[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]               
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-63]                         

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2009-0162]
RIN 1601-ZA08

 
Identification of Foreign Countries Whose Nationals Are Eligible 
To Participate in the H-2A and H-2B Visa 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 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 39 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, 2010, and 
shall be without effect at the end of one year after January 18, 2010.

FOR FURTHER INFORMATION CONTACT: Alex Hartman, DHS Office of Policy, 
Department of Homeland Security, Washington, DC 20528 (202) 282-9820.

SUPPLEMENTARY INFORMATION:
    Background: Pursuant to 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 
214.2(h)(6)(i)(E)(1), USCIS may only approve H-2A and H-2B petitions 
for nationals of countries that the Secretary of Homeland Security, 
with the concurrence of the Secretary of State, has designated as 
participating countries. Such designation must be

[[Page 2880]]

published as a notice in the Federal Register and expires after one 
year.
    In designating countries to include on the list, DHS, 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).
    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,'' designating 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 
initial designations were composed of countries that are important for 
the operation of the H-2A and H-2B programs and are cooperative in the 
repatriation of their citizens, subjects, nationals or residents who 
are subject to a final order of removal from the United States. The 
notices cease to have effect at the end of one year after January 17 
and January 18, 2009 respectively. See 8 CFR 214.2(h)(5)(i)(F)(2) and 8 
CFR 214.2(h)(6)(i)(E)(3).
    Following consultations with the Department of State, the Secretary 
of Homeland Security finds, with the concurrence of the Secretary of 
State, that the 28 countries designated in the December 18 and 19, 2008 
notices continue to meet the standards identified in those notices for 
eligible countries and therefore should remain designated as countries 
whose nationals are eligible to participate in the H-2A and H-2B 
programs.
    Furthermore, the Secretary of Homeland Security, with the 
concurrence of the Secretary of State, finds that it is now appropriate 
to add 11 additional countries to the list of countries whose nationals 
are eligible to participate in the H-2A and H-2B programs. This 
determination is made taking into account the four factors identified 
above. The Secretary of Homeland Security 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 countries 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 Croatia, Ecuador, Ethiopia, 
Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia, 
Slovakia, and Uruguay as countries whose nationals are eligible to 
participate in the H-2A and H-2B programs.

Designation of Countries Whose Nationals Are Eligible To Participate in 
the H-2A and H-2B Visa Programs

    Pursuant to the authority provided to the Secretary of Homeland 
Security under sections 241, 214(a)(1), and 215(a)(1) of the 
Immigration and Nationality Act (INA) (8 U.S.C. 1231, 1184(a)(1), and 
1185(a)(1)), I have designated, with the concurrence of the Secretary 
of State, that nationals from the following countries are eligible to 
participate in the H-2A and H-2B visa programs:

Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa 
Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, 
Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, 
Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, 
Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South 
Africa, South Korea, Turkey, Ukraine, United Kingdom, Uruguay.

    This notice does not affect the status of aliens who currently hold 
H-2A or H-2B nonimmigrant 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.

Janet Napolitano,
Secretary.
[FR Doc. 2010-960 Filed 1-15-10; 8:45 am]
BILLING CODE 9110-9M-P

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