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H–2A and H–2B Visa Programs – Foreign Countries Whose Nationals Are Eligible To Participate

Some updates on H2A and H2B visas. DHS issued a notice on the identification of 39 countries whose nationals are eligible to participate in the H–2A and H–2B programs for the coming year. This notice is effective 1/18/10 and shall be without effect at the end of one year after 1/18/10.

Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may only approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries that the Secretary of Homeland Security, has designated by notice published in the Federal Register.

A new development to report, 11 additional countries are now joining to the list of countries whose nationals are eligible to participate in the H-2A and H-2B programs. In consideration of all of the above, this notice designates for the first time Croatia, Ecuador, Ethiopia, Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia, Slovakia, and Uruguay as countries whose nationals are eligible to participate in the H-2A and H-2B programs.

So now the following countries are eligible to participate in the H-2A and H-2B visa programs:
Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, Uruguay.

This notice does not affect the status of aliens who currently hold H-2A or H-2B nonimmigrant status.