Which countries are eligible for H-2A and H-2B visas in 2019?

In my Consulta Migratoria® column this week, I report on which countries the U.S. Government designated as eligible for H-2A and H-2B visas in 2019.

This is the column:

The U.S. Department of Homeland Security (DHS) announced at the Federal Register (Federal Register) which countries are eligible for H-2A and H-2B visas for the next 12 months:

• 84 countries whose nationals are eligible to participate in the H-2A program
• 81 countries whose nationals are eligible to participate in the H-2B program

The H-2A visa program allows U.S. employers to bring foreign nationals to the United States for temporary agricultural employment.

The H-2B program allows foreign nationals to be brought in for temporary, non-agricultural employment.

With few exceptions, 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.

ELIGIBLE COUNTRIES

As of January 19, 2019, the Latin American countries eligible to participate in the H-2A and H-2B visa programs are as follows:

H-2A Program

Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Uruguay.

According to DHS, Paraguay was added to the list because there are few individuals from that country who overstay their visas and it cooperates with the United States in the return of its nationals who have final orders of deportation or removal. In addition, Paraguay's Ministry of Agriculture recently indicated its intention to administer a special program aimed at young Paraguayans whose education is related to agriculture that will allow them to obtain agricultural work experience in the United States and use this experience to improve their family farms upon their return to Paraguay.

H-2B Program

Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Uruguay.

Citizens of the Dominican Republic no are eligible to participate in the H-2B program. According to DHS, in fiscal year 2017, approximately 30% of Dominicans on H-2B visas overstayed their authorized period of stay, something the U.S. Government considers unacceptable.

Spain and Portugal are also on the list and are eligible to participate in both programs.

You can see the complete list of all countries here.

This new list does not affect the status of individuals currently holding H-2A or H-2B visas.

The new list of eligible countries is announced on the Federal Register and is valid for one year from the date of publication.

WARNING

Not everyone is eligible for an H-2A or H-2B visa. I recommend that you consult with a licensed and experienced immigration attorney before beginning any immigration proceedings.