-
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 becomes 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 are 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 becomes 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.
View DocumentBiden Administration Action: Proposed Revocation/Replacement/Modification
September 20, 20232023.09.20 DHS Proposed Rule on H-2 Reforms.pdf
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. 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 not on the lists. The public comment period concluded on November 20, 2023.
View DocumentBiden Administration Action: Revoked/Replaced
December 18, 20242024.12.18 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, DHS announced a final rule modernizing H-2 program requirements, including removal of the H-2 eligible countries list.
This final rule went into effect on January 17, 2025.
View DocumentCurrent Status
Not in effectMost Recent Action
December 18, 2024 Action: Revoked/Replaced 2024.12.18 DHS Final Rule: Modernizing H-2 Program Requirements, Oversight, and Worker ProtectionsNovember 10, 2021Acted on by Biden Administration
September 20, 2023Acted on by Biden Administration
December 18, 2024Acted 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
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.05.12 - NPR: As Trump aims to deport millions, one pathway to legal status got bigger
NPR discusses how the December 2024 Biden admin changes to the H-2 visa program have continued to make it easier for H-2B vis holders to apply for green cards without risking their visas. This regulatory changes gives both H-2B visa holders and their employers more stability. The article highlights the horse-racing industry—which is dependent on specialized jobs most Americans aren't lining up to do—and discusses employers' comments that having workers with permanent status is critical due to all the uncertainty around immigration. More employers are sponsoring green cards as a way to hold onto the workers they’ve trained and trust.
Go to article