2646 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 

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. 

Commercial Environment (ACE), the 

‘‘single window,’’ is an automated and 

electronic system for commercial trade 

processing which is intended to 

streamline business processes, facilitate 

growth in trade, ensure cargo security, 

and foster participation in global 

commerce, while ensuring compliance 

with U.S. laws and regulations and 

reducing costs for CBP and all of its 

communities of interest. The ability to 

meet these objectives depends on 

successfully modernizing CBP’s 

business functions and the information 

technology that supports those 

functions. 

Over the last several years, CBP has 

tested ACE and provided significant 

public outreach to ensure that the trade 

community is fully aware of the 

transition from ACS to ACE. On October 

13, 2015, CBP published an Interim 

Final Rule in the Federal Register (80 

FR 61278) that designated ACE as a 

CBP-authorized EDI system, to be 

effective November 1, 2015. In the 

Interim Final Rule, CBP stated that ACS 

would be phased out and anticipated 

that ACS would no longer be supported 

for entry and entry summary filing. 

Filers were encouraged to adjust their 

business practices so that they would be 

prepared when ACS was 

decommissioned. 

CBP has developed a staggered 

transition strategy for decommissioning 

ACS to give the trade additional time to 

adjust their business practices. The 

phases of the transition were announced 

in several Federal Register notices. See 

81 FR 10264 (February 29, 2016); 81 FR 

30320 (May 16, 2016); 81 FR 32339 

(May 23, 2016); 82 FR 38924 (August 16, 

2017); and 82 FR 51852 (November 8, 

2017). This notice announces a further 

transition as CBP is transitioning the 

reconciliation test from ACS to ACE. 

C. Modifications of the Reconciliation 

Test 

On December 12, 2016, CBP 

published a notice in the Federal 

Register (81 FR 89486) announcing 

modifications to the reconciliation test 

and the transition of the test from ACS 

to ACE, effective January 14, 2017. On 

January 17, 2017, CBP published a 

notice in the Federal Register (82 FR 

4901) announcing that the effective date 

for the test modifications and transition 

would be delayed indefinitely. Then, on 

June 8, 2017, CBP published a notice in 

the Federal Register (82 FR 26699) 

announcing that the modifications to 

the test and the transition would be 

effective on July 8, 2017. Subsequently, 

on June 30, 2017, CBP published a 

notice in the Federal Register (82 FR 

29910) announcing that the effective 

date for the modifications to the 

reconciliation test and for mandatory 

filing of reconciliation entries in ACE 

had been delayed until further notice. 

II. Announcement of Reconciliation 

Test Transitioning Into ACE and 

Modifications to Test Becoming 

Operational 

This notice announces that, beginning 

February 24, 2018, all reconciliation 

entries must be filed in ACE regardless 

of whether the underlying entry was 

filed in ACS or ACE and regardless of 

whether it is a replacement, substitution 

or follow-up to a reconciliation entry 

originally filed in ACS, and ACS is 

decommissioned for the filing of such 

entries. In addition, as of February 24, 

2018, the test modifications announced 

in the December 12, 2016 notice will 

become operational. 

Dated: January 12, 2018. 

Brenda B. Smith, 

Executive Assistant Commissioner, Office of 

Trade. 

[FR Doc. 2018–00802 Filed 1–17–18; 8:45 am] 

BILLING CODE 9111–14–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 

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 83 countries whose 

nationals are eligible to participate in 

the H–2A program and 82 countries 

whose nationals are eligible to 

participate in the H–2B program for the 

coming year. 

DATES: Effective Date: This notice is 

effective January 18, 2018, and shall be 

without effect after January 18, 2019. 

FOR FURTHER INFORMATION CONTACT: Eric 

B. Johnson, Office of Policy, 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 1 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, overstay rates, and noncompliance with the terms and 

conditions of the H–2 visa programs by 

nationals of that country. 

In December 2008, DHS published in 

the Federal Register two notices, 

‘‘Identification of Foreign Countries 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 2647 

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 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 

Indonesia 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 

Moldova from the H–2B program and 

adding 16 countries); 81 FR 74468 (Oct. 

