The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The notice listing the eligible countries will be published in the Federal Register on Nov. 10, 2021.
For the next year, the secretary of homeland security, with the concurrence of the secretary of state, has decided to:
- Add Bosnia and Herzegovina, the Republic of Cyprus, the Dominican Republic (currently only eligible for the H-2A program), Haiti, Mauritius, and Saint Lucia to the list of countries eligible to participate in the H-2A and H-2B programs; and
- No longer designate Moldova as an eligible country for the H-2A visa program because it no longer meets the regulatory standards for that program. However, Moldova’s eligibility for the H-2A program remains effective until Jan. 18, 2022.
DHS maintains its authority to add countries to the eligible countries lists at any time, and to decide not to redesignate any country at the end of the one-year period following the date of publication of a country’s last designation in the Federal Register, should DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U.S. interest.
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. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of homeland security has designated as eligible to participate in the programs. However, 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 only if doing so is determined to be in the interest of the United States.
Effective Nov. 10, nationals of the following countries are eligible to receive H-2A and H-2B visas:
| Andorra | Fiji | Malta | Saint Lucia |
| Argentina | Finland | Mauritius | San Marino |
| Australia | France | Mexico | Serbia |
| Austria | Germany | Moldova* | Singapore |
| Barbados | Greece | Monaco | Slovakia |
| Belgium | Grenada | Mongolia** | Slovenia |
| Bosnia and Herzegovina | Guatemala | Montenegro | Solomon Islands |
| Brazil | Haiti | Mozambique | South Africa |
| Brunei | Honduras | Nauru | South Korea |
| Bulgaria | Hungary | The Netherlands | Spain |
| Canada | Iceland | New Zealand | St. Vincent and the Grenadines |
| Chile | Ireland | Nicaragua | Sweden |
| Colombia | Israel | North Macedonia | Switzerland |
| Costa Rica | Italy | Norway | Taiwan*** |
| Croatia | Jamaica | Panama | Thailand |
| Republic of Cyprus | Japan | Papua New Guinea | Timor-Leste |
| Czech Republic | Kiribati | Paraguay* | Turkey |
| Denmark | Latvia | Peru | Tuvalu |
| Dominican Republic | Liechtenstein | Philippines** | Ukraine |
| Ecuador | Lithuania | Poland | United Kingdom |
| El Salvador | Luxembourg | Portugal | Uruguay |
| Estonia | Madagascar | Romania | Vanuatu |
*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.
***Regarding all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.
This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved prior to the date of publication of the Federal Register notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from Nov. 10, 2021, until Nov. 9, 2021.
For more information on these programs, see the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website.
FAQs
DHS Announces Countries Eligible for H-2A and H-2B Visa Programs
| Andorra | The Kingdom of Eswatini | Saint Lucia |
|---|
| Costa Rica | Italy | Thailand |
| Croatia | Jamaica | Timor-Leste |
| Republic of Cyprus | Japan | Turkey |
| Czech Republic | Kiribati | Tuvalu |
18 more rowsNov 8, 2023
To be eligible for the H-2B visa, you must show that: You have an employment offer from a U.S employer. You intend to return home after your permit expires. You have the skills your U.S. employer needs.
How many H-2B visas are issued in 2024? ›
As part of a joint temporary final rule published on November 17, 2023, the U.S. Department of Homeland Security and the U.S. Department of Labor increased the number of available H-2B nonimmigrant visas, from 66,000 to 130,716 for FY 2024.
What is the difference between H-2B and H-2A visa? ›
In a nutshell, H-2A visas are for nonimmigrants who want to work in the agricultural sector in the United States for a limited time. The H-2B nonimmigrant visa program allows U.S. employers to temporarily hire nonimmigrants for nonagricultural jobs in the U.S.
What are the conditions for H-2A visa? ›
Workers employed under the H-2A program must be paid special rates of pay that vary by locality, must be provided with safe and clean housing and safe transportation from that housing to the job site if their employment requires them to be away from their residence overnight, and must be guaranteed employment for a ...
Which country is eligible for H1B visa? ›
The H-1B1 is a U.S. nonimmigrant visa for nationals of Chile and Singapore who work in specialty occupations. The annual cap for H1B1 visas is 6,800 — 1,400 from Chile and 5,400 from Singapore. What is the minimum salary to file for an H-1B visa?
How to find H-2B visa sponsor? ›
Individuals cannot apply for an H-2B visas without sponsorship from a U.S. employer. Individuals must either apply for jobs directly with U.S. employers that will sponsor H-2B visas or locate an ethical recruiter in their home country that can facilitate a connection with U.S. companies seeking H-2B workers.
Can H-2B get green card? ›
Yes, the H-2B employee can apply for green card, but not through the H-2B employment. The employee can seek green card through either a qualified family relationship with a US citizen or permanent resident close family members, or through the offer and sponsorship of an employer of a permanent job.
Is it easy to get a H-2B visa? ›
To be eligible for an H2B visa, you must: Have an official job letter from a U.S.-based company. Meet the minimum qualifications and have the skills and experience for the job. Be able to demonstrate that you will return to the UK before your H2B visa expires.
What is the new visa law for 2024? ›
Section 5104 of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 amended the NACARA's provisions on the Diversity Visa program such that the number of visas made available under the NDAA will be deducted from the 55,000 DVs annually allocated.
H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.
Can I extend my H-2B visa after 3 years? ›
An H-2B visa holder will be granted extensions for no more than one year at a time. NOTE: If an extension would result in your employee's stay in the U.S. exceeding three years, the H-2B extension application will be denied.
Why would a H-2B visa be denied? ›
Visa applications for the H-2B are denied when: The time frame requirements are not met. There are available workers in the U.S. to undertake the work. Employers do not properly comply with the positive recruitment requirements.
Who qualifies for H-2B visa? ›
The H-2B visa is specifically for non-agricultural workers. Any temporary, seasonal job out of the agricultural industry will obtain H-2B visas. If you are an agricultural employer looking to hire foreign nationals, you will apply on behalf of your employee for an H-2A visa.
How long can someone stay in the US with an H-2A visa? ›
The maximum period of stay in H-2A classification is 3 years. A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant.
How many h2a visas are issued? ›
Labor is in high demand for agriculture in the United States (“U.S.”) and the H-2A visa program is an important component of this critical issue. In 2023, the Department of State issued approximately 310,000 H-2A visas to agricultural workers from around the world.
Can an a2 visa holder work in the US? ›
Work Authorization for Holders of Diplomatic Visas
The spouse and dependent family members of A-1, A-2, G-1, G-3, and G-4 visa holders are eligible for work authorization in the United States, however they must affirmatively apply for work authorization status.
Which countries are eligible for EB 3 visa? ›
You can apply for the EB-3 Unskilled Visa from any country. However, with BDV Solutions, you can apply from any country except China and India. Under American immigration laws, the number of permanent residences or “Green Cards” that can be issued per year is limited to only 140,000 for employment-based cases.
Can I apply for green card with H-2B visa? ›
The H-2B visa is a nonimmigrant visa that is valid for a set period of time. It does not lead to permanent residence in the United States, but H-2B visa holders can apply for status adjustment from H2B visa to permanent resident. An H-2B visa holder may apply for a Green Card while on the H-2B visa.
