In my Consulta Migratoria® column this week, I report on the countries that will be eligible to participate in the H-2A and H-2B visa program in 2021.
Department of Homeland Security (DHS) announced in the Federal Register (Federal Register) the list of countries that are eligible for H-2A and H-2B visas for the next 12 months.
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 2021
As of January 19, 2021, the Latin American countries eligible to participate in the H-2A and H-2B visa programs 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, 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 notice in the Federal Register.
This new list does not affect the status of individuals currently holding H-2A or H-2B visas.
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.
The new list of eligible countries is announced in the Federal Register and 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.
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 programs. Some examples of jobs available under these programs include orchard worker, horticulture worker, agricultural 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.
Warning
Not everyone is eligible for an H-2A or H-2B visa.
U.S. employers and 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.
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