The Department of Homeland Security (DHS), in collaboration with the Department of State (State), has published an updated list of countries whose nationals are eligible for the H-2A and H-2B visa programs for the next 12 months.
The Secretary of Homeland Security, with the approval of the Secretary of State, has added Belize to the list of eligible countries for both the H-2A and H-2B programs. No countries previously eligible for these programs have been removed. However, DHS, in consultation with the State Department, retains the authority to modify the list of eligible countries at any time by publishing a Federal Register notice. A country may be removed if it fails to meet the necessary criteria, such as fraud, abuse, high nonimmigrant visa overstay rates, or other violations that conflict with U.S. interests.
The H-2A and H-2B visa programs allow U.S. employers to hire foreign nationals for temporary agricultural and nonagricultural jobs, respectively. The H-2A visa is not subject to any numerical limitations, while the H-2B visa is subject to a statutory annual cap of 66,000, although this limit can be increased at DHS’s discretion. H-2A visas, which are for agricultural workers, are not subject to any numerical cap.
Typically, U.S. Citizenship and Immigration Services (USCIS) approves petitions only for nationals of countries designated as eligible. However, USCIS may approve petitions on a case-by-case basis for nationals from countries not on the list if it is determined to be in the U.S. national interest.
Effective November 8, 2024, nationals of 88 countries are eligible for the H-2A program and nationals of 89 countries for the H-2B program. Notably, Mongolia and the Philippines are eligible for the H-2B program but not for the H-2A program, while Paraguay is eligible for the H-2A program but not the H-2B program.
The Taiwan Relations Act of 1979 ensures that Taiwan is treated as a “country” for purposes of U.S. law, and as such, Taiwan is included in the list of eligible countries for both the H-2A and H-2B programs.
“This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved before the date of publication of the Federal Register notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from Nov. 8, 2024, until Nov. 7, 2025,” said USCIS.
From fiscal year 1992 to 2023, the number of H-2A and H-2B visas issued annually varied significantly. In 1992, 6,445 H-2A visas and 12,552 H-2B visas were issued. Over the years, the number of H-2A visas increased steadily, reaching 31,774 in 2004 and continuing to rise to 108,144 in 2015. The peak came in 2022, with 298,336 H-2A visas issued. In fiscal year 2023, the U.S. Department of State issued 310,676 H-2A visas, the highest number recorded to date. On the other hand, H-2B visas followed a different trend, with their issuance rising more sharply in the early 2000s, reaching 122,541 in 2006 and peaking at 131,704 in 2023.
For H-2A visas, the number issued in 1992 was 6,445, increasing to 31,774 by 2004, and peaking in 2023 at 310,676 visas. During this period, the issuance of H-2A visas saw gradual growth with notable increases, particularly from 2016 to 2022, where it rose from 134,368 in 2016 to 257,898 in 2021. The number then surpassed 300,000 in 2023, marking a significant rise.
Similarly, for H-2B visas, the number issued was 12,552 in 1992, which steadily increased, reaching 129,547 in 2007. The number of H-2B visas continued to rise, reaching a high of 131,704 in 2023. The issuance of H-2B visas saw dramatic increases in the years leading up to 2007, with figures rising from 12,552 in 1992 to 122,541 in 2006. The number of H-2B visas issued then began to stabilize, remaining around 80,000 annually in recent years, with the exception of 2022, which saw a spike to 124,644, and 2023, which saw another significant increase to 131,704.
The issuance of H-2A and H-2B visas has fluctuated significantly over the years, with both programs experiencing periods of growth, peaking in recent years. The year 2023 saw the highest number of both H-2A and H-2B visas issued, reflecting the continued demand for foreign workers in both agricultural and nonagricultural sectors in the U.S.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
