Key points
– Bolivia joins the list of countries eligible for H-2A and H-2B visas in 2023-2024
– Most Latin American nations and the world remain
– Same requirements and processes for current H-2 workers
– Employers and workers must review the annual list in the Federal Registry
Introduction
Each year, the United States Department of Homeland Security (DHS)
announces an updated list of countries whose citizens are eligible to apply for H-visas
2A and H-2B, which allow US employers and agents to legally hire
temporary foreign agricultural and non-agricultural workers.
These temporary work programs are essential for various American industries
such as agriculture, construction and hospitality, which have seasonal fluctuations or peaks
in their demand for labor.
Knowing the changes to the list of eligible countries for 2023-2024 is crucial for both
employers and workers, in order to guarantee compliance with the most recent
regulatory requirements for these important temporary work visas.
According to the official DHS announcement in the Federal Register, changes to the list of countries whose
citizens are eligible to apply for H-2A and H-2B visas during the period of December 9
November 2023 until November 8, 2024 are minimums:
- Inclusion of Bolivia as of November 9, 2023. Bolivian citizens
They will be able to apply for these temporary work visas.
- Continuity for the vast majority of Latin American nations and the world that already
were previously authorized. Its citizens remain eligible.
This means positive news for the thousands of Latin American and other workers.
regions that already had temporary work authorization under the H-2A and H-programs
2B. They will be able to continue renewing and applying for these visas each year under the same rules.
The following table summarizes all countries and regions in the world whose citizens are
currently eligible for H-2A and H-2B visas, following announcement of changes for 2023-
2024:
Country H-2A H-2B
Germany Yes Yes
Andorra Yes Yes
Argentina Yes Yes
Australia Yes Yes
Austria Yes Yes
Barbados Yes Yes
Belgium Yes Yes
Bolivia Yes Yes
Bosnia and Herzegovina Yes Yes
Brazil Yes Yes
Brunei Yes Yes
Bulgaria Yes Yes
Canada Yes Yes
Chile Yes Yes
Colombia Yes Yes
South Korea Yes Yes
Costa Rica Yes Yes
Croatia Yes Yes
Denmark Yes Yes
Ecuador Yes Yes
El Salvador Yes Yes
Slovakia Yes Yes
Slovenia Yes Yes
Spain Yes Yes
Estonia Yes Yes
Philippines No Yes
Finland Yes Yes
France Yes Yes
Greece Yes Yes
Granada Yes Yes
Guatemala Yes Yes
Haiti Yes Yes
Honduras Yes Yes
Hungary Yes Yes
Ireland Yes Yes
Iceland Yes Yes
Solomon Islands Yes Yes
Israel Yes Yes
Italy Yes Yes
Jamaica Yes Yes
Japan Yes Yes
Kiribati Yes Yes
Latvia Yes Yes
Liechtenstein Yes Yes
Lithuania Yes Yes
Luxembourg Yes Yes
North Macedonia Yes Yes
Madagascar Yes Yes
Malta Yes Yes
Mexico Yes Yes
Monaco Yes Yes
Mongolia No Yes
Montenegro Yes Yes
Mozambique Yes Yes
Nauru Yes Yes
Nicaragua Yes Yes
Norway Yes Yes
New Zealand Yes Yes
Netherlands Yes Yes
Panama Yes Yes
Papua New Guinea Yes Yes
Paraguay No Yes
Peru Yes Yes
Poland Yes Yes
Portugal Yes Yes
Kingdom of Eswatini Yes Yes
United Kingdom Yes Yes
Czech Republic Yes Yes
Republic of Cyprus Yes Yes
Republic of Mauritius Yes Yes
Republic of South Africa Yes Yes
Dominican Republic Yes Yes
Romania Yes Yes
San Marino Yes Yes
Saint Vincent and the Grenadines Yes Yes
Saint Lucia Yes Yes
Serbia Yes Yes
Singapore Yes Yes
Sweden Yes Yes
Switzerland Yes Yes
Thailand Yes Yes
Taiwan Yes Yes
Timor-Leste Yes Yes
Türkiye Yes Yes
Tuvalu Yes Yes
Ukraine Yes Yes
Uruguay Yes Yes
Vanuatu Yes Yes
General eligibility requirements for H-2A and H-2B visas
For a foreign worker to qualify to be a beneficiary of a temporary H-2A or H-visa
2B, several requirements established primarily by DHS and the Department
of Labor (DOL):
- Temporary need: The applicant U.S. employer or agent must demonstrate
that your hiring need is temporary in nature, whether for a one-time occasion,
a seasonal need or an extraordinary peak of work.
- Priority for US workers: An attempt should be made to recruit and hire
domestic workers first. Only if no American candidates are found
suitable, willing and available, you can opt for H-2A and H- foreign workers
2B.
- Fair wages and conditions: Hiring guest workers with H-2A visas
o H-2B must not adversely affect the wages and other working conditions of the
American workers employed in similar occupations.
- Labor certification: The US employer or agent must obtain a
temporary work certification issued by the DOL (or Guam DOL in certain cases),
that certifies compliance with various standards and need for temporary work.
Numerical limits for H-2A and H-2B visas
In addition to eligibility requirements, there are also certain numerical limits or “quotas.”
annual guidelines established jointly by DHS and DOL regarding the maximum number of visas
H-2 that may be granted each fiscal year:
- H-2A visas: There is no numerical limit due to the inherently variable nature
and unpredictable nature of agricultural activity and its labor needs.
- H-2B visas: The maximum limit was set at 66,000 visas, at a rate of 33,000 for each
semester of the fiscal year. This amount could be increased annually if the Congress of
the United States determines it necessary.
Some limited exceptions apply, for example certain workers who return in years
Previous taxes do not count toward these total numerical caps.
The United States Congress establishes these annual limits seeking to balance demands
of private industry to have enough temporary workers, with the protection of
jobs and employment opportunities for American domestic workers.
Until now, these maximum numerical limits remain in force without changes for the year
tax 2023. Both employers and workers must take these limits into account when
participate in the H-2A and H-2B visa programs.
Process to apply for H-2A and H-2B visas
U.S. employers and agents seeking to hire foreign workers
temporary under the H-2A or H-2B visa programs, must complete the following process
regulated by DHS and DOL:
- Labor certification application First, the US employer or agent must
apply for and obtain from the DOL a temporary labor certification certifying the insufficiency
of American labor, fair wages and other required conditions. - Filing Form I-129 With the approved labor certification, the employer or
U.S. agent then completes and files Form I-129 with the US
United States Citizenship and Immigration (USCIS), formally requesting classification
H-2A or H-2B for the prospective worker(s). - Visa application at the consulate If USCIS approves the H-2A or H-2B petition, the
Workers who need a visa must request an appointment and process the temporary visa at the
US consulate that corresponds to them in their country of origin. - Inspection and admission at the United States port of entry. Finally, at the moment
Upon entering the United States, the worker must appear before an officer of the Office of
United States Customs and Border Protection (CBP) at the port of entry, who will authorize your formal admission as an H-2A or H-2B Nonimmigrant if all documentation is in order.
This step-by-step process guarantees compliance with all applicable requirements before the foreign worker can begin work in the United States.
Validity periods and extension options for H-2A and H-2B visas
H-2A and H-2B visas are granted for specific validity periods. For example:
- Initial H-2A and H-2B visas are usually granted for less than 1 year, depending
of the dates of work need, with a maximum of up to 3 years.
- H-2A or H-2B status can be extended in increments of 1 year at a time,
through the extension of stay process before USCIS.
- The maximum cumulative period that can remain in the United States in status
H-2A or H-2B is 3 years.
- Once 3 years have been reached, the worker must leave and remain outside the United States.
United for an uninterrupted period of 3 months before qualifying again for a
H-2A or H-2B visa.
- There are exceptions to the general regulations detailed above.
Both workers and employers should make sure to apply for status extensions
to USCIS in a timely manner and maintain careful records of the validity periods of
each H-2A or H-2B visa. Until now, these parameters regarding validity periods and extensions
They remain unchanged for 2023.
Frequently asked questions about H-2A and H-2B visas
How does DHS decide which countries to include or exclude from the list of eligible for H-
2A and H-2B?
DHS takes into account several factors, including the country’s cooperation on immigration issues,
nonimmigrant visa exit noncompliance rates, fraud in H-2A and H-2B applications,
compliance with the terms of the H-2A and H-2B programs and others that serve the interest of
USA.
For example, the level of visa fraud, nonimmigrant visa overstays, and
lack of cooperation to facilitate removals (deportations) of its citizens.
The goal is to designate countries that meet the standards and do not abuse the programs.
What requirements changed this year 2023 for H-temporary work visas?
2A and H-2B?
Very few. The list of eligible countries is updated every year, but the vast majority remain the same.
unchanged, including Latin American countries.
Labor processes and standards remain the same.
What type of jobs can I get with an H-2A or H-2B visa in the United States?
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 fruit orchard worker,
horticulture worker, agricultural worker, animal herder, gardener, food processor
seafood, construction worker, cook and dishwasher.
