New Updates to H-2A and H-2B Visa Programs: Eligible Countries for 2024

The Department of Homeland Security (DHS) and the U.S. Department of State have announced the list of countries whose citizens are eligible to participate in the H-2A and H-2B visa programs for the next 12 months. This announcement, published on November 8, 2024, in the Federal Register, introduces key changes aimed at ensuring compliance with program requirements.

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Key Updates

• Belize Joins the List of Eligible Countries: Citizens of Belize are now eligible to participate in both the agricultural H-2A and the non-agricultural H-2B programs.
• No Countries Removed: DHS has decided to retain all previously designated countries, ensuring continuity in participation.
• Ongoing Review and Adjustments: DHS and the Department of State retain the authority to modify this list at any time, based on factors such as fraud, abuse, or non-compliance with program terms.

What Are H-2A and H-2B Visas?

• H-2A: This program allows U.S. employers to hire foreign workers for temporary agricultural positions.
• H-2B: Designed for non-agricultural temporary positions, such as those in construction, hospitality, or maintenance.

Generally, U.S. Citizenship and Immigration Services (USCIS) approves petitions for these programs only for citizens of eligible countries. However, exceptions may be made on a case-by-case basis if it is deemed to be in the interest of the United States.

Eligible Countries

Countries remaining on the list include Mexico, Argentina, Colombia, Spain, the Philippines, among others. Mongolia and the Philippines are eligible exclusively for the H-2B program, while Paraguay applies only to H-2A.

Each country’s designation is valid from November 8, 2024, through November 7, 2025.

Impact on Current Beneficiaries

This update does not affect H-2 visa holders already in the United States unless they apply for an extension or a change of status after the notice’s publication date in the Federal Register.

Additional Information

For more details about the H-2A and H-2B visa programs, visit the DHS website’s pages dedicated to temporary agricultural and non-agricultural workers.

Conclusion

This update underscores DHS’s commitment to effectively managing temporary work programs, promoting opportunities for foreign workers while ensuring transparency and compliance with program terms.

From: https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs 

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