U.S. Citizenship and Immigration Services has announced the Department of Homeland Security has named 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for year 2011.
The H-2A allows U.S. employers to bring foreign nationals to the U.S. to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the U.S. for temporary nonagricultural jobs.
USCIS approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. However, there are limited exceptions. A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in its sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.
Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.
Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
The new list of eligible countries is valid for one year until January 18, 2012.
The Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.
Note: This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status.