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The Department of Homeland Security (DHS) announced in the Federal Register the list of countries that are eligible for H-2A and H-2B visas for the next 19 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 foreign nationals to be brought in for temporary non-related employment agriculture.
Countries eligible for H-2A and H-2B visas in the 2021
From 19 January 2021, Latin American countries eligible to participate in visa programs H-2A and H-2B are as follows:
H-2A visa program
Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Hondur as, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic 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 can participate in both programs.
You can see the complete list of all countries by reading the announcement in the Federal Register.
This new list does not affect the status of people currently holding H-2A or H-2B visas.
The United States Citizenship and Immigration Services (USCIS) only approves petitions from citizens of countries deemed eligible by the DHS Secretary 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 workers’ agents under the H-2A and H-2B visa program
Only qualified U.S. employers or agents may submit applications for foreign workers under the H-2A and H-2B visas. The process of applying for one of these visas is complicated and visas sell out quickly.
You can see the list of US employers or agents who have submitted applications for foreign workers under the H-2A and H-2B visa program by doing on the United States Department of Labor website.
Temporary jobs under the H-2A and H-2B visa program
Only certain kinds of jobs are eligible under the H-2A and H-2B visa program. Some examples of jobs available under these programs include orchard worker, horticultural 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 website of the United States Department of Labor.
Warning
No All individuals are eligible for an H-2A or H-2B visa.
US employers and agents and foreign workers should consult with a licensed immigration attorney in the United States and experience before beginning any immigration process.
For more information and immigration advice, visit my website Immigration Today®.
Send your questions to questions@consultamigratoria.com. Please include detailed information about your situation to better answer your questions.
This column was originally published on Immigration Today® and is reproduced with permission.
Dr. Nelson A. Castillo is an immigration attorney and author of The Green Card: How to Obtain Permanent Residency in the United States . He is past President of the National Hispanic Lawyers Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here.
The purpose of This column is to provide general information. The outcome of the information presented by Dr. Nelson A. Castillo cannot be guaranteed or predicted. The information should not be taken as legal advice for any individual, case or situation. This column could be considered an advertisement by the Rules of Professional Conduct for attorneys in various states, including California and New York. Consult with an immigration attorney for personalized legal advice before starting any immigration process.
