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Original Date Announced
January 18, 2019DHS removes Ethiopia and Philippines from the H-2A and H-2B eligible lists. The Dominican Republic is removed from the H-2B list only. DHS establishes Mozambique and Samoa as eligible for both categories. DHS designates Paraguay as eligible for H-2A only. [ID #541]
Federal Register Notice: Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker ProgramsEffective Date
January 19, 2019Biden Administration Action: Modified
January 13, 2021DHS re-designates the Philippines to H-2B program eligible list
The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that the Philippines should be designated as eligible to participate in the H-2B non-immigrant visa program because the participation of the Philippines is in the U.S. interest consistent with the regulations governing this program.
Go to article on federalregister.govBiden Administration Action: Modified
November 10, 2021DHS re-designates Dominican Republic to H-2B eligible country list
The Secretary of Homeland Security has also determined, with the concurrence of the Secretary of State, that the Dominican Republic (currently only eligible for H-2A) should be designated as eligible to participate in the H-2A and H-2B non-immigrant visa programs, consistent with the United States' interest and the regulations governing these programs.
Go to article on federalregister.govBiden Administration Action: Proposed Revocation/Replacement/Modification
September 20, 20232023.09.20 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 DocumentCurrent Status
Partially in effectMost Recent Action
September 20, 2023 Action: Proposed Revocation/Replacement/Modification 2023.09.20 DHS Proposed Rule on H-2 Reforms.pdfJanuary 13, 2021Acted on by Biden Administration
November 10, 2021Acted on by Biden Administration
September 20, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies