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 designations take effect today and will remain in effect through Nov. 10, 2023.
  • The lists are mostly unchanged from last year, with one addition (Eswatini) 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 Cyprus Haiti Malta Paraguay** South Korea
Argentina Czech Republic Honduras Mauritius Peru Spain
Australia Denmark Hungary Mexico The Philippines* St. Vincent and the Grenadines
Austria Dominican Republic Iceland Monaco Poland Sweden
Barbados Ecuador Ireland Mongolia* Portugal Switzerland
Belgium El Salvador Israel Montenegro Romania Taiwan
Bosnia and Herzegovina Estonia Italy Mozambique Saint Lucia Thailand
Brazil Eswatini Jamaica Nauru San Marino Timor-Leste
Brunei Fiji Japan Netherlands Serbia Turkey
Bulgaria Finland Kiribati New Zealand Singapore Tuvalu
Canada France Latvia Nicaragua Slovakia Ukraine
Chile Germany Liechtenstein North Macedonia Slovenia United Kingdom
Colombia Greece Lithuania Norway Solomon Islands Uruguay
Costa Rica Grenada Luxembourg Panama South Africa Vanuatu
Croatia Guatemala Madagascar Papua New Guinea

*Eligible for H-2B program but not H-2A.
**Eligible for H-2A program but not H-2B.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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