Biden Administration Action: Modified

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.

Biden Administration Action: Proposed Revocation/Replacement/Modification

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.

Biden Administration Action: Other

2024.11.08 - DHS Identification of Belize as Eligible to Participate in H-2A and H-2B Programs

On November 8, 2024, the Secretary of Homeland Security, in consultation with the Secretary of State, determined that Belize should be designated as an eligible country to participate in both the H-2A and H-2B nonimmigrant visa programs. The Secretary has identified 88 countries as eligible for the H-2A program and 89 countries for the H-2B program.

Biden Administration Action: Other

2024.11.07 - Identification of Foreign Countries Whose Nationals Are Eligible to Participate in the H-2A and H-2B Nonimmigrant Worker Programs

Department of Homeland Security (DHS) lists 88 countries as eligible for the H-2A program and 89 countries for the H-2B program. The lists of countries eligible under both programs now includes Haiti and Belize.

Biden Administration Action: Revoked/Replaced

2024.12.18 DHS Final Rule: Modernizing H-2 Program Requirements, Oversight, and Worker Protections

This Biden administration policy replaces the Trump-era policy identified in this entry.

On December 18, 2024, the Department of Homeland Security (DHS) announced a final rule modernizing H-2 program requirements. One of the major policy changes was the removal of the H-2 eligible countries list.

This final rule went into effect on January 17, 2025.