26, 2016) (adding 1 country). 

The Secretary of Homeland Security 

has determined, with the concurrence of 

the Secretary of State, that 82 countries 

previously designated in the October 26, 

2016 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 program. Additionally, the 

Secretary of Homeland Security has 

determined, with the concurrence of the 

Secretary of State, that 81 countries 

previously designated in the October 26, 

2016 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–2B program. 

Further, the Secretary of Homeland 

Security, with the concurrence of the 

Secretary of State, has determined that 

it is now appropriate to add one country 

whose nationals are eligible to 

participate in the H–2A and H–2B 

programs, and to add one country 

whose nationals are eligible to 

participate in the H–2B program. This 

determination is made taking into 

account the four regulatory factors 

identified above. The Secretary of 

Homeland Security’s consideration of 

factors that may serve the U.S. interest 

included, but were 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. 

The Secretary of Homeland Security 

has determined, however, with the 

concurrence of the Secretary of State, 

that the following countries should no 

longer be designated as eligible 

countries because they are not meeting 

the standards set out in the regulation: 

Belize, Haiti, and Samoa. 

Belize is listed on the U.S. 

Department of State’s 2017 Trafficking 

in Persons Report as a ‘‘Tier 3’’ country. 

‘‘Tier 3’’ means the country does not 

fully meet the Trafficking Victims 

Protection Act’s minimum standards 

and is not making significant efforts to 

do so. 

Haitian nationals applying for H–2A 

and H–2B visas present extremely high 

rates of refusal, and those issued H–2A 

or H–2B visas have historically 

demonstrated high levels of fraud and 

abuse and a high rate of overstaying the 

terms of their H–2 admission. Haiti has 

shown no improvement in these areas, 

and the Secretary of Homeland Security 

has determined, with the concurrence of 

the Secretary of State, that Haiti’s 

inclusion on the 2018 H–2A and H–2B 

lists is no longer in the U.S. interest. 

Samoa is currently listed as ‘‘At Risk 

of Non-Compliance’’ according to ICE’s 

year-end assessment of foreign 

countries’ cooperation in accepting back 

their nationals that have been ordered 

removed from the United States. Despite 

attempts to improve cooperation on 

removals to Samoa, there has been not 

been sufficient progress on removals to 

Samoa. 

Accordingly, DHS has removed these 

countries from the H–2A and H–2B 

eligibility lists for 2018, though their 

nationals may still be beneficiaries of 

approved H–2A and H–2B petitions 

upon the request of the petitioner if 

DHS determines, as a matter of 

discretion, 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)(D)(ii) and 8 CFR 

214.2(h)(6)(i)(E)(2). 

The Secretary of Homeland Security 

has also determined, with the 

concurrence of the Secretary of State, 

that Mongolia should be designated as 

an eligible H–2A and H–2B country 

because it is now meeting the standards 

set out in the regulation. Mongolia is no 

longer listed as ‘‘At Risk of NonCompliance’’ according to ICE’s yearend assessment of foreign countries that 

cooperate in accepting back their 

nationals that have been ordered 

deported from the United States, and 

has demonstrated increased cooperation 

with the United States regarding the 

return of their nationals with final 

orders of removal. 

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. Ethiopia 

21. Estonia 

22. Fiji 

23. Finland 

24. France 

25. Germany 

26. Greece 

27. Grenada 

28. Guatemala 

29. Honduras 

30. Hungary 

31. Iceland 

32. Ireland 

33. Israel 

34. Italy 

35. Jamaica 

36. Japan 

37. Kiribati 

38. Latvia 

39. Liechtenstein 

40. Lithuania 

41. Luxembourg 

42. Macedonia 

43. Madagascar 

44. Malta 

45. Mexico 

46. Moldova 

47. Monaco 

48. Mongolia 

49. Montenegro 

50. Nauru 

51. The Netherlands 

52. Nicaragua 

53. New Zealand 

54. Norway 

55. Panama 

56. Papua New Guinea 


sradovich on DSK3GMQ082PROD with NOTICES
2648 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 

