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H2B Visas – New Changes and Countries Eligible for H-2B Program Participation

I previously reported on changes to the H2B visa program. On December 19, 2008, DHS published in the Federal Register a final rule “Changes to Requirements Affecting H-2B Nonimmigrants,” which provides that the Secretary of Homeland Security will publish a list of designated countries whose nationals can be the beneficiaries of an approved H-2B petition and are eligible for H-2B visas. This initial list will be composed of countries that are important for the operation of the H-2B program.

Pursuant to the final rule, this 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-2B 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-2B nonimmigrant status. We will update you on the other changes affecting this program in the next posts.

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