DHS Announces Countries Eligible For H-2A And H-2B Visa Programs - Work Visas - Immigration (2024)

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On Nov. 8, 2023, the Department of Homeland Security (DHS)announced the list of countries whose nationals will be eligible toparticipate in the H-2A visa program for agricultural workers andthe H-2B visa program for non-agricultural workers in 2024. TheH-2A and H-2B visa programs allow U.S. employers to bring foreignnationals to the United States to fill temporary agricultural andnonagricultural jobs. Typically, U.S. Citizenship and ImmigrationServices (USCIS) approves H-2A and H-2B petitions only fornationals of countries designated by the Secretary of HomelandSecurity as eligible to participate in these programs. However,USCIS may still approve H-2A and H-2B nonimmigrant visa petitionsfor nationals of non-designated countries if USCIS determines, as amatter of discretion and on a case-by-case basis, that it is in theinterest of the United States for the individual to be abeneficiary of such petition.

Effective Nov. 9, 2023, the Secretary of Homeland Security addedBolivia to the list of countries eligible forparticipation in the H-2A and H-2B nonimmigrant visa programs.Specifically, in sum, the Secretary of Homeland Security identified87 countries whose nationals are eligible to participate in theH-2A program for agricultural workers, and 88 countries whosenationals are eligible to participate in the H-2B program fornon-agricultural workers for 2024. These designations are effectivefrom Nov. 9, 2023, to Nov. 8, 2024. The notice listing the eligible countries waspublished in the Federal Register Nov. 9, 2023. This notice doesnot affect the status of H-2A and H-2B beneficiaries who arecurrently in the United States unless they apply to extend theirstay in H-2A/H-2B status on or after the publication date of theFederal Register notice, Nov. 9, 2023. Similarly, this notice wouldnot affect the eligibility of an H-2A and H-2B beneficiary to applyfor an H-2 visa stamp at the U.S. Embassy or Consulate abroad andseek admission to the United States based on an H-2A/H-2Bnonimmigrant petition approved prior to Nov. 9, 2023.

According to the Secretary of Homeland Security'sdesignations, effective Nov. 9, 2023, to Nov. 8, 2024, nationals ofthe following countries are eligible to receive H-2A and H-2Bnonimmigrant visas in the United States:

On Nov. 8, 2023, the Department of Homeland Security (DHS)announced the list of countries whose nationals will be eligible toparticipate in the H-2A visa program for agricultural workers andthe H-2B visa program for non-agricultural workers in 2024. TheH-2A and H-2B visa programs allow U.S. employers to bring foreignnationals to the United States to fill temporary agricultural andnonagricultural jobs. Typically, U.S. Citizenship and ImmigrationServices (USCIS) approves H-2A and H-2B petitions only fornationals of countries designated by the Secretary of HomelandSecurity as eligible to participate in these programs. However,USCIS may still approve H-2A and H-2B nonimmigrant visa petitionsfor nationals of non-designated countries if USCIS determines, as amatter of discretion and on a case-by-case basis, that it is in theinterest of the United States for the individual to be abeneficiary of such petition.

Effective Nov. 9, 2023, the Secretary of Homeland SecurityaddedBoliviato the list of countrieseligible for participation in the H-2A and H-2B nonimmigrant visaprograms. Specifically, in sum, the Secretary of Homeland Securityidentified 87 countries whose nationals are eligible to participatein the H-2A program for agricultural workers, and 88 countrieswhose nationals are eligible to participate in the H-2B program fornon-agricultural workers for 2024. These designations are effectivefrom Nov. 9, 2023, to Nov. 8, 2024. Thenotice listing the eligible countrieswas published in theFederal Register Nov. 9, 2023. This notice does not affect thestatus of H-2A and H-2B beneficiaries who are currently in theUnited States unless they apply to extend their stay in H-2A/H-2Bstatus on or after the publication date of the Federal Registernotice, Nov. 9, 2023. Similarly, this notice would not affect theeligibility of an H-2A and H-2B beneficiary to apply for an H-2visa stamp at the U.S. Embassy or Consulate abroad and seekadmission to the United States based on an H-2A/H-2B nonimmigrantpetition approved prior to Nov. 9, 2023.

According to the Secretary of Homeland Security'sdesignations, effective Nov. 9, 2023, to Nov. 8, 2024, nationals ofthe following countries are eligible to receive H-2A and H-2Bnonimmigrant visas in the United States:

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