You can see the list of temporary and seasonal jobs available under the visa program
H-2A and H-2B on the DOL website.
How can I find employers in the United States willing to sponsor H-2A or H-2B visas?
Only eligible US employers or agents
can submit applications for foreign workers under the H-2A and H-visa program
2B. The process of applying for one of these visas is complicated and visas sell out quickly.
They 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 website
from the DOL. You can contact these US employers or agents to ask if
They have places available and if they would like to sponsor it.
Additionally, you can contact American trade associations and unions in your industry.
Also non-profit recruiting agencies or government offices in your country that
They connect qualified workers with employers in the United States.
USCIS only approves petitions from citizens of countries that the DHS Secretary
considered eligible to participate in the H-2A and H-2B program. There are exceptions.
Frequently asked questions about H-2A and H-2B visas
How long can I legally work in the United States with an H-2A or H-2B visa? Is there a maximum number of years?
The maximum cumulative period that can remain in H-2A or H-2B status is 3 years.
You are then required to leave the United States for an uninterrupted period of 3 months before
be able to apply for a new H-2A or H-2B visa.
Initially, visas are usually granted for less than 1 year, depending on the dates
of work need.
Can I bring my family with me to the United States while working on an H-2A or H-2B visa?
Yes, subject to approval, spouse and unmarried children under 21 years of age can obtain a visa
H-4 as dependents of a worker with an H-2A or H-2B visa and thus legally accompany him or her.
But H-4 dependents are not authorized to work in the United States.
I am a worker with a valid H-2A or H-2B visa. Does the announcement of changes to the list of eligible countries affect me?
No. This announcement does not affect the current status of workers who at the time of publication
They already had a valid H-2A or H-2B visa.
However, the announcement would apply to these workers if they request an extension of stay or a
change of H-2A or H-2B status for employment as of the effective date of the announcement.
Workers on other visas who wish to switch to an H-2A or H-2B visa would also be
affected by these changes when requesting said change of status.
If I lose my H-2A or H-2B job, what options do I have to remain legally in the United States?
The US employer or agent must immediately notify USCIS if a carrier of
an H-2A or H-2B visa loses their job.
Generally, the temporary worker must leave the country before his or her permit expires.
stay H-2A or H-2B or request a change to some other immigration status for which you qualify.
I am from a country not included in the list of eligible for H-2A and H-2B visas. Can I still qualify for one of these visas?
There are some limited exceptions.
In certain cases, USCIS may approve an H-2A/H-2B petition for a beneficiary from a country
not included, if it determines that it is in the national interest. This is decided on a case by case basis based on the
circumstances.
An additional factor for H-2B is whether it qualifies under certain exemptions from the Trade Authorization Act.
National defense. However, final eligibility will depend on all relevant factors.
in each case.
If you are from an ineligible country, you should consult with an immigration attorney about your options
individual.
Conclusion
In summary, DHS announced minimal changes to the list of countries whose nationals are
eligible to apply for H-2A and H-2B visas for 2023. Bolivia joins as a novelty, but the
The vast majority remain unchanged.
The requirements, processes and validity periods for these temporary work visas continue
valid as in previous years. American workers and employers and agents
You should be sure to review the updated official list of eligible countries for the period 2023-
2024, published by DHS in the Federal Register.
Complying with established requirements and deadlines, and completing the detailed steps to
apply for an H-2A or H-2B visa, both employers and foreign workers can
continue to legally participate in these important temporary work programs in
USA.
immigration consultation
Anyone who has questions about United States immigration law, including
H-2A and H-2B visas, you should immediately consult with an immigration attorney with
licensed and experienced in the United States to determine your legal immigration options.
Avoid being a victim of immigration fraud and never consult with notaries, immigration consultants,
fillers of papers, multi-services and other unlicensed persons to obtain legal advice
migratory.
Dr. Nelson A. Castillo is an immigration attorney with more than 20 years of legal experience
and author of The Green Card: How to Obtain Permanent Residency in the United States. Is
former President of the National Hispanic Bar Association and the Neighborhood Council of
Westlake South Los Angeles. For information on how to consult with Dr. Castillo, click
click here.
For more information and immigration advice, visit my website Immigration Today®.
Send your questions to questions@consultamigratoria.com. Include detailed information about
your situation to better answer your questions.
This column was originally published in Immigration Today® and is reproduced with permission.
The purpose of this column is to provide general information. It cannot be guaranteed or
predict what the result will be from 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 could be considered an advertisement under the Rules of Professional Conduct
of attorneys from several states, including California and New York. Consult with a
immigration attorney to receive personalized legal advice before beginning any
immigration procedure.