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DHS removes Belize, Haiti and Samoa from countries eligible for H-2A and H-2B visas

  1. Original Date Announced

    January 18, 2018

    DHS updates the list of countries approved for H-2A and H-2B temporary worker visas by eliminating Belize, Haiti, and Samoa. By regulation, USCIS can issue H-2A and H-2B visas only to nationals from countries that the Secretary of DHS, in consultation with the Department of State, has deemed eligible for the program. Criteria include the country's overall participation in the U.S. immigration system, including its willingness to accept noncitizens who are ordered removed. The updated country list also adds Mongolia. [ID #496]

    Federal Register Notice: Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs
  2. Effective Date

    January 18, 2018
  3.  
  4. Biden Administration Action: Modified

    November 10, 2021

    DHS re-designates Haiti to H-2A and H-2B eligible country list

    The Secretary of Homeland Security has also determined, with the concurrence of the Secretary of State, that Haiti should be designated as an eligible country to participate in the H-2A and H-2B non-immigrant visa programs because the participation of the country is in the U.S. interest consistent with the regulations governing these programs. Belize and Samoa remain excluded from the list.

    Go to article on federalregister.gov
  5. Biden Administration Action: Proposed Revocation/Replacement/Modification

    September 20, 2023

    2023.09.20 DHS Proposed Rule on H-2 Reforms.pdf

    This Biden administration action proposes a change that, if implemented, would reverse the Trump-era policy identified in this entry.

    On September 20, 2023, DHS issued a proposed rule to modernize the H-2 program. The proposal includes eliminating the lists of countries eligible to participate in the H-2 programs. Employers, beneficiaries, and the Federal Government will benefit from the simplification of Form I-129 adjudications by eliminating the “national interest” portion of the adjudication that USCIS is currently required to conduct for beneficiaries from countries that are not on the lists. The public comment period concludes on November 20, 2023.

    View Document

Current Status

Partially in effect

Most Recent Action

September 20, 2023 Action: Proposed Revocation/Replacement/Modification 2023.09.20 DHS Proposed Rule on H-2 Reforms.pdf
November 10, 2021
Acted on by Biden Administration
September 20, 2023
Acted on by Biden Administration

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