57. Peru 

58. The Philippines 

59. Poland 

60. Portugal 

61. Romania 

62. San Marino 

63. Serbia 

64. Singapore 

65. Slovakia 

66. Slovenia 

67. Solomon Islands 

68. South Africa 

69. South Korea 

70. Spain 

71. St. Vincent and the Grenadines 

72. Sweden 

73. Switzerland 

74. Taiwan 

75. Thailand 

76. Timor-Leste 

77. Tonga 

78. Turkey 

79. Tuvalu 

80. Ukraine 

81. United Kingdom 

82. Uruguay 

83. 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. Dominican Republic 

18. Ecuador 

19. El Salvador 

20. Estonia 

21. Ethiopia 

22. Fiji 

23. Finland 

24. France 

25. Germany 

26. Greece 

27. Grenada 

28. Guatemala 

29. Honduras 

30. Hungary 

31. Iceland 

32. Ireland 

33. Israel 

34. Italy 

35. Jamaica 

36. Japan 

37. Kiribati 

38. Latvia 

39. Lichtenstein 

40. Lithuania 

41. Luxembourg 

42. Macedonia 

43. Madagascar 

44. Malta 

45. Mexico 

46. Monaco 

47. Mongolia 

48. Montenegro 

49. Nauru 

50. The Netherlands 

51. Nicaragua 

52. New Zealand 

53. Norway 

54. Panama 

55. Papua New Guinea 

56. Peru 

57. The Philippines 

58. Poland 

59. Portugal 

60. Romania 

61. San Marino 

62. Serbia 

63. Singapore 

64. Slovakia 

65. Slovenia 

66. Solomon Islands 

67. South Africa 

68. South Korea 

69. Spain 

70. St. Vincent and the Grenadines 

71. Sweden 

72. Switzerland 

73. Taiwan 

74. Thailand 

75. Timor-Leste 

76. Tonga 

77. Turkey 

78. Tuvalu 

79. Ukraine 

80. United Kingdom 

81. Uruguay 

82. 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. 

Elaine C. Duke, 

Deputy Secretary. 

[FR Doc. 2018–00812 Filed 1–17–18; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2615–17; DHS Docket No. USCIS– 

2014–0001] 

RIN 1615–ZB70 

Termination of the Designation of Haiti 

for Temporary Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services, U.S. Department 

of Homeland Security. 

ACTION: Notice. 

SUMMARY: The designation of Haiti for 

Temporary Protected Status (TPS) is set 

to expire on January 22, 2018. After 

reviewing country conditions and 

consulting with the appropriate U.S. 

Government agencies, the Acting 

Secretary of Homeland Security 

determined on November 20, 2017 that 

conditions in Haiti no longer support its 

designation for TPS and is therefore 

terminating the TPS designation of 

Haiti. To provide time for an orderly 

transition, this termination is effective 

on July 22, 2019, 18 months following 

the end of the current designation. 

Nationals of Haiti (and aliens having 

no nationality who last habitually 

resided in Haiti) who have been granted 

TPS and wish to maintain their TPS and 

receive TPS-based Employment 

Authorization Documents (EAD) valid 

through July 22, 2019, must re-register 

for TPS in accordance with the 

procedures set forth in this Notice. After 

July 22, 2019, nationals of Haiti (and 

aliens having no nationality who last 

habitually resided in Haiti) who have 

been granted TPS under the Haiti 

designation will no longer have TPS. 

DATES: The designation of Haiti for TPS 

is terminated effective at 11:59 p.m., 

local time, on July 22, 2019. 

The 60-day re-registration period runs 

from January 18, 2018 through March 

19, 2018. 

(Note: It is important for re-registrants to 

timely re-register during this 60-day period.) 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Alex King, Branch 

Chief, Waivers and Temporary Services 

Branch, Service Center Operations 

Directorate, U.S. Citizenship and 

Immigration Services, U.S. Department 

of Homeland Security, 20 Massachusetts 

Avenue NW, Washington, DC 20529– 

2060; or by phone at (202) 272–8377 

(this is not a toll-free number). Note: 

The phone number provided here is 

solely for questions regarding this TPS 

Notice. It is not for individual case 

status inquiries. 


sradovich on DSK3GMQ082PROD with NOTICES