Federal Register: December 19, 2008 (Volume 73, Number 245)
DOCID: fr19de08-149 FR Doc E8-30098
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
RIN ID: RIN 1615-ZA76
CIS ID: [CIS No. 2464-08; DHS Docket No. USCIS-2008-0073]
NOTICE: NOTICES
DOCID: fr19de08-149
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
H-2B Petitioner's Employment-Related or Fee-Related Notification
DATES: This Notice is effective January 18, 2009.
DOCUMENT SUMMARY:
This Notice announces the manner in which H-2B petitioners must notify U.S. Citizenship and Immigration Services regarding their employment of nonagricultural workers in H2B nonimmigrant status or job placement fee information. These procedures are necessary to enable petitioners to comply with the notification requirements established by the Department of Homeland Security's regulations governing the H2B nonimmigrant classification.
SUMMARY:
H-2B Petitioner's Employment-Related or Fee-Related Notification,
SUPPLEMENTAL INFORMATION
I. Background
The H2B nonimmigrant classification applies to alien workers
seeking to perform nonagricultural labor or services of a temporary
nature in the United States on a temporary basis. Immigration and Nationality Act (INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b); see 8 CFR 214.1(a)(2) (H2B classification
designation). Aliens seeking H2B nonimmigrant status must be
petitioned for by a U.S. employer. However, prior to filing the
petition, the U.S. employer must complete a temporary labor
certification process with the Department of Labor (DOL) for the job opening the employer seeks to fill with an H2B worker.
After receiving a temporary labor certification, the U.S. employer files Form I129, Petition for Nonimmigrant Worker, with the appropriate USCIS office to classify the beneficiary as an H2B nonimmigrant. See 8 CFR 214.2(h)(5)(i)(A). Once the petition has been granted, the regulations impose additional responsibilities on H2B petitioners. These responsibilities include notifying DHS of certain occurrences related to their H2B workers, as discussed below. A. EmploymentRelated Notifications.
The regulations require H2B petitioners to provide notification to DHS within 2 work days in the following instances:
8 CFR 214.2(h)(6)(i)(F). The regulations also require that petitioners retain evidence of the notification filed with DHS for a oneyear period beginning from the date of the notification. 8 CFR
214.2(h)(6)(i)(F)(1).
B. FeeRelated Notifications.
The regulations prohibit payment or agreement to pay a fee or other
compensation by a beneficiary to any facilitator, recruiter, or similar
employment service as a condition of the offer of obtaining the H2B
employment. 8 CFR 214.2(h)(6)(i)(B). However, the regulations provide
petitioners with the opportunity to avoid denial or revocation (on
notice) of their H2B petition if they notify DHS regarding information
they obtained following the filing of their H2B petition concerning the beneficiary's payment of prohibited fees. 8 CFR
214.2(h)(6)(i)(B)(4). Notification of a beneficiary's payment or
agreement to pay the prohibited fees must be made within 2 work days of the petitioner gaining such knowledge. Id.
This Notice specifies the manner in which H2B petitioners must
file employmentrelated and feerelated notifications with DHS in order
to comply with the regulations. 8 CFR 214.2(h)(6)(i)(F) and 8 CFR 214.2(h)(6)(i)(B)(4).
II. EmploymentRelated Notifications
A. Filing Notifications.
This Notice announces that beginning on January 18, 2009, H2B
petitioners must notify USCIS within 2 work days of an event specified
in 8 CFR 214.2(h)(6)(i)(F)(1). The petitioner must include the following information in the notification.
(1) The reason for the notification;
(2) The reason for late notification, if applicable;
(3) The USCIS receipt number of the approved H2B petition;
(4) The petitioner's name, address, telephone number, and employer identification number (EIN);
(5) The employer's name, address, and telephone number, if it is different from that of the petitioner;
(6) The name of the applicable H2B worker;
(7) The date and place of birth of the subject H2B worker; and
(8) The last known physical address and telephone number of the subject H2B worker.
