The Department of Homeland Security (DHS) with the Department of State (DOS) announced the countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year.
Key Changes
- Bosnia and Herzegovina, the Republic of Cyprus, the Dominican Republic (currently only eligible for the H-2A program), Haiti, Mauritius, and Saint Lucia are added to the list of countries eligible to participate in the H-2A and H-2B programs.
- Moldovan nationals are no longer eligible for the H-2A visa program because Moldova doesn’t meet the regulatory standards for the program. Still, Moldova’s eligibility for the H-2A program remains effective until January 18, 2022.
The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis if doing so is determined to be in the interest of the United States.
Effective November 10, nationals of the following countries are eligible to receive H-2A and H-2B visas:
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*Moldova and Paraguay are eligible to participate in the H-2A program, but they are not eligible to participate in the H-2B program. Moldova’s eligibility for the H-2A program remains effective until Jan. 18, 2022.
**Mongolia and the Philippines are eligible to participate in the H-2B program but are not eligible to participate in the H-2A program.
The notice listing the eligible countries was published in the Federal Register on November 10, 2021. Each country’s designation is valid from November 10, 2021, to November 10, 2022.
Erickson Insights
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.