On November 9, 2021, the Department of Homeland Security (DHS)—along with the Department of State (DOS)—has announced that six (6) new countries now qualify for the H-2A and H-2B visa programs in the next year. The notice listing eligible countries was published in the Federal Register on the following day.
New Additions to the Eligible Countries List for H-2A & H-2B Visas
The six countries that are now eligible for H-2A and H-2B visas include:
Bosnia and Herzegovina
The Republic of Cyprus
Dominican Republic (Currently only eligible for the H-2A program)
Haiti
Mauritius
Saint Lucia
Only one country—Moldova—was removed from the eligible countries list for the H-2A visa program since it no longer meets the program’s standards. However, Moldova nationals are still eligible for the H-2A visa until January 18, 2022.
Unless H-2 beneficiaries currently in the United States wish to extend their H-2 status by filing a petition on or after the Federal Register notice was published, the notice does not affect their status. In addition, if an H-2 beneficiary wants to apply and/or obtain admission to the U.S. based on a petition approved before the Federal Register notice was published, the notice does not impact eligibility for the program. However, the notice does affect nonimmigrants changing status in the U.S. to H-2A or H-2B status.
The H-2A and H-2B eligible countries list include the following countries:
Andorra
Argentina
Australia
Austria Germany
Barbados
Belgium
Bosnia and Herzegovina (Just added)
Brazil
Brunei
Bulgaria
Canada
Chile
Colombia
Costa Rica
Croatia
Cyprus (Just added)
Czech Republic
Denmark
Dominican Republic (Just added)
Ecuador
El Salvador
Estonia Madagascar
Fiji
Finland
France
Germany
Greece
Grenada
Guatemala
Haiti (Just added)
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Japan
Kiribati
Latvia
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malta
Mauritius (Just added)
Mexico
Moldova (Only eligible for the H-2A program)
Monaco
Mongolia (Only eligible for the H-2B program)
Montenegro
Mozambique
Nauru
The Netherlands
New Zealand
Nicaragua
North Macedonia
Norway
Panama
Papua New Guinea
Paraguay (Only eligible for the H-2A program)
Peru
Philippines (Only eligible for the H-2B program)
Poland
Portugal
Romania
Saint Lucia (Just added)
San Marino
Serbia
Singapore
Slovakia
Slovenia
Soloman Islands
South Africa
South Korea
Spain
St. Vincent and the Grenadines
Sweden
Switzerland
Taiwan
Thailand
Timor-Leste
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
About the H-2A & H-2B Visa Program?
The H-2A visa program allows foreign nationals from eligible countries to perform seasonal or temporary agricultural work, while the H-2B visa program allows eligible foreign workers to perform temporary jobs in nonagricultural industries. Significant formal education is not a requirement for these programs. Although there is no cap for H-2A visas, the annual cap for H-2B visas is 66,000.
DHS can add countries to the eligible countries list at any time. In contrast, countries who fail to meet the requirements for continued designation can be removed from the list at the end of the one-year period after the country’s most recent publication for eligibility.
The following are the common factors that could result in being removed from the eligible countries list for the H-2A and H-2B visa program:
Fraud
Abuse
Denial rates
Overstay rates
Human trafficking matters
General noncompliance
If you want to apply for an H-2A or H-2B visa or extend your stay in Illinois, Arizona, or Texas, call Gambacorta Law at (847) 443-9303 or complete our online contact form today to speak with our experienced immigration attorneys.