The Department of Homeland Security (DHS), in collaboration with the Department of State (DOS), has unveiled the updated list of countries eligible for the H-2A and H-2B visa programs in the coming year. The official notice will be published in the Federal Register on Nov. 9, 2023.
As of Nov. 9, 2023, the secretary of homeland security, in agreement with the secretary of state, has made a significant decision:
Addition of Bolivia: Bolivia is now included in the list of countries eligible to participate in the H-2A and H-2B programs.
DHS maintains the authority to modify the list of eligible countries at any time, as published in the Federal Register Notice. Factors such as fraud, abuse, visa overstay rates, and noncompliance with H-2 visa program terms and conditions could lead to the exclusion or removal of a country from the list, aligning with U.S. interests.
The H-2A and H-2B visa programs empower U.S. employers to bring foreign nationals for temporary agricultural and nonagricultural jobs. Generally, USCIS approves petitions only for countries designated as eligible. However, exceptions may be considered on a case-by-case basis for nationals of countries not on the list, if it is determined to be in the best interest of the United States.
As of Nov. 9, nationals from the following countries are eligible for H-2A and H-2B visas. Stay tuned for exciting opportunities:
Andorra | The Kingdom of Eswatini | Madagascar | Saint Lucia |
Argentina | Fiji | Malta | San Marino |
Australia | Finland | Mauritius | Serbia |
Austria | France | Mexico | Singapore |
Barbados | Germany | Monaco | Slovakia |
Belgium | Greece | Mongolia* | Slovenia |
Bolivia | Grenada | Montenegro | Solomon Islands |
Bosnia and Herzegovina | Guatemala | Mozambique | South Africa |
Brazil | Haiti | Nauru | South Korea |
Brunei | Honduras | The Netherlands | Spain |
Bulgaria | Hungary | New Zealand | St. Vincent and the Grenadines |
Canada | Iceland | Nicaragua | Sweden |
Chile | Ireland | North Macedonia | Switzerland |
Colombia | Israel | Norway | Taiwan*** |
Costa Rica | Italy | Panama | Thailand |
Croatia | Jamaica | Papua New Guinea | Timor-Leste |
Republic of Cyprus | Japan | Paraguay** | Turkey |
Czech Republic | Kiribati | Peru | Tuvalu |
Denmark | Latvia | The Philippines* | Ukraine |
Dominican Republic | Liechtenstein | Poland | United Kingdom |
Ecuador | Lithuania | Portugal | Uruguay |
El Salvador | Luxembourg | Romania | Vanuatu |
Estonia |
*Mongolia and the Philippines are now eligible participants in the H-2B program, but regrettably, they do not qualify for the H-2A program.
**On the other hand, Paraguay is now eligible for participation in the H-2A program, but unfortunately, it is not eligible for the H-2B program.
***It’s essential to note that references to “country” or “countries” in this document include Taiwan, in accordance with the Taiwan Relations Act of 1979. This aligns with the United States’ one-China policy, maintaining unofficial relations with Taiwan since 1979.
This notice has no impact on the status of current H-2 beneficiaries in the United States, unless they apply to extend their stay based on a petition filed after the Federal Register Notice’s publication date. Similarly, it doesn’t affect the eligibility of H-2 beneficiaries with approved petitions before the notice’s publication date. The changes apply to nonimmigrants changing status to H-2A or H-2B. Each country’s designation is valid from Nov. 9, 2023, to Nov. 8, 2024.
For further details on these programs, visit the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website.
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