The Department of Homeland Security (DHS), in consultation with the State Department 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. Employers are permitted to hire temporary agricultural and non-agricultural workers to fulfill seasonal, intermittent, one-time or peakload basis. These popular non-immigrant visas allow for initial length of stay and ability to renew according to the terms of each visa’s specifications.

These changes are particularly noteworthy since they reverse or nullify bans of entry into the United States during the Trump administration. Of note are the following decisions by the Secretary of Homeland Security in concurrence with the Secretary of State to:

• “Add Bosnia and Herzegovina, the Republic of Cyprus, the Dominican Republic (currently only eligible for  the H-2A program), Haiti, Mauritius, and Saint Lucia to the list of countries eligible to participate in the H-2A and H-2B programs; and 
• No longer designate Moldova as an eligible country for the H-2A visa program because it no longer meets the regulatory standards for that program. However, Moldova’s eligibility for the H-2A program remains effective until Jan. 18, 2022.”

Per the notice, effective 11/10/2021, nationals of the following countries are eligible to receive H-2A and H-2B visas: 

“*Moldova and Paraguay are eligible to participate in the H-2A program but they are not eligible to participate in the H-2B program. Moldova’s eligibility for the H-2A program remains effective until Jan. 18, 2022. 

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

A full version of this notice is available in the Federal Register at Federal Register :: Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs.

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