The Department of Homeland Security has published lists of countries whose nationals will be eligible for the H-2A and H-2B visa programs in the upcoming year.
Key Points:
- The lists are mostly unchanged from last year, with one addition, Bolivia, to both lists.
- All nationals who were eligible for the H-2A and H-2B visa programs last year will remain eligible this year.
- Nationals of Mongolia and the Philippines will remain eligible for the H-2B visa program but not the H-2A program. Nationals of Paraguay will remain eligible for the H-2A program but not the H-2B program.
- Nationals of countries that are not on the lists may be eligible for H-2A or H-2B visas on a case-by-case basis if U.S. Citizenship and Immigration Services makes a determination that issuing a visa would be in the national interest.
Additional Information: The countries whose nationals are eligible for the H-2A and H-2B visa programs are as follows:
- Andorra
- Argentina
- Australia
- Austria
- Barbados
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Brazil
- Brunei
- Bulgaria
- Canada
- Chile
- Colombia
- Costa Rica
- Croatia
- Republic of Cyprus
- Czech Republic
- Denmark
- Dominican Republic
- Ecuador
- El Salvador
- Estonia
- The Kingdom of Eswatini
- Fiji
- Finland
- France
- Germany
- Greece
- Grenada
- Guatemala
- Haiti
- Honduras
- Hungary
- Iceland
- Ireland
- Israel
- Italy
- Jamaica
- Japan
- Kiribati
- Latvia
- Lithuania
- Luxembourg
- Madagascar
- Malta
- Mauritius
- Mexico
- Monaco
- Mongolia*
- Montenegro
- Mozambique
- Nauru
- The Netherlands
- New Zealand
- Nicaragua
- North Macedonia
- Norway
- Panama
- Papua New Guinea
- Paraguay**
- Peru
- The Philippines*
- Poland
- Portugal
- Romania
- Saint Lucia
- San Marino
- Serbia
- Singapore
- Slovakia
- Slovenia
- Solomon Islands
- South Africa
- South Korea
- Vincent and the Grenadines
- Sweden
- Switzerland
- Taiwan***
- Thailand
- Timor-Leste
- Turkey
- Tuvalu
- Ukraine
- United Kingdom
- Uruguay
- Vanuatu
*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.
This alert has been provided by the BAL U.S. Practice Group.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.