DHS Announces H-2A and H-2B Eligible Countries

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:

Andorra Fiji Madagascar Saint Lucia
Argentina Finland Malta San Marino
Australia France Mauritius Serbia
Austria Germany Mexico Singapore
Barbados Greece Moldova* Slovakia
Belgium Grenada Monaco Slovenia
Bosnia and Herzegovina Guatemala Mongolia** Solomon Islands
Brazil Haiti Montenegro South Africa
Brunei Honduras Mozambique South Korea
Bulgaria Hungary Nauru Spain
Canada Iceland The Netherlands St. Vincent and the Grenadines
Chile Ireland New Zealand Sweden
Colombia Israel Nicaragua Switzerland
Costa Rica Italy North Macedonia Taiwan***
Croatia Jamaica Norway Thailand
Republic of Cyprus Japan Panama Timor-Leste
Czech Republic Kiribati Papua New Guinea Turkey
Denmark Latvia Paraguay* Tuvalu
Dominican Republic Liechtenstein Peru Ukraine
Ecuador Lithuania Philippines** United Kingdom
El Salvador Luxembourg Poland Uruguay
Estonia   Portugal Vanuatu
    Romania  

*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.