If all of the above information is not available, the employer must provide as much and as complete information as possible. USCIS acknowledges that petitioners may not know the names of the noshow H 2B workers if the workers are unnamed beneficiaries of the H2B petition. Where an H2B petitioner is reporting the failure of an H2B worker to report to work within the prescribed time frame and the beneficiaries are unnamed, the petitioner must supply the number of workers who failed to report to work within the prescribed time frame, plus any of the additional items above that may be known or available.
Notices from employers should be provided to USCIS by email. If e mail notification is not possible paper notification via mail is acceptable. Notification by mail must be postmarked before the end of the 2 work day reporting window.
If the H2B petition was approved by California Service Center:
By email: CSCX.H2BAbs@dhs.gov.
By mail: California Service Center, Attn: Div X/BCU ACD, P.O. Box 30050, Laguna Niguel, CA 926073004.
If the H2B petition was approved by Vermont Service Center:
By mail: Vermont Service Center, Attn: BCU ACD, 63 Lower Welden St., St. Albans, VT 05479.
III. FeeRelated Notifications
This Notice announces that on January 18, 2009, H2B petitioners
may begin filing beneficiarypaid fee notifications to USCIS pursuant
to 8 CFR 214.2(h)(6)(i)(B)(4). The notification must include the following information:
(1) The USCIS receipt number of the H2B petition;
(2) The petitioner's name, address, and telephone number;
(3) The employer's name, address, and telephone number, if it is different from that of the petitioner; and the
[[Page 77817]]
(4) Name and address of the facilitator, recruiter, or placement
service to which alien beneficiaries paid or agreed to pay the prohibited fees.
The petitioner should submit notices to USCIS by email. If email notification is not feasible for the H2B petitioner, paper notification via mail is acceptable. Notices should be sent to the following addresses. Notification by mail must be postmarked before the end of the 2 work day reporting window.
If the H2B petition was approved by California Service Center:
By email: CSC.H2BFee@dhs.gov.
By mail: California Service Center, Attn: H2BFee, P.O. Box 10695, Laguna Niguel, CA 926071095.
If the H2B petition was approved by Vermont Service Center:
By email: VSC.H2BPROPLACEMENT@dhs.gov.
By mail: Vermont Service Center, Attn: BCU ACD, 75 Lower Welden St., St. Albans, VT 05479.
IV. Paperwork Reduction Act
This Notice sets forth the procedures for H2B petitioners to notify USCIS when:
Regulations require H2B petitioners to retain evidence of such notification sent to USCIS for a oneyear period.
This Notice further provides the procedures for H2B petitioners to notify USCIS, after an H2B petition has been filed, within 2 work days of learning that an H2B alien worker paid a fee or other compensation to a facilitator, recruiter, or similar employment service as a condition of the offer of obtaining the H2B employment.
These notification requirements are considered information collections covered under the Paperwork Reduction Act (PRA).
Since implementation will begin 30 days from the date of
publication of this notice in the Federal Register, this new
information collection has been submitted and approved by OMB under the
emergency review and clearance procedures covered under the PRA. USCIS
is requesting comments on this new information collection no later than
January 18, 2009. When submitting comments on the information
collection, your comments should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of the information on
those who are to respond, including through the use of any and all
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Overview of Information Collection
a. Type of information collection: New information collection.
b. Title of Form/Collection: H2B Petitioner's EmploymentRelated or FeeRelated Notification.
c. Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: No form number. U.S. Citizenship and Immigration Services.
d. Affected public who will be asked or required to respond, as well as a brief abstract: Individuals or Households. This information collection is necessary to provide employmentrelated or feerelated notification by an H2B petitioner.
e. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 700 respondents at .50 hours (30 minutes) per response.
f. An estimate of the total of public burden (in hours) associated with the collection: Approximately 350 burden hours.
All comments and suggestions or questions regarding additional
information should be directed to the Department of Homeland Security,
U.S. Citizenship and Immigration Services, Chief, Regulatory Management
Division, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 205292210, Attention: 2022728377.
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E830098 Filed 121808; 8:45 am]
BILLING CODE 911797P
FOR FURTHER INFORMATION CONTACT
Hiroko Witherow, Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529, telephone (202) 2728410.