Biden Administration Action: Modified

DHS 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.

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.