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Which Countries Are Eligible For H-2A And H-2B Visas In 2021?

In my Migration Consultation® column this week, I report on the countries that will be able to participate in the H-2A and H-2B visa program in 2021.

The Department of Homeland Security (DHS) announced today at the Federal Register (Federal Register) the list of countries that are eligible for H-2A and H-2B visas for the next 12 months.

The H-2A visa program allows US employers to bring foreign nationals to the United States for temporary agricultural jobs.

He H-2B visa program It allows bringing in foreigners for temporary jobs not related to agriculture.

As of January 19, 2021, the Latin American countries eligible to participate in the H-2A and H-2B visa programs are the following:

H-2A visa program

Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic and Uruguay.

H-2B visa program

Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Uruguay.

Spain and Portugal are also on the list and can participate in both of them programs.

You can see the full list of all countries by reading the announcement in the Federal Register.

This new list does not affect the status of people who currently have H-2A or H-2B visas.

The United States Citizenship and Immigration Services (USCIS) only approves petitions from citizens of countries that the Secretary of DHS deems eligible to participate in the H-2A and H-2B program. There are exceptions.

The new list of eligible countries is advertised in the Federal Register and is valid for one year from the date of publication.

Employers or workers agents under the H-2A and H-2B visa program

Only qualified U.S. employers or agents can file applications for foreign workers under the H-2A and H-2B visa program. The process of applying for one of these visas is complicated and visas sell out quickly.

You can see the list of U.S. employers or agents They have submitted applications for foreign workers under the H-2A and H-2B visa program by doing on the United States Department of Labor website.

Temporary jobs under the H-2A and H-2B visa program

Only certain classes of jobs are eligible under the H-2A and H-2B visa program. Some examples of jobs available under these programs include orchard worker, garden worker, farm worker, animal herder, gardener, shellfish processor, construction worker, cook, and dishwasher.

You can see the list of temporary and seasonal jobs available under the H-2A and H-2B visa program on the U.S. Department of Labor website.

Warning

Not all people are eligible for an H-2A or H-2B visa.

Employers and agents of the United States and foreign workers should consult with an immigration attorney who is licensed in the United States and experience before beginning any immigration process.

For more information and immigration tips, visit my website Immigration Today®.

Send your questions to [email protected]. Include detailed information about your situation to better answer your questions.

Dr. Nelson A. Castillo is an immigration attorney and author of The Green Card: How to obtain permanent residence in the United States. He is past President of the National Hispanic Lawyers Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here.

The purpose of this column is to provide general information. The outcome of the information presented by Dr. Nelson A. Castillo cannot be guaranteed or predicted. The information should not be taken as legal advice for any individual, case or situation. This column could be considered an advertisement by the Rules of Professional Conduct for attorneys in various states, including California and New York. Consult an immigration attorney for personalized legal advice before beginning any immigration process.

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