DHS Announces Countries Eligible for H-2A and H-2B Visa Programs

The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The notice listing the eligible countries will be published in the Federal Register on Nov. 9, 2023.

Effective Nov. 9, 2023, the secretary of homeland security, with the concurrence of the secretary of state, has decided to:

• Add Bolivia to the list of countries eligible to participate in the H-2A and H-2B programs.

DHS maintains its authority to amend the eligible countries lists at any time through publication of a Federal Register Notice, should DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U.S. interest.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of homeland security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register Notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

Effective Nov. 9, nationals of the following countries are eligible to receive H-2A and H-2B visas:

Andorra	The Kingdom of Eswatini	Madagascar	Saint Lucia
Argentina	Fiji	Malta	San Marino
Australia	Finland	Mauritius	Serbia
Austria	France	Mexico	Singapore
Barbados	Germany	Monaco	Slovakia
Belgium	Greece	Mongolia*	Slovenia
Bolivia	Grenada	Montenegro	Solomon Islands
Bosnia and Herzegovina	Guatemala	Mozambique	South Africa
Brazil	Haiti	Nauru	South Korea
Brunei	Honduras	The Netherlands	Spain
Bulgaria	Hungary	New Zealand	St. Vincent and the Grenadines
Canada	Iceland	Nicaragua	Sweden
Chile	Ireland	North Macedonia	Switzerland
Colombia	Israel	Norway	Taiwan***
Costa Rica	Italy	Panama	Thailand
Croatia	Jamaica	Papua New Guinea	Timor-Leste
Republic of Cyprus	Japan	Paraguay**	Turkey
Czech Republic	Kiribati	Peru	Tuvalu
Denmark	Latvia	The Philippines*	Ukraine
Dominican Republic	Liechtenstein	Poland	United Kingdom
Ecuador	Lithuania	Portugal	Uruguay
El Salvador	Luxembourg	Romania	Vanuatu
Estonia

*Mongolia and the Philippines are eligible to participate in the H-2B program but are not eligible to participate in the H-2A program.

**Paraguay is eligible to participate in the H-2A program but is not eligible to participate in the H-2B program.

***Regarding all references to "country" or "countries" in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that "[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan." 22 U.S.C. § 3303(b)(1). Accordingly, all references to "country" or "countries" in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States' one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register Notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved prior to the date of publication of the Federal Register Notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country's designation is valid from Nov. 9, 2023, until Nov. 8, 2024.

For more information on these programs, see the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website.