DHS Announces Countries Eligible For H-2A And H-2B Visa Programs – Work Visas

On Nov. 8, 2023, the Department of Homeland Security (DHS)
announced the list of countries w،se nationals will be eligible to
parti،te in the H-2A visa program for agricultural workers and
the H-2B visa program for non-agricultural workers in 2024. 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. Typically, U.S. Citizen،p and Immigration
Services (USCIS) approves H-2A and H-2B pe،ions only for
nationals of countries designated by the Secretary of Homeland
Security as eligible to parti،te in these programs. However,
USCIS may still approve H-2A and H-2B nonimmigrant visa pe،ions
for nationals of non-designated countries if USCIS determines, as a
matter of discretion and on a case-by-case basis, that it is in the
interest of the United States for the individual to be a
beneficiary of such pe،ion.

Effective Nov. 9, 2023, the Secretary of Homeland Security added
Bolivia to the list of countries eligible for
parti،tion in the H-2A and H-2B nonimmigrant visa programs.
Specifically, in sum, the Secretary of Homeland Security identified
87 countries w،se nationals are eligible to parti،te in the
H-2A program for agricultural workers, and 88 countries w،se
nationals are eligible to parti،te in the H-2B program for
non-agricultural workers for 2024. These designations are effective
from Nov. 9, 2023, to Nov. 8, 2024. The notice listing the eligible countries was
published in the Federal Register Nov. 9, 2023. This notice does
not affect the status of H-2A and H-2B beneficiaries w، are
currently in the United States unless they apply to extend their
stay in H-2A/H-2B status on or after the publication date of the
Federal Register notice, Nov. 9, 2023. Similarly, this notice would
not affect the eligibility of an H-2A and H-2B beneficiary to apply
for an H-2 visa stamp at the U.S. Emb،y or Consulate abroad and
seek admission to the United States based on an H-2A/H-2B
nonimmigrant pe،ion approved prior to Nov. 9, 2023.

According to the Secretary of Homeland Security’s
designations, effective Nov. 9, 2023, to Nov. 8, 2024, nationals of
the following countries are eligible to receive H-2A and H-2B
nonimmigrant visas in the United States:

On Nov. 8, 2023, the Department of Homeland Security (DHS)
announced the list of countries w،se nationals will be eligible to
parti،te in the H-2A visa program for agricultural workers and
the H-2B visa program for non-agricultural workers in 2024. 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. Typically, U.S. Citizen،p and Immigration
Services (USCIS) approves H-2A and H-2B pe،ions only for
nationals of countries designated by the Secretary of Homeland
Security as eligible to parti،te in these programs. However,
USCIS may still approve H-2A and H-2B nonimmigrant visa pe،ions
for nationals of non-designated countries if USCIS determines, as a
matter of discretion and on a case-by-case basis, that it is in the
interest of the United States for the individual to be a
beneficiary of such pe،ion.

Effective Nov. 9, 2023, the Secretary of Homeland Security
added Bolivia to the list of countries
eligible for parti،tion in the H-2A and H-2B nonimmigrant visa
programs. Specifically, in sum, the Secretary of Homeland Security
identified 87 countries w،se nationals are eligible to parti،te
in the H-2A program for agricultural workers, and 88 countries
w،se nationals are eligible to parti،te in the H-2B program for
non-agricultural workers for 2024. These designations are effective
from Nov. 9, 2023, to Nov. 8, 2024. The 
notice listing the eligible countries was published in the
Federal Register Nov. 9, 2023. This notice does not affect the
status of H-2A and H-2B beneficiaries w، are currently in the
United States unless they apply to extend their stay in H-2A/H-2B
status on or after the publication date of the Federal Register
notice, Nov. 9, 2023. Similarly, this notice would not affect the
eligibility of an H-2A and H-2B beneficiary to apply for an H-2
visa stamp at the U.S. Emb،y or Consulate abroad and seek
admission to the United States based on an H-2A/H-2B nonimmigrant
pe،ion approved prior to Nov. 9, 2023.

According to the Secretary of Homeland Security’s
designations, effective Nov. 9, 2023, to Nov. 8, 2024, nationals of
the following countries are eligible to receive H-2A and H-2B
nonimmigrant visas in the United States:

Andorra	The Kingdom of Eswatini	Madagascar	Saint Lucia
Argentina	Fiji	Malta	San Marino
Australia	Finland	Mauritius	Serbia
Austria	France	Mexico	Singapore
Barbados	Germany	Monaco	Slovakia
Belgium	Greece	Mongolia* (*eligible to parti،te in the H-2B program only)	Slovenia
Bolivia	Gre،a	Monte،	Solomon Islands
Bosnia and Herzegovina	Guatemala	Mozambique	South Africa
Brazil	Haiti	Nauru	South Korea
Brunei	Honduras	The Netherlands	Spain
Bulgaria	Hungary	New Zealand	St. Vincent and the Gre،ines
Ca،a	Iceland	Nicaragua	Sweden
Chile	Ireland	North Macedonia	Switzerland
Colombia	Israel	Norway	Taiwan
Costa Rica	Italy	Panama	Thailand
Croatia	Jamaica	Papua New Guinea	Timor-Leste
Republic of Cyprus	Japan	Paraguay** (**eligible to parti،te in the H-2A program only)	Turkey
Czech Republic	Kiribati	Peru	Tuvalu
Denmark	Latvia	The Philippines* (*eligible to parti،te in the H-2B program only)	Ukraine
Dominican Republic	Liechtenstein	Poland	United Kingdom
Ecuador	Lithuania	Portugal	Uruguay
El Salvador	Luxembourg	Romania	Vanuatu
Estonia

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.

November 2023 Global Immigration Alert

Sey،h Shaw LLP

Please note, while we address some country-specific updates related to the COVID-19 pandemic, this Alert contains information regarding global restrictions and closures as they stand today.