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[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74735-74736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29353]

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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 approve petitions for 
H-2A and H-2B nonimmigrant status only for nationals of countries that 
the Secretary of Homeland Security, with the concurrence of the 
Secretary of State, has designated by notice published in the Federal 
Register. That notice must be renewed each year. This notice announces 
that the Secretary of Homeland Security, in consultation with the 
Secretary of State, is identifying 68 countries whose nationals are 
eligible to participate in the H-2A and H-2B programs for the coming 
year.

DATES: Effective Date: This notice is effective January 18, 2015, and 
shall be without effect at the end of one year after January 18, 2015.

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

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. USCIS, however, may 
allow a national from a country not on the list to be named as a 
beneficiary of an H-2A or H-2B petition based on a determination that 
such participation is in the U.S. interest. See 8 CFR 214.2(h)(5)(i)(F) 
and 8 CFR 214.2(h)(6)(i)(E).
    In designating countries to include on the list, the Secretary of 
Homeland Security, with the concurrence of the Secretary of State, will 
take into account factors including, but not limited to: (1) The 
country's cooperation with respect to issuance of travel documents for 
citizens, subjects, nationals, and residents of that country who are 
subject to a final order of removal; (2) the number of final and 
unexecuted orders of removal against citizens, subjects, nationals, and 
residents of that country; (3) the number of orders of removal executed 
against citizens, subjects, nationals, and residents of that country; 
and (4) such other factors as may serve the U.S. interest. See 8 CFR 
214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1). Examples of 
factors serving the U.S. interest that could result in the non-
inclusion of a country or the removal of a country from the list 
include, but are not limited to, fraud, abuse, and non-compliance with 
the terms and conditions of the H-2 programs by nationals of that 
country.
    In December 2008, DHS published in the Federal Register two 
notices, ``Identification of Foreign Countries Whose Nationals Are 
Eligible to Participate in the H-2A Visa Program,'' and 
``Identification of Foreign Countries Whose Nationals Are Eligible to 
Participate in the H-2B Visa Program,'' which designated 28 countries 
whose nationals are eligible to participate in the H-2A and H-2B 
programs. See 73 FR 77,043 (Dec. 18, 2008); 73 FR 77,729 (Dec. 19, 
2008). The notices ceased to have effect on January 17, 2010 and 
January 18, 2010, respectively. See 8 CFR 214.2(h)(5)(i)(F)(2) and 8 
CFR 214.2(h)(6)(i)(E)(3). 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 2,879 (Jan. 19, 2010) (adding 11 countries); 76 FR 
2,915 (Jan. 18, 2011) (removing Indonesia and adding 15 countries); 77 
FR 2,558 (Jan. 18, 2012) (adding 5 countries); 78 FR 4,154 (Jan. 18, 
2013) (adding 1 country); FR 79 3,214 (Jan.17, 2014) (adding 4 
countries).
    The Secretary of Homeland Security has determined, with the 
concurrence of the Secretary of State, that 63 countries previously 
designated in the January 17, 2014 notice continue to meet the 
standards identified in that notice for eligible countries and 
therefore should remain designated as countries whose nationals are 
eligible to participate in the H-2A and H-2B programs. Further, the 
Secretary of Homeland Security, with the concurrence of the Secretary 
of State, has determined that it is now appropriate to add 5 countries 
whose nationals are eligible to participate in the H-2A and H-2B 
programs. This determination is made taking into account the four 
regulatory factors identified above. The Secretary of Homeland Security 
also considered other pertinent factors including, but not limited to, 
evidence of past usage of the H-2A and H-2B programs by nationals of 
the country to be added, as well as evidence relating to the economic 
impact on particular U.S. industries or regions resulting from the 
addition or continued non-inclusion of specific countries. In 
consideration of all of the above, this notice designates for the first 
time the Czech Republic, Denmark, Madagascar, Portugal, and Sweden as 
countries whose nationals are eligible to participate in the H-2A and 
H-2B programs.

[[Page 74736]]

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 and H-2B nonimmigrant worker programs:

Argentina
Australia
Austria
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Grenada
Guatemala
Haiti
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Madagascar
Mexico
Moldova
Montenegro
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Panama
Papua New Guinea
Peru
The Philippines
Poland
Portugal
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Spain
Sweden
Switzerland
Thailand
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu

    This notice does not affect the status of aliens who currently hold 
valid H-2A or H-2B nonimmigrant status. Persons currently holding such 
status, however, will be affected by this notice 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 his 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.

Jeh Charles Johnson,
Secretary.
[FR Doc. 2014-29353 Filed 12-15-14; 8:45 am]
BILLING CODE 9110-9M-P
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