Visa Lawyer Blog
We have been reporting about the changes to the H2A Visa program in the past few weeks. One of the issues discussed is limiting the participation in the program to certain countries only.
Under the final rule, the Department of Homeland Security (DHS) will only approve petitions for H-2A nonimmigrant status for nationals of countries designated by means of the list or by means of the special procedure allowing petitioners to request approval for particular beneficiaries if the Secretary of Homeland Security determines that it is in the U.S. interest. Pursuant to the final rule, the notice designates those countries the Secretary of Homeland Security, with the concurrence of the Secretary of State, has found to be eligible to participate in the H-2A program.
According to the rule nationals from the following countries are eligible to participate in the H-2A visa program: Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico; Moldova; New Zealand; Peru; Philippines; Poland; Romania; South Africa; South Korea; Turkey; Ukraine; United Kingdom.
This notice does not affect the status of aliens who currently hold H-2A nonimmigrant status.