DHS announces the qualifying nations for the H-2A and H-2B Visa programs. The Department of Homeland Security (DHS) has published the list of nations whose citizens are eligible to participate in the H-2A and H-2B Visa programs in the upcoming year, following consultation with the Department of State (DOS).
A notice listing the qualified nations was published in the Federal Register on November 9, 2023. Bolivia should be included in the list of nations that are eligible to participate in the H-2A and H-2B programs. The following is a list of eligible countries. The Department of Homeland Security (“DHS”) reserves the right to alter the lists of eligible countries at any time.
By publishing a notice in the Federal Register, DHS and DOS determine that a country does not meet the criteria for continuous designation. For instance, fraud, abuse, non-immigrant visa overstay rates, and other instances of non-compliance with the terms and conditions of the H2 Visa programs by nationals of the country that are detrimental to the United States are potential factors that could lead to the exclusion of a country or its removal from the list.
H-2A and H-2B Visa Programs
The H-2A and H-2B Visa programs enable employers in the United States to recruit foreign nationals for temporary positions in agriculture and non-agricultural disciplines, respectively. The H-2A and H-2B petitions may be approved by USCIS only for nationals of nations that the Secretary of Homeland Security has identified as eligible to participate in the programs.
USCIS may grant H-2A and H-2B petitions to citizens of nations that are not on the lists, including those that were pending as of the Federal Register notice publication date, on a case-by-case basis, provided that doing so is deemed to be in the best interests of the United States.
Eligible Countries
The following nations’ nationals are eligible to register for H-2A and H-2B visas:
- Andorra
- The Kingdom of Eswatini
- Madagascar
- Saint Lucia
- Argentina
- Fiji
- Malta
- The Republic of San Marino
- Australia
- Finland
- Serbia
- Mauritius
- Singapore
- Mexico
- France
- Austria
- Barbados
- Germany
- Monaco
- Slovakia
- Belgium
- Greece
- Mongolia
- Slovenia
- Bolivia
- Granada
- Montenegro
- Solomon Islands
- Bosnia and Herzegovina
- Guatemala
- Mozambique
- South Africa
- Brazil
- Haiti
- Nauru
- Republic of Korea
- Brunei
- Honduras
- The Netherlands
- Spain
- Bulgaria
- Hungary
- New Zealand
- St. Vincent and the Grenadines
- Canada
- The island of Iceland
- Nicaragua
- Sweden
- Chile
- Ireland
- North Macedonia
- Switzerland
- Colombia
- Norway
- Taiwan
- Costa Rica
- Italy
- Panama
- Thailand
- Croatia
- Jamaica
- Papua New Guinea
- Timor-Leste
- Cyprus Republic
- Japan
- Paraguay
- Turkey
- Czech Republic
- Kiribati
- Peru
- Tuvalu
- Denmark
- Latvia
- The Republic of the Philippines
- Ukraine
- Dominican Republic
- The Principality of Liechtenstein
- Poland
- United Kingdom
- Ecuador
- Lithuania
- Portugal
- Uruguay
- El Salvador
- Luxembourg is a
- Romania
- Vanuatu
- Estonia
- Mongolia
- The Republic of the Philippines
Although they are not eligible to participate in the H-2A program, the aforementioned countries are eligible to participate in the H-2B program. Paraguay is eligible to participate in the H-2A program; however, it is not eligible to participate in the H-2B program.
Details for DHS Announces 89 Countries Eligible for H-2A and H-2B
It is important to acknowledge that the Taiwan Relations Act of 1979 and US statutes refer to or involve foreign countries, nations, states, governments, or similar entities for all references to a country or countries in this article. These conditions will necessitate the implementation of this legislation in Taiwan.
As a result, any references to a country or countries in the regulations that govern the eligibility of individuals from a particular country to participate in the H2 program. This is consistent with the policy of the United States, Taiwan, and China, which has permitted the United States to maintain informal relations with Taiwan since 1979.
Major USCIS Update: New Filing Location for Form I-907 with I-140!
The location of the form I-140 filing for form I-907 has been altered by USCIS. The filing location for Form I-907, Request for Premium Processing, when lodged with Form I-140, Alien Worker Petition, will be relocated from the service centers to the USCIS lockbox, effective November 13, 2023.
As of November 13, 2023, the USCIS lockbox will serve as the filing venue for newly submitted forms I-140 that are submitted concurrently with form I-907. This change will supplant the USCIS service centers. Consequently, as part of our efforts to increase productivity by reducing costs, digitizing processes, and reducing the physical footprint of our service centers
This change in filing location is not applicable if you are filing form I-907 for a pending form I-140 or if you are filing form I-140 in conjunction with an associated application (such as form I-765, form I-131, or form I-485). The service senders listed on the direct filing addresses page should be used to submit Form I-140 Immigrant Petition for Alien Worker. USCIS will soon announce modifications to the filing site for these applications.
The lockboxes will reject any form I-907 that is submitted with a form I-140 that has an associated form (I-131, form I-485, or form I-765). Form I-907 requests of this nature should continue to be submitted to the service centers listed on the direct filing addresses for form I-140.
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New Mailing Centres Starting
Starting November 13, 2023, please send Form I-140 and Form I-907 to USCIS jointly at the following addresses. As of December 13, 2023, USCIS will invalidate any form I-907 that was submitted with a form I-140 that was obtained at the previous service center address. To submit your completed form, please contact;
- Phoenix Lockbox of the United States Citizenship and
- United States Citizenship and Immigration Services (USCIS)
- Premium I-140 P.O. Box 21500 Phoenix, Arizona 85036-1500
- FedEx, UPS, and DHL deliveries:
- USCIS Attn: Premium I-140 (Box 215000)
- 2108 East Elliot Road, Tempe, Arizona 85284-1806
Location List
If any of the following are present at the beneficiary’s place of employment, please utilize the address provided above:
- Alaska
- Arizona
- Arkansas
- Armed forces
- California
- Montana
- Nevada
- New Mexico
- The islands of the Northern Marianas
- The state of Colorado
- Georgia
- Guam
- Hawaii
- Idaho
- Louisiana
- Marshall Islands
- Oklahoma
- Oregon
- The state of Texas
- Virgin Islands of the United States
- Utah
- Washington
- Wyoming
USCIS Elgin Lockbox US Postal Service (USPS):
USCIS Attn: Premium I-140 P.O. Box 4008 Carol Stream, IL 60197-4008
FedEx, UPS, and DHL deliveries.
USCIS Attn: Premium I-140 (Box 4008) 2500 Westfield Drive Elgin, IL 60124-7836
Location following, see the list
- Alabama Connecticut
- Delaware
- District of Columbia
- Florida
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Maryland
- New York
- North Carolina
- Massachusetts
- Michigan
- North Dakota
- Ohio
- Minnesota
- Mississippi
- The island of Puerto Rico
- Missouri
- Nebraska
- New Hampshire
- New Jersey
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Vermont
- Virginia
- West Virginia
- Wisconsin
Benefits of DHS Announces 89 Countries Eligible for H-2A and H-2B
- Expanded Talent Pool: Employers are able to access a wider variety of international laborers, which simplifies the process of identifying eligible candidates for seasonal and temporary positions.
- Addressing Labor Shortages: The expanded list is instrumental in addressing labor shortages in critical industries, including agriculture, hospitality, and construction, thereby ensuring that businesses can meet demand and operate efficiently.
- Enhanced Flexibility: Employers are now able to source laborers from a wider range of regions with varying skill sets, as eligibility has been extended to more countries.
- Reduced Recruitment Costs: By offering a greater number of options for filling vacancies, recruitment costs and time can be reduced by accessing a larger population of eligible workers.
- Operational Continuity: Employers can preserve productivity and prevent operational disruptions by establishing a consistent workforce through the H-2A and H-2B programs.
Frequently Asked Questions:
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How do I find an H-2B visa sponsor?
Individuals cannot apply for an H-2B visas without sponsorship from aUS. employer. Individuals must either apply for jobs directly with U.S. employers that will sponsor H-2B visas or locate an ethical recruiter in their home country that can facilitate a connection with U.S. companies seeking H-2B workers.
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What are the H-2A and H-2B visas?
H-2A visas are specifically designed for nonimmigrants seeking temporary employment in the agricultural sector of the United States. The H-2B nonimmigrant visa program permits employers in the United States to temporarily hire nonimmigrants for nonagricultural jobs.
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What countries are eligible for a H-2B visa?
Through nationals of the following countries are eligible to participate in both the H-2A and H-2B visa programs: These countries include Andorra, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, El Salvador, Estonia, and Fiji.
