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Original Date Announced
January 13, 2021The Secretary of Homeland Security identifies 81 countries whose nationals are eligible for the H-2A program and 80 countries whose nationals are eligible for the H-2B program. This designation will become effective January 19, 2021 and will last until January 18, 2022. The Secretary uses overstay rates and cooperation with removal as factors in making these designations. Mongolia, the Independent State of Samoa, and Tonga were removed from prior lists of eligible countries. The Philippines has been added to the H-2B eligible countries list. [ID #1281]
Identification of foreign countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant worker programsEffective Date
January 19, 2021Biden Administration Action: Modified
November 10, 2021DHS reinstates Mongolia to list of H-2B eligible countries
The Secretary of Homeland Security identifies 85 countries whose nationals are eligible for the H-2A program and 86 countries whose nationals are eligible for the H-2B program. This designation will become effective November 10, 2021 and last until November 10, 2022. The Secretary uses overstay rates and cooperation with removals as factors in making these designations. Mongolia was reinstated to only the list of eligible H-2B countries. The Independent State of Samoa and Tonga remained excluded from the list of eligible countries. Five new countries were added to both programs and one new country was added to only the H-2A program.
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: DHSAssociated or Derivative Policies