authority provided to the Secretary of Homeland Security under sections 214(a)(1) and 215(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(1) and 1185(a)(1)), I am designating, with the concurrence of the Secretary of State, the following countries as those whose nationals are eligible to participate in the H–2B nonimmigrant worker program: 1. Andorra 2. Argentina 3. Australia 4. Austria 5. Barbados 6. Belgium 7. Belize 8. Bolivia 9. Bosnia and Herzegovina 10. Brazil 11. Brunei 12. Bulgaria 13. Canada 14. Chile 15. Colombia 16. Costa Rica 17. Croatia PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 18. Republic of Cyprus 19. Czech Republic 20. Denmark 21. Dominican Republic 22. Ecuador 23. El Salvador 24. Estonia 25. The Kingdom of Eswatini 26. Fiji 27. Finland 28. France 29. Germany 30. Greece 31. Grenada 32. Guatemala 33. Haiti 34. Honduras 35. Hungary 36. Iceland 37. Ireland 38. Israel 39. Italy 40. Jamaica 41. Japan 42. Kiribati 43. Latvia 44. Liechtenstein 45. Lithuania 46. Luxembourg 47. Madagascar 48. Malta 49. Mauritius 50. Mexico 51. Monaco 52. Mongolia 53. Montenegro 54. Mozambique 55. Nauru 56. The Netherlands 57. New Zealand 58. Nicaragua 59. North Macedonia (formerly Macedonia) 60. Norway 61. Panama 62. Papua New Guinea 63. Peru 64. The Philippines 65. Poland 66. Portugal 67. Romania 68. Saint Lucia 69. San Marino 70. Serbia 71. Singapore 72. Slovakia 73. Slovenia 74. Solomon Islands 75. South Africa 76. South Korea 77. Spain 78. St. Vincent and the Grenadines 79. Sweden 80. Switzerland 81. Taiwan 82. Thailand 83. Timor-Leste 84. Turkey 85. Tuvalu E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 86. Ukraine 87. United Kingdom 88. Uruguay 89. Vanuatu This notice does not affect the current status of noncitizens who at the time of publication of this notice hold valid H– 2A or H–2B nonimmigrant status. Noncitizens currently holding such status, however, will be affected by this notice should they seek an extension of stay in the 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, noncitizens holding nonimmigrant status other than H–2 are not affected by this notice, but will be affected by this notice if they seek a change of status to H–2 on or after the effective date of this notice. 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. Alejandro N. Mayorkas, Secretary of Homeland Security. [FR Doc. 2024–25790 Filed 11–7–24; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service I. Public Comment Procedures [Docket No. FWS–HQ–IA–2024–0183; FXIA16710900000–245–FF09A30000] Foreign Endangered Species; Receipt of Permit Applications Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species. DATES: We must receive comments by December 9, 2024. ADDRESSES: Obtaining Documents: The applications, application supporting ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:38 Nov 07, 2024 Jkt 265001 materials, and any comments and other materials that we receive will be available for public inspection at https://www.regulations.gov in Docket No. FWS–HQ–IA–2024–0183. Submitting Comments: When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. You may submit comments by one of the following methods: • Internet: https:// www.regulations.gov. Search for and submit comments on Docket No. FWS– HQ–IA–2024–0183. • U.S. mail: Public Comments Processing, Attn: Docket No. FWS–HQ– IA–2024–0183; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. For more information, see Public Comment Procedures under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Timothy MacDonald, by phone at 703– 358–2185 or via email at DMAFR@ fws.gov. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: A. How do I comment on submitted applications? We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period. You may submit your comments and materials by one of the methods in ADDRESSES. We will not consider comments sent by email or to an address not in ADDRESSES. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES). When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. Provide sufficient information to allow us to authenticate any scientific or commercial data you include. The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 88803 (2) those that include citations to, and analyses of, the applicable laws and regulations. B. May I review comments submitted by others? You may view and comment on others’ public comments at https:// www.regulations.gov unless our allowing so would violate the Privacy Act (5 U.S.C. 552a) or Freedom of Information Act (5 U.S.C. 552). C. Who will see my comments? If you submit a comment at https:// www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, such as your address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Moreover, all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. II. Background To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(c) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), we invite public comments on permit applications before final action is taken. With some exceptions, the ESA prohibits certain activities with listed species unless Federal authorization is issued that allows such activities. Permits issued under section 10(a)(1)(A) of the ESA allow otherwise prohibited activities for scientific purposes or to enhance the propagation or survival of the affected species. Service regulations regarding prohibited activities with endangered species, captive-bred wildlife registrations, and permits for any activity otherwise prohibited by the ESA with respect to any endangered species are available in title 50 of the Code of Federal Regulations in part 17. III. Permit Applications We invite comments on the following applications. Applicant: Monterey Zoo, Salinas, CA; Permit No. PER12865944 The applicant requests a permit to purchase in interstate commerce two captive-born lions (Panthera leo E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88799-88803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25790]


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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.

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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

[[Page 88800]]

Homeland Security, with the concurrence of the Secretary of State, has 
designated by notice published in the Federal Register. Each such 
notice shall be effective for one year after its date of publication. 
This notice announces that the Secretary of Homeland Security, in 
consultation with the Secretary of State, is identifying 88 countries 
whose nationals are eligible to participate in the H-2A program and 89 
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 November 7, 
2024 and shall be without effect on November 8, 2025.

FOR FURTHER INFORMATION CONTACT: Patrice Francis, 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 lists, 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).\2\ Examples of 
specific factors serving the U.S. interest that are taken into account 
when considering whether to designate or terminate the designation of a 
country include, but are not limited to: fraud (e.g., fraud in the H-2 
petition or visa application process by nationals of the country, the 
country's level of cooperation with the U.S. government in addressing 
H-2 associated visa fraud, and the country's level of information 
sharing to combat immigration-related fraud), nonimmigrant visa 
overstay \3\ rates for nationals of the country (including but not 
limited to H-2A and H-2B nonimmigrant visa overstay rates), and non-
compliance with the terms and conditions of the H-2 visa programs by 
nationals of the country.
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    \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\ DHS published a Notice of Proposed Rulemaking (NPRM) in the 
Federal Register that proposes to eliminate the requirement to 
designate countries whose nationals are eligible to participate in 
the H-2A and H-2B programs from DHS regulations. 88 FR 65040 (Sep. 
20, 2023). The rule is in a proposal stage and does not impact the 
designation of eligible countries contained in this notice. The 
regulations requiring the designation of countries whose nationals 
are eligible to participate in the H-2 programs remain in effect 
until such time as DHS publishes any final rule amending such 
regulations and such final rule goes into effect, if applicable.
    \3\ An overstay is a nonimmigrant lawfully admitted to the 
United States for an authorized period, but who remained in the 
United States beyond his or her authorized period of admission. U.S. 
Customs and Border Protection (CBP) identifies two types of 
overstays: (1) individuals for whom no departure was recorded 
(Suspected In-Country Overstays), and (2) individuals whose 
departure was recorded after their authorized period of admission 
expired (Out-of-Country Overstays). For purposes of this Federal 
Register Notice, DHS uses Fiscal Year 2023 CBP nonimmigrant overstay 
data for the H-2A and H-2B nonimmigrant visa categories and the 
Fiscal Year 2023 Entry/Exit Overstay Report for all other visa 
categories.
---------------------------------------------------------------------------

    As previously indicated, see 88 FR 77343, in evaluating the U.S. 
interest, the Secretary of Homeland Security, with the concurrence of 
the Secretary of State, will generally ascribe a negative weight to 
evidence that a country had a suspected in-country visa overstay rate 
of 10 percent or higher with a number of expected departures of 50 
individuals or higher in either the H-2A or H-2B classification 
according to U.S. Customs and Border Protection overstay data, and 
generally, with the concurrence of the Secretary of State, will 
terminate designation of that country from the H-2A or H-2B 
nonimmigrant visa program, as appropriate, unless, after consideration 
of other relevant factors, it is determined not to be in the U.S. 
interest to do so.
    Similarly, DHS recognizes that countries designated under long-
standing practice by U.S. Immigration and Customs Enforcement (ICE) as 
``At Risk of Non-Compliance'' or ``Uncooperative'' with removals based 
on ICE data put the integrity of the immigration system and the 
American people at risk. Therefore, unless other favorable factors in 
the U.S. interest outweigh such designations by ICE, the Secretary of 
Homeland Security, with the concurrence of the Secretary of State, 
generally will terminate designation of such countries from the H-2A 
and H-2B nonimmigrant visa programs. Because there are separate lists 
for the H-2A and H-2B categories, it is possible that, in applying the 
above-described regulatory criteria for listing countries, a country 
may appear on one list but not on the other.
    Even where the Secretary of Homeland Security has determined to 
terminate or decided not to designate a country, DHS, through USCIS, 
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 it is in the U.S. interest, in 
the totality of the circumstances, for that individual noncitizen to be 
a beneficiary of an H-2 petition. 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). An 
additional factor for beneficiaries of H-2B petitions, although not 
necessarily determinative, would be whether the H-2B petition qualifies 
under section 1049 of the National Defense Authorization Act (NDAA) for 
FY 2018, Public Law 115-91, section 1045 of the NDAA for FY 2019, 
Public Law 115-232, section 9502 of the NDAA for FY 2021, Public Law 
116-283, or section 5901 of the NDAA for FY 2023, Public Law 117-263. 
The FY 2024 NDAA, which took effect on

[[Page 88801]]

December 22, 2023, extended the current exemption from the temporary 
need requirement for an additional 5 years, through the end of the day 
on December 30, 2029. See FY 2024 NDAA, Public Law 118-31 section 1807.
    In December 2008, DHS published the first lists of eligible 
countries for the H-2A and H-2B Visa Programs in the Federal Register. 
These 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,'' 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, 2009, and January 18, 
2009, respectively. Since the publication of the first lists in 2008, 
with the concurrence of the Secretary of State, DHS has published a 
series of notices on a regular basis. See 75 FR 2879 (Jan. 19, 2010) 
(adding 11 countries to both programs); 76 FR 2915 (Jan. 18, 2011) 
(removing one country from and adding 15 countries to both programs); 
77 FR 2558 (Jan. 18, 2012) (adding five countries to both programs); 78 
FR 4154 (Jan. 18, 2013) (adding one country to both programs); 79 FR 
3214 (Jan. 17, 2014) (adding four countries to both programs); 79 FR 
74735 (Dec. 16, 2014) (adding five countries to both programs); 80 FR 
72079 (Nov. 18, 2015) (removing one country from the H-2B program and 
adding 16 countries to both programs); 81 FR 74468 (Oct. 26, 2016) 
(adding one country to both programs); 83 FR 2646 (Jan. 18, 2018) 
(removing three countries from and adding one country to both 
programs); 84 FR 133 (Jan. 18, 2019) (removing two countries from and 
adding 2 countries to both programs, removing one country from only the 
H-2B program, and adding one country to only the H-2A program); 85 FR 
3067 (January 17, 2020) (leaving the lists unchanged); 86 FR 2689 (Jan. 
13, 2021) (removing two countries from both programs, removing one 
country from only the H-2A program, and adding one country to only the 
H-2B program); 86 FR 62559 (Nov. 10, 2021) (removing one country from 
only the H-2A program, adding one country to only the H-2B program, and 
separately adding five countries to both programs); 87 FR 67930 (Nov. 
10, 2022) (adding one country to both programs); and 88 FR 77343 (Nov. 
9, 2023) (adding one country to both programs).

Determination of Countries With Continued Eligibility

    The Secretary of Homeland Security has determined, with the 
concurrence of the Secretary of State, that the 87 countries previously 
designated to participate in the H-2A program in the November 9, 2023 
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 the 88 countries previously designated to 
participate in the H-2B program in the November 9, 2023 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.
    Consistent with the previous notices, 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 lists 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, would be whether the 
H-2B petition qualifies under section 1049 of the National Defense 
Authorization Act (NDAA) for FY 2018, Public Law 115-91, section 1045 
of the NDAA for FY 2019, Public Law 115-232, section 9502 of the NDAA 
for FY 2021, Public Law 116-283, or section 5901 of the NDAA for FY 
2023, Public Law 117-263. The FY 2024 NDAA, which took effect on 
December 22, 2023, extended the current exemption from the temporary 
need requirement for an additional 5 years, through the end of the day 
on December 30, 2029. See FY 2024 NDAA, Public Law, 118-31, section 
1807. However, any ultimate determination of eligibility will be made 
according to all the relevant factors and evidence in each individual 
circumstance.

Countries Now Designated as Eligible

    The Secretary of Homeland Security has also determined, with the 
concurrence of the Secretary of State, that Belize should be designated 
as an eligible country to participate in both the H-2A and H-2B 
nonimmigrant visa programs because its participation is in the U.S. 
interest consistent with the regulations governing these programs.
    Belize consistently cooperates with accepting its nationals subject 
to a final order of removal. Furthermore, Belizean nationals are 
generally compliant with the terms and conditions of all visa 
categories. Nationals of Belize do not present significant visa 
overstay concerns and its overstay rates are generally consistent with 
other countries currently listed as eligible to participate in the H-2A 
and H-2B programs. In FY 2023, visa overstay rates for Belizean 
nationals were less than five percent across all visa categories. 
Adding Belize to these programs would contribute to DOS's goals of 
promoting economic development and improving bilateral commercial 
relationships with Belize. Additionally, while irregular migration of 
Belizean nationals to the United States remains low, inclusion of 
Belize in the H-2A and H-2B programs will provide an alternative, 
lawful, pathway to irregular migration for Belizean nationals seeking 
economic opportunities in the United States.
    DHS recognizes that Belize was previously removed from the H-2A and 
H-2B eligible countries list in 2018. At that time, DHS explained that 
Belize did not meet the standards for inclusion on the list due to its 
``Tier 3'' placement on the U.S. Department of State's 2017 Trafficking 
in Persons report.\4\ A ``Tier 3'' placement is given to a country that 
does not fully meet the Trafficking Victims Protection Act's (TVPA) 
minimum standards and is not making significant efforts to meet those 
standards.\5\ Belize has since been rated as a ``Tier 2'' placement, 
meaning that, while the country does not yet fully meet the TVPA's 
minimum standards, it is making significant efforts towards compliance 
with those standards.\6\ Accordingly, DHS does not have the same 
concerns regarding Belize's

[[Page 88802]]

inclusion on the list as previously, and DHS has determined that, based 
on a review of the relevant factors, adding Belize to both the H-2A and 
H-2B eligible countries lists serves the U.S. interest.
---------------------------------------------------------------------------

    \4\ 83 FR 2646, 2647 (Jan. 18, 2018).
    \5\ Id.
    \6\ U.S. Department of State Office to Monitor and Combat 
Trafficking in Persons, ``2024 Trafficking in Persons Report,'' June 
2024, https://www.state.gov/reports/2024-trafficking-in-persons-report.
---------------------------------------------------------------------------

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) of the Immigration and 
Nationality Act (8 U.S.C. 1184(a)(1) and 1185(a)(1), I am designating, 
with the concurrence of the Secretary of State, the following countries 
as those whose nationals are eligible to participate in the H-2A 
nonimmigrant worker program:

1. Andorra
2. Argentina
3. Australia
4. Austria
5. Barbados
6. Belgium
7. Belize
8. Bolivia
9. Bosnia and Herzegovina
10. Brazil
11. Brunei
12. Bulgaria
13. Canada
14. Chile
15. Colombia
16. Costa Rica
17. Croatia
18. Republic of Cyprus
19. Czech Republic
20. Denmark
21. Dominican Republic
22. Ecuador
23. El Salvador
24. Estonia
25. The Kingdom of Eswatini
26. Fiji
27. Finland
28. France
29. Germany
30. Greece
31. Grenada
32. Guatemala
33. Haiti
34. Honduras
35. Hungary
36. Iceland
37. Ireland
38. Israel
39. Italy
40. Jamaica
41. Japan
42. Kiribati
43. Latvia
44. Liechtenstein
45. Lithuania
46. Luxembourg
47. Madagascar
48. Malta
49. Mauritius
50. Mexico
51. Monaco
52. Montenegro
53. Mozambique
54. Nauru
55. The Netherlands
56. New Zealand
57. Nicaragua
58. North Macedonia (formerly Macedonia)
59. Norway
60. Panama
61. Papua New Guinea
62. Paraguay
63. Peru
64. Poland
65. Portugal
66. Romania
67. Saint Lucia
68. San Marino
69. Serbia
70. Singapore
71. Slovakia
72. Slovenia
73. Solomon Islands
74. South Africa
75. South Korea
76. Spain
77. St. Vincent and the Grenadines
78. Sweden
79. Switzerland
80. Taiwan
81. Thailand
82. Timor-Leste
83. Turkey
84. Tuvalu
85. Ukraine
86. United Kingdom
87. Uruguay
88. Vanuatu

    Pursuant to the authority provided to the Secretary of Homeland 
Security under sections 214(a)(1) and 215(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(a)(1) and 1185(a)(1)), I am designating, 
with the concurrence of the Secretary of State, the following countries 
as those whose nationals are eligible to participate in the H-2B 
nonimmigrant worker program:

1. Andorra
2. Argentina
3. Australia
4. Austria
5. Barbados
6. Belgium
7. Belize
8. Bolivia
9. Bosnia and Herzegovina
10. Brazil
11. Brunei
12. Bulgaria
13. Canada
14. Chile
15. Colombia
16. Costa Rica
17. Croatia
18. Republic of Cyprus
19. Czech Republic
20. Denmark
21. Dominican Republic
22. Ecuador
23. El Salvador
24. Estonia
25. The Kingdom of Eswatini
26. Fiji
27. Finland
28. France
29. Germany
30. Greece
31. Grenada
32. Guatemala
33. Haiti
34. Honduras
35. Hungary
36. Iceland
37. Ireland
38. Israel
39. Italy
40. Jamaica
41. Japan
42. Kiribati
43. Latvia
44. Liechtenstein
45. Lithuania
46. Luxembourg
47. Madagascar
48. Malta
49. Mauritius
50. Mexico
51. Monaco
52. Mongolia
53. Montenegro
54. Mozambique
55. Nauru
56. The Netherlands
57. New Zealand
58. Nicaragua
59. North Macedonia (formerly Macedonia)
60. Norway
61. Panama
62. Papua New Guinea
63. Peru
64. The Philippines
65. Poland
66. Portugal
67. Romania
68. Saint Lucia
69. San Marino
70. Serbia
71. Singapore
72. Slovakia
73. Slovenia
74. Solomon Islands
75. South Africa
76. South Korea
77. Spain
78. St. Vincent and the Grenadines
79. Sweden
80. Switzerland
81. Taiwan
82. Thailand
83. Timor-Leste
84. Turkey
85. Tuvalu

[[Page 88803]]

86. Ukraine
87. United Kingdom
88. Uruguay
89. Vanuatu

    This notice does not affect the current status of noncitizens who 
at the time of publication of this notice hold valid H-2A or H-2B 
nonimmigrant status. Noncitizens currently holding such status, 
however, will be affected by this notice should they seek an extension 
of stay in the 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, noncitizens holding nonimmigrant status other 
than H-2 are not affected by this notice, but will be affected by this 
notice if they seek a change of status to H-2 on or after the effective 
date of this notice.
    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.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2024-25790 Filed 11-7-24; 8:45 am]
BILLING CODE 4410-10-P
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