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DHS removes Ethiopia and Philippines from H-2A and H-2B eligible list, removes Dominican Republic from H-2B list

  1. Original Date Announced

    January 18, 2019

    DHS 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 Programs
  2. Effective Date

    January 19, 2019
  3.  
  4. Biden Administration Action: Modified

    January 13, 2021

    DHS 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.gov
  5. Biden Administration Action: Modified

    November 10, 2021

    DHS 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.gov
  6. 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
January 13, 2021
Acted on by Biden Administration
November 10, 2021
Acted on by Biden Administration
September 20, 2023
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

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