Suppose you’re running a landscaping business, and a surge in demand has left you short-handed. Your clients are counting on you, but there just aren’t enough skilled workers available locally. Hiring temporary foreign workers could solve your problem, but where do you start? Enter the H-2A and H-2B visa programs—your gateway to accessing a skilled, temporary workforce from eligible countries.
These programs have transformed industries like yours by filling critical gaps with motivated workers from around the world. However, the process can feel like venturing into uncharted waters with eligibility rules, labor certifications, and government approvals. That’s where understanding the list of H-2B visa countries becomes your competitive edge.
Don’t risk falling behind your competitors who might already be leveraging these opportunities. With the right guidance, you can take the first step toward streamlining your hiring process. Let’s understand the eligibility requirements of these specific visa programs from this guide so that you can hire individuals according to your needs.
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Overview of H-2A and H-2B Visa Programs
Hiring for temporary jobs can be an uphill battle, especially when local workers are scarce. The H-2A and H-2B visa programs were designed to bridge this gap by allowing U.S. employers to hire foreign nationals for temporary roles. Whether you need agricultural workers during harvest season or staff to manage non-agricultural tasks like landscaping or hospitality, these programs provide a valuable solution.
The H-2A program is specifically for agricultural jobs, such as planting, harvesting, or livestock care, while the H-2B program focuses on non-agricultural sectors like construction, seasonal retail, and resort staffing. Both programs prioritize workers from designated H-2B visa countries, ensuring they meet the U.S. Department of Homeland Security (DHS) and Secretary of State’s criteria. These criteria include cooperation on immigration matters and adherence to compliance standards.
Eligibility hinges on your ability to prove that no capable U.S. workers are available for the role. Additionally, the temporary nature of the job must be well-documented, supported by labor certifications from the U.S. Department of Labor.
Feeling overwhelmed by the process? Contact the Law Offices of Sweta Khandelwal for expert guidance on hiring from H-2B visa countries and ensuring your business stays ahead of seasonal challenges!
Distinctions Between H-2A and H-2B Programs
When considering the H-2 visa programs for your workforce needs, understanding their differences is crucial. Each program is tailored to address specific sectors and comes with its own set of benefits and requirements. Here’s a quick comparison to help you decide which program aligns with your hiring goals:
Feature | H-2A Visa Program | H-2B Visa Program |
Industry Focus | Agricultural roles like harvesting and farming | Non-agricultural sectors like hospitality, landscaping, and construction |
Annual Visa Cap | Unlimited | Capped at 66,000 visas per fiscal year. (A fiscal year is a 12-month period that businesses use for their finance-related report submission.) |
Housing Requirement | Employers must provide free, state-approved housing | Housing not required |
Wage Compliance | Adverse Effect Wage Rate applies | Prevailing wage determination required |
Whether you’re managing a farm or running a seasonal resort, hiring workers from H-2B visa countries can help you address labor shortages without disrupting operations.
Also Read: Differences Between O-1A and O-1B Visa: Criteria and Requirements
General Eligibility for H-2A and H-2B Programs
Understanding the eligibility criteria for H-2A and H-2B visa programs is critical to successfully hiring temporary foreign workers while protecting U.S. labor interests. These programs serve different industries but share a commitment to addressing labor shortages without disrupting domestic employment standards.
H-2B Visa Eligibility: Temporary Non-Agricultural Jobs
Employers should follow the below requirements when they are planning to hire from the H-2B visa countries:
- Labor Shortage: Show that no qualified, willing, or able U.S. workers are available for the temporary role. This requires exhaustive recruitment efforts, including advertising the job to the local workforce.
- No Adverse Impact: Demonstrate that employing foreign workers will not negatively affect the wages or working conditions of U.S. employees in comparable roles.
- Temporary Need: The employer’s need for workers must be temporary, falling into one of these categories:
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- One-Time Occurrence: A unique, short-term event creates the demand. The employer must show they have not employed workers for this role before and will not need them again in the future.
- Seasonal Need: The job is linked to recurring seasonal patterns, such as summer tourism or holiday retail surges. The period of inactivity must be predictable and consistent. This means that the employer can’t hire individuals during the vacation time of permanent employees.
- Peak Load Need: Increased demand temporarily exceeds the capacity of the permanent workforce, requiring supplemental staff for a short period. Hiring temporary staff should not be a part of the employer’s regular operation.
- Intermittent Need: The employer occasionally or intermittently requires workers for tasks not performed by permanent staff.
H-2A Visa Eligibility: Temporary Agricultural Jobs
For H-2A visas, employers must fulfill the following:
- Offer positions that are strictly temporary or seasonal in nature, such as planting, harvesting, or livestock care.
- Prove there is a labor shortage, demonstrating that no U.S. workers are willing/available/qualified enough for the job.
- Show that employing foreign workers will not adversely affect the wages or working conditions of domestic workers in similar roles.
- Obtain a temporary labor certification from the U.S. Department of Labor, confirming the need for foreign labor and compliance with labor standards.
Whether hiring for agricultural or non-agricultural roles, meeting these criteria is essential for approval.
Note: An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.
Don’t let complicated eligibility requirements hold you back. A professional immigrant attorney like Sweta Khandelwal will streamline your hiring process and secure workers from H-2B visa countries today!
Recent Changes to Eligible Countries
Keeping up with changes in the eligibility list for the H-2A and H-2B visa programs is essential for employers seeking temporary foreign workers. These updates reflect the U.S. government’s effort to meet labor demands while ensuring compliance with immigration policies. Recent additions highlight opportunities for businesses and workers alike.
- Bolivia: Now Eligible for Both H-2A and H-2B Programs
As of November 9, 2023, Bolivia has been added to the list of eligible countries for both the H-2A and H-2B programs. This change opens new doors for Bolivian nationals to work in the United States, whether in agricultural roles like seasonal farming or non-agricultural industries such as construction and hospitality.
The inclusion also signifies strengthened labor ties between the U.S. and Bolivia, making it easier for businesses to meet their operational needs.
- Mongolia: H-2B Program Eligibility
Mongolia remains on the list of eligible H-2B visa countries, enabling Mongolian nationals to pursue non-agricultural jobs in the U.S. The country’s continued inclusion highlights its compliance with U.S. immigration standards and its commitment to maintaining a collaborative relationship with the United States.
Also Read: Physicians and the National Interest Waiver (NIW) Process
List of Eligible Countries for H-2A and H-2B Visa Programs
The U.S. government periodically reviews and updates the list of countries eligible to participate in the H-2A and H-2B visa programs. These updates reflect evolving labor needs and ensure compliance with immigration policies. Effective November 8, 2024, to November 7, 2025, nationals from the following countries can apply for temporary work opportunities in the United States under these visa categories. While most countries qualify for both programs, some have restrictions based on the type of visa. Here’s the complete list:
- Andorra
- Argentina
- Australia
- Austria
- Barbados
- Belgium
- Belize
- Bolivia
- Bosnia and Herzegovina
- Brazil
- Brunei
- Bulgaria
- Canada
- Chile
- Colombia
- Costa Rica
- Croatia
- Republic of Cyprus
- Czech Republic
- Denmark
- Dominican Republic
- Ecuador
- El Salvador
- Estonia
- The Kingdom of Eswatini
- Fiji
- Finland
- France
- Germany
- Greece
- Grenada
- Guatemala
- Haiti
- Honduras
- Hungary
- Iceland
- Ireland
- Israel
- Italy
- Jamaica
- Japan
- Kiribati
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- Madagascar
- Malta
- Mauritius
- Mexico
- Monaco
- Mongolia (Eligible for H-2B only)
- Montenegro
- Mozambique
- Nauru
- The Netherlands
- New Zealand
- Nicaragua
- North Macedonia
- Norway
- Panama
- Papua New Guinea
- Paraguay (Eligible for H-2A only)
- Peru
- The Philippines (Eligible for H-2B only)
- Poland
- Portugal
- Romania
- Saint Lucia
- San Marino
- Serbia
- Singapore
- Slovakia
- Slovenia
- Solomon Islands
- South Africa
- South Korea
- Spain
- St. Vincent and the Grenadines
- Sweden
- Switzerland
- Taiwan
- Thailand
- Timor-Leste
- Turkey
- Tuvalu
- Ukraine
- United Kingdom
- Uruguay
- Vanuatu
Unsure how these updates impact your hiring process? Contact The Law Offices of Sweta Khandelwal for expert guidance on leveraging the latest list of eligible H-2B visa countries to meet your labor needs seamlessly!
Eligibility Exceptions for H-2A and H-2B Visa Programs
While the H-2A and H-2B visa programs maintain a defined list of eligible countries, there are situations where exceptions can be made. The U.S. Citizenship and Immigration Services (USCIS) holds the discretion to grant eligibility to citizens of non-listed countries if their participation aligns with U.S. national interests. These rare exceptions are carefully evaluated based on specific criteria and circumstances.
Criteria for Eligibility Exceptions
- Name each beneficiary who is not from an eligible country, and provide evidence to show that it is in the U.S. interest for the alien to be the beneficiary of such a petition.
- USCIS’s determination of what constitutes the U.S. interest takes into account certain factors, including but not limited to:
- Evidence demonstrating that a worker with the required skills is not available among U.S. workers or among foreign workers from a country currently on the eligible countries list;
- Evidence that the beneficiary has been admitted to the United States previously in H-2A status.
- The potential for abuse, fraud, or other harm to the integrity of the H-2A visa program through the potential admission of a beneficiary from a country not currently on the eligible countries list and
- Such other factors may serve the U.S. interest
Employer Responsibilities
Employers seeking an exception to the standard hiring regulations must submit extensive documentation to support their request. This includes providing clear evidence of their recruitment efforts for U.S. workers, such as job advertisements and outreach to potential candidates. Additionally, employers must demonstrate the critical nature of the role, explaining why it cannot be filled by a domestic worker.
Furthermore, they must ensure that hiring from non-listed countries will not negatively impact U.S. workers’ wages or working conditions, ensuring there will be no adverse effects on the local labor market. This comprehensive documentation is essential for approval.
Also Read: Eligibility and Requirements for EB-2 NIW Visa
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Conclusion
The H-2A and H-2B visa programs play a pivotal role in bridging the gap between labor shortages and industry demands in the United States. By opening doors to a diverse pool of foreign workers, these programs empower businesses to thrive in sectors requiring temporary agricultural and non-agricultural support. Recent updates, such as the inclusion of Bolivia in both programs and continued eligibility for Mongolia under H-2B, reflect the government’s commitment to addressing economic needs.
However, understanding the nuances of these programs, from eligibility requirements to exceptions, is essential to remain compliant and efficient. Employers must ensure they meet all regulations, such as proving labor shortages and adhering to fair wage practices, to protect both their business and their workforce. Staying informed about annual changes, eligibility lists, and documentation requirements ensures businesses can make the most of these opportunities.
By leveraging the H-2A and H-2B visa programs strategically, businesses can maintain productivity, manage seasonal demands, and foster growth in competitive markets.
If you’re struggling with workforce shortages or navigating the complexities of the H-2A and H-2B visa programs, Contact the Law Offices of Sweta Khandelwal for expert guidance tailored to your hiring needs. Whether it’s understanding eligibility requirements, staying updated on program changes, or ensuring compliance with documentation, Sweta Khandelwal can provide seamless support in hiring from H-2B
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.