The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2021. The notice listing the eligible countries will be published in the Federal Register on Jan. 13, 2021.

For 2021, the acting secretary of homeland security and the secretary of state have agreed to:

• Add the Philippines to the list of countries eligible to participate in the H-2B program;
• No longer designate the Independent State of Samoa and Tonga as eligible countries because they no longer meet the regulatory standards for the H-2A and H-2B visa programs; and
• No longer designate Mongolia as an eligible country for the H-2A visa program because it no longer meets the regulatory standards for that program.

DHS maintains its authority to add countries to the eligible countries list at any time, and to remove any country at the time it publishes a new list, should DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U.S. interest.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS 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 may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis only if doing so is determined to be in the interest of the United States based on submitted evidence.