The Department of Homeland Security (DHS) has released a notice announcing the countries eligible for the H-2A and H-2B visa programs for the upcoming year. As of November 9, 2023, Bolivia has been added to the list of countries eligible for participation. The eligibility criteria, including factors like fraud, abuse, and noncompliance, are outlined. The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals for temporary agricultural and nonagricultural jobs. The eligible countries for these programs are listed on www.uscis.gov.
However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register Notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States. The designation for each country is valid from November 9, 2023, to November 8, 2024. The notice does not impact the status of current H-2 beneficiaries in the U.S., and it applies to nonimmigrants changing status to H-2A or H-2B.