The Department of Homeland Security (DHS), with advice from the Department of State (DOS), has announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs next year. The notification listing eligible countries will be published in the Federal Register on November 10, 2021.

The Secretary of Homeland Security, with the consent of the Secretary of State, has agreed for 2022:

• Add Bosnia and Herzegovina, the Republic of Cyprus, the Dominican Republic (currently only eligible for H-2A), Haiti, Mauritius and Saint Lucia to the list of countries eligible to participate in the H-2A and H-visa programs 2B; and
• No longer designate Moldova as an eligible country for the H-2A visa program because it no longer meets the regulatory standards of said program. However, Moldova's eligibility for the H-2A program remains in effect until January 8, 2022.

DHS maintains its authority to add countries to the eligible country lists at any time, and to decide not to redesign any country at the end of the one-year period from the date of publication of the country's last designation in the Federal Register, if DHS and DOS determine that you do not meet the requirements to continue designation. Some examples of factors that could result in a country being excluded or a country removed from the list include fraud, abuse, denial rates, demurrage rates, concerns about human trafficking, and other forms of non-compliance with the terms and conditions. conditions of H-2 visa programs by nationals of that country that go against the interests of the United States.

The H-2A and H-2B visa programs allow US employers to bring foreign nationals to the United States to fill positions in agricultural and non-agricultural jobs, respectively. USCIS generally approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs. However, USCIS could approve on a case-by-case basis H-2A and H-2B petitions, even those that were pending as of the date of the Federal Register notification, for nationals of non-listed countries, only if it is determined that doing so is in the interest of the United States.

Effective November 10, nationals of the following countries are eligible to receive H-2A and H-2B visas

* Paraguay and Moldova are eligible to participate in the H-2A program, but are not eligible to participate in the H-2B program. Moldova's eligibility for the H-2A program remains in effect until January 18, 2022.

** Mongolia and the Philippines are eligible to participate in the H-2B program but are now not eligible to participate in the H-2A program.

*** Regarding all references to "country" or "countries" in this document, it should be taken into consideration that section 4 (b) (1) of the Taiwan Relations Act of 1979, Public Law No. 96- 8 states that “at any time that the laws of the United States refer to or are related to foreign countries, nations, states, governments or similar entities, said terms must include and said laws must apply with respect to Taiwan. 22 USC § 3303 (b) (1). Accordingly, all references to “country” or “countries” in the regulations that govern whether nationals of a country are eligible to participate in the H-2 program, 8 CFR 214.2 (h) (5) (i) ( F) (1) (i) and 8 CFR 214.2 (h) (6) (i) (E) (1), have been interpreted to include Taiwan. This is consistent with the US "One China" policy, under which the US has had unofficial relations with Taiwan since 1979.

This notification does not affect the status of H-2 beneficiaries who are currently in the United States unless they request to extend their stays in H-2 status based on a petition filed on or after the publication date of the Registry notification. Federal. Likewise, this notification will not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and / or request admission to the United States based on an H-2B petition approved prior to the publication date of the Registry notification. Federal. This does not apply to nonimmigrants who change their status in the United States to H-2A or H-2B status. The designation of each country is valid, subject to removal for not meeting the requirements for continuity of designation, from November 10, 2021 to November 9, 2021.