The Department of Homeland Security (DHS), in collaboration with the Department of State (DOS), has released the roster of nations whose citizens are qualified to participate in the H-2A and H-2B visa programs for the forthcoming year. Though, the official notice detailing the eligible countries will be published in the Federal Register on November 9, 2023.
ChatNews TV was able to obtain the PDF copy of the list signed by U.S secretary of Homeland security, Alejandro N. Mayorkas, Nigeria seems to be left out, while South Africa, the Kingdom of Eswatini made it to both H-2A and H-2B, Mozambique, Madagascar, The Kingdom of Eswatini made it to only H-2A, while Mauritius, Madagascar are on H-2B category.
Effective November 9, 2023, the Secretary of Homeland Security, with the concurrence of the Secretary of State, has made the following decisions:
Bolivia has been included in the list of nations eligible to partake in the H-2A and H-2B programs.
DHS retains the authority to modify the list of eligible countries through the publication of a Federal Register Notice at any time, should DHS and DOS determine that a country no longer meets the prerequisites for continued designation. Factors that could lead to a country’s exclusion or removal from the list encompass issues such as fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs, which run counter to U.S. interests.
The H-2A and H-2B visa programs enable U.S. employers to bring foreign nationals into the United States to fill temporary roles in both agriculture and non-agriculture sectors, respectively. Typically, the U.S. Citizenship and Immigration Services (USCIS) approves H-2A and H-2B petitions only for citizens of countries that have been designated as eligible to partake in the programs by the Secretary of Homeland Security. However, USCIS may, on a case-by-case basis, approve H-2A and H-2B petitions, including those that were pending at the time of the Federal Register Notice’s publication, for nationals of countries not on the list if it is determined to be in the best interests of the United States.
Effective November 9, the following nations’ citizens are eligible to receive H-2A and H-2B visas:
The list of eligible countries can be viewed here
It’s important to note that this notice does not impact the status of H-2 beneficiaries currently residing in the United States unless they apply to extend their H-2 status based on a petition filed after the publication date of the Federal Register Notice. Likewise, it does not affect the eligibility of H-2 beneficiaries to apply for an H-2 visa or seek entry to the United States based on an H-2 petition approved before the publication date of the Federal Register Notice. However, it does apply to nonimmigrants seeking to change their status to H-2A or H-2B within the United States. Each country’s designation is valid from November 9, 2023, until November 8, 2024.
For additional information about these programs, you can refer to the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website.
