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Original Date Announced
January 18, 2018DHS 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 ProgramsEffective Date
January 18, 2018Biden Administration Action: Modified
November 10, 2021DHS 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.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.pdfNovember 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