This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

133 

Vol. 84, No. 13 

Friday, January 18, 2019 

1With 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. 

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 1 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: This designations in this notice 

are effective from January 19, 2019, and 

shall be without effect after January 18, 

2020. 

FOR FURTHER INFORMATION CONTACT: Eric 

B. Johnson, Office of Strategy, Policy, 

and Plans, Department of Homeland 

Security, Washington, DC 20528, (202) 

282–8652. 

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. 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, denial rates, overstay rates, 

human trafficking concerns, and other 

forms of non-compliance with the terms 

and conditions of the H–2 visa programs 

by nationals of that country. 

USCIS, however, may allow 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). 

Countries With Continued Eligibility 

The Secretary of Homeland Security 

has determined, with the concurrence of 

the Secretary of State, that 81 countries 

previously designated in the January 18, 

2018 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, 


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134 Federal Register / Vol. 84, No. 13 / Friday, January 18, 2019 / Notices 

with the concurrence of the Secretary of 

State, that 79 countries previously 

designated in the January 18, 2018 

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 No Longer Designated as 

Eligible 

The Secretary of Homeland Security 

has now determined, with the 

concurrence of the Secretary of State, 

that the following countries should no 

longer be designated as eligible 

countries because they no longer meet 

the regulatory standards identified 

above: Dominican Republic (H–2B 

only), Ethiopia, and the Philippines. 

The Dominican Republic has a high 

H–2B visa overstay rate. In Fiscal Year 

(FY) 2017, DHS estimated that nearly 30 

percent of H–2B visa holders from the 

Dominican Republic overstayed their 

period of authorized stay. DHS 

recognizes that some of these 

individuals may have ultimately 

returned to the Dominican Republic 

without incurring ineligibilities (e.g., 

accrual of unlawful presence). However, 

this high H–2B visa overstay rate 

demonstrates an unacceptable potential 

for abuse, fraud, or other harm to the 

integrity of the H–2B visa program and 

thus continued eligbility for H–2B visas 

does not serve the U.S. interest. By 

comparison, in FY 2017, DHS estimated 

that less than 10 percent of H–2A visa 

holders from the Dominican Republic 

overstayed their period of authorized 

stay. Given this lower H–2A visa 

overstay rate, and absent additional 

derogatory information indicating a 

potential for fraud or abuse, DHS and 

DOS are not removing the Dominican 

Republic from the list of eligible 

countries for the H–2A program at this 

time. 

Ethiopia has been designated as ‘‘At 

Risk of Non-Compliance’’ since 2016, 

according to the U.S. Immigration and 

Customs Enforcement (ICE) biannual 

assessment of 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. DHS appreciates and 

recognizes Ethiopian efforts to improve 

cooperation, to include accepting 

repatriation charter flights and 

conducting interviews for travel 

documents as necessary. As such, DHS 

and Ethiopia are still working to fully 

implement a dependable and repeatable 

case management process for removals. 

When Ethiopia is longer considered ‘‘At 

Risk of Non-Compliance,’’ DHS and 

DOS would consider restoring Ethiopia 

to the list of H–2A and H–2B eligible 

countries. 

The Philippines has a high H–2B 

overstay rate. In FY 2017, DHS 

estimated that nearly 40 percent of H– 

2B visa holders from the Philippines 

overstayed their period of authorized 

stay. Additionally, among all U.S. posts 

throughout the world, U.S. Embassy 

Manila issues the greatest number of Tderivative visas (T–2, T–3, T–4, T–5, T– 

6), which are reserved for certain family 

members of principal T–1 

nonimmigrants (certain victims of a 

severe form of trafficking in persons). 

U.S. Embassy Manila issued 

approximately 40 percent of the total Tderivative visas issued worldwide from 

FY 2014–2016. A recent review of 

certain T–1 status recipients, whose 

spouses were issued T–2 visas during 

this same period, shows that 

approximately 60 percent were 

determined to have been trafficked to 

the United States on H–2B visas. DHS 

and DOS are concerned about the high 

volume of trafficking victims from the 

Philippines who were originally issued 

H–2B visas and the potential that 

continued H–2B visa issuance may 

encourage or serve as an avenue for 

future human trafficking from the 

Philippines. DHS and DOS also believe 

that these overstay and human 

trafficking concerns are severe enough 

to warrant removal from the H–2A visa 

program as well. This concern is 

informed by a four-fold increase in H– 

2A visa applications from nationals of 

the Philippines between FY 2015–2018. 

The Philippines’ continued inclusion 

creates the potential for abuse, fraud, 

and other harm to the integrity of the H– 

2A or H–2B visa programs. 

Accordingly, DHS has removed these 

three countries from the H–2A and/or 

H–2B eligibility lists for 2019, though 

their nationals 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). For example, USCIS 

may favorably consider a beneficiary of 

an H–2B petition who is not a national 

of a country included on the H–2B 

eligibility list as serving the national 

interest, depending on the totality of the 

circumstances, if the petition qualifies 

under section 1045 of the National 

Defense Authorization Act (NDAA) for 

FY 2019, Public Law 115–232. Other 

facts USCIS may consider include, 

among other things, whether a 

beneficiary has previously been 

admitted to the United States in H–2B 

status and complied with the terms of 

the program. However, a determination 

will be made according to all of 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 the following three countries 

should be designated as eligible H–2A 

and/or H–2B countries because they are 

now meeting the standards set out in the 

regulation: Mozambique, Paraguay (H– 

2A only), and Samoa. 

Mozambique does not present 

significant overstay or fraud concerns as 

evidenced by validation studies 

confirming a less than one percent 

overstay rate for travelers for business or 

tourism in the United States. 

Additionally, Mozambique has 

demonstrated that inclusion in the H– 

2A and H–2B visa programs serves the 

U.S. interest. Specifically, construction 

of necessary facilities in one of the 

largest untapped liquefied natural gas 

deposits in the world, located in the 

Rovuma basin in Northern Mozambique, 

will require an estimated 60,000 

employees, including Mozambique 

nationals, some of whom will benefit 

from relevant work experience in the 

United States with American businesses 

seeking to construct some of these 

facilities. Establishing and maintaining 

a U.S. presence in the Rovuma basin is 

a foreign policy priority. 

Paraguay has a low visa overstay rate 

and cooperates with the United States 

regarding the return of their nationals 

with final orders of removal. 

Additionally, Paraguay’s Ministry of 

Agriculture has recently indicated its 

intent to manage a special program 

targeting young Paraguayans with 

agriculture-related education to obtain 

agricultural work experience in the 

United States and use this experience to 

improve their family farms upon their 

return to Paraguay. As evidence of its 

commitment, the Ministry of 

Agriculture has negotiated with a local 

bank to provide each H–2A recipient 

with a loan up to $10,000 for 

agricultural investment in their own 

farms. DHS anticipates that the 

incentives offered by the Ministry will 

help sustain the traditionally low 

overstay rates for Paraguayans and that 

adding Paragruay to the H–2A countries 

list in turn will serves the U.S. interest. 


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Federal Register / Vol. 84, No. 13 / Friday, January 18, 2019 / Notices 135 

Samoa is no longer considered ‘‘At 

Risk of Non-Compliance’’ according to 

ICE’s mid-year assessment of 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. Since being 

removed from the H–2 list last year due 

to its previous ‘‘At Risk of NonCompliance’’ designation, and as a 

direct result of its removal from the H– 

2A and H–2B programs, Samoa has 

demonstrated increased cooperation 

with the United States regarding the 

return of their nationals with final 

orders of removal. Samoa is now 

considered ‘‘Cooperative’’ by ICE. The 

Government of Samoa has assured the 

United States it will continue to 

cooperate. Samoa’s improved 

cooperation with regard to removals is 

sufficient enough to no longer be 

considered ‘‘At Risk of NonCompliance’’ and its continued 

cooperation with regard to removals 

serves the U.S. interest. Therefore, 

Samoa is being adding back onto the list 

of H–2A and H–2B eligible countries. 

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. Ukraine 

82. United Kingdom 

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 

27. Honduras 

28. Hungary 

29. Iceland 

30. Ireland 

31. Israel 

32. Italy 

33. Jamaica 

34. Japan 

35. Kiribati 

36. Latvia 

37. Lichtenstein 

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 


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136 Federal Register / Vol. 84, No. 13 / Friday, January 18, 2019 / Notices 

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. Persons 

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. Similarly, 

persons 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 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. 

Kirstjen M. Nielsen, 

Secretary. 

[FR Doc. 2019–00074 Filed 1–17–19; 8:45 am] 

BILLING CODE 9110–9M–P 


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