In my Consulta Migratoria® column, I report on the countries that may participate in the H-2A and H-2B visa program in 2022-2023.
Department of Homeland Security (DHS) announced the list of countries that are eligible for H-2A and H-2B visas for the next 12 months.
What are the H-2A and H-2B visa programs?
The H-2A visa program allows U.S. employers to bring foreign nationals to the United States for temporary agricultural employment.
The H-2B visa program allows foreigners to be brought in for temporary non-agricultural employment.
Countries eligible for H-2A and H-2B visas in 2022-2023
Latin American countries eligible to participate in the H-2A and H-2B visa programs during the period November 10, 2022 through November 9, 2023 are as follows:
H-2A Visa Program
Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Uruguay.
H-2B Visa Program
Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Uruguay.
Spain and Portugal are also on the list and are eligible to participate in both programs.
You can see the complete list of all the countries by reading the official announcement in the Federal Register (Federal RegisterThe company's)
The new list of eligible countries is valid for one year from the date of publication.
Employers or agents of workers under the H-2A and H-2B visa programs
Only eligible U.S. employers or agents may file applications for foreign workers under the H-2A and H-2B visa programs. The process of applying for one of these visas is complicated and visas sell out quickly.
You can see the list of U.S. employers or agents who have filed applications for foreign workers under the H-2A and H-2B visa program by doing so on the U.S. Department of Labor's website.
U.S. Citizenship and Immigration Services (USCIS) only approves petitions from nationals of countries that the Secretary of DHS deems eligible to participate in the H-2A and H-2B program. There are exceptions.
Temporary jobs under the H-2A and H-2B visa programs
Only certain types of jobs are eligible under the H-2A and H-2B visa program.
Some examples of jobs available under these programs include orchard worker, horticulture worker, farm worker, animal herder, gardener, seafood processor, construction worker, cook and dishwasher.
You can see the list of temporary and seasonal jobs available under the H-2A and H-2B visa program on the U.S. Department of Labor's website.
Important additional information
Current beneficiaries of H-2A or H-2B visas in the United States will not be affected by the new law. notice of the Federal Register "unless" they seek an extension of their H-2 status through a petition filed "on or after" the date of publication of the Federal Register notice.
The ability of a beneficiary of H-2A or H-2B visas to apply for an H-2 visa and/or seek admission to the United States on the basis of an H-2 petition authorized "prior to" the date of publication of the notice of the Federal Register is also not affected by this notice.
The notice of the Federal Register does affect nonimmigrant visa holders who wish to change to H-2A or H-2B status while in the United States.
Not everyone is eligible for an H-2A or H-2B visa. Employers and U.S. agents and foreign workers should consult with a licensed and experienced U.S. immigration attorney before beginning any immigration proceedings.
For more information and immigration tips, visit my website at Immigration Today.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.
